Five killed in Oregon tour bus crash

LA GRANDE, Ore. Authorities say five people died and about 20 more were injured in a tour bus crash on an icy stretch of interstate in Oregon.

Police say the bus lost control around 10:30 a.m. on the snow- and ice-covered lanes of Interstate 84 in eastern Oregon. The bus crashed through a guardrail and went down an embankment a few hundred feet.

Rescue workers are using ropes to help retrieve people from the crash scene. State police say the charter bus was carrying about 40 people, but they did not say where the vehicle was traveling to or from.

The bus crash was the second fatal accident in Oregon on Sunday morning due to icy conditions. A 69-year-old man died in a single-vehicle rollover accident. CBS affiliate KOIN-TV in Portland reports both the 26-year-old driver, who is expected to survive, and the deceased passenger were wearing safety restraints.

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Cliffhanger: 'Major Setback' For Budget Talks













With less than two days remaining for Congress to reach a budget agreement that would avoid the so-called "fiscal cliff," a senior White House official tells ABC News that President Obama is still "modestly optimistic" that a deal can be struck to prevent middle class taxes from increasing on New Year's Day.


Vice President Biden has now re-emerged as a key player, back in Washington and playing "a direct role" in trying to make a deal with Senate Republicans. Biden has been tapped because of his long-standing relationship with Senate Republican Leader Mitch McConnell.


A Democratic source says that McConnell seems to be genuinely interested in getting an agreement. The news dovetails with reports that the GOP has backed off a key Social Security measure that had stalled negotiations.


According to sources, the row was sparked when the GOP offered a proposal that included a new method of calculating entitlement benefits with inflation. Called the "chained consumer price index," or Chained CPI, the strategy has been criticized by some Democrats because it would lower cost of living increases for Social Security recipients.


"We thought it was mutually understood that it was off the table for a scaled-back deal," a Democratic aide said. "It's basically a poison pill."


President Obama has floated chained CPI in the past as part of a grand bargain, despite opposition from the AARP and within his own party.


Also in the Republican plan brought today: An extension of the current estate tax and no increase in the debt ceiling. Higher income earners would see their taxes increase, but at levels "well above $250,000," the sources said.






J. Scott Applewhite/AP Photo











Sens. Charles Schumer and Jon Kyl on 'This Week' Watch Video











Fiscal Cliff Negotiations: Could Economy Slip Back into Recession? Watch Video





That "major setback" in the talks was evident on the floor of the Senate this afternoon.


"I'm concerned about the lack of urgency here, I think we all know we are running out of time," Senate Minority Leader Mitch McConnell, R-Ky., said, "I want everyone to know I am willing to get this done, but I need a dance partner."


McConnell said he submitted the Republican's latest offer to Majority Leader Harry Reid, D-Nev., at 7:10 pm last night and was willing to work through the night. Reid promised to get back to him at 10 this morning, but has yet to do so.


Why have the Democrats not come up with a counteroffer? Reid admitted it himself moments later.


"At this stage we're not able to make a counteroffer," Reid said noting that he's had numerous conversations with Obama, but the two parties are still far apart on some big issues, "I don't have a counteroffer to make. Perhaps as the day wears on I will be able to."


McConnell said he believes there is no major issue that is the sticking point but rather, "the sticking point appears to be a willingness, an interest, or frankly the courage to close the deal."


Reid said the fiscal cliff negotiations are getting "real close" to falling apart completely.


"At some point in the negotiating process, it appears that there are things that stop us from moving forward," he said. "I hope we're not there but we're getting real close and that's why I still hold out hope that we can get something done. But I'm not overly optimistic but I am cautiously optimistic that we can get something done."


Reid said there are serious difference between the two sides, starting with Social Security. He said Democrats are not willing to cut Social Security benefits as part of a smaller, short-term agreement, as was proposed in the latest Republican proposal.


"We're not going to have any Social Security cuts. At this stage it just doesn't seem appropriate," he said. "We're open to discussion about entitlement reforms, but we're going to have to take a different direction. The present status will not work."


Reid said that even 36 hours before the country could go over the cliff, he remains "hopeful" but "realistic," about the prospects of reaching an agreement.


"The other side is intentionally demanding concessions they know we are not willing to make," he said.






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2013: A year for big issues in the courts












By Jeffrey Toobin, CNN Senior Legal Analyst


December 27, 2012 -- Updated 1445 GMT (2245 HKT)







Chief Justice John Roberts re-administers the oath of office to Barack Obama at the White House on January 21, 2009.




STORY HIGHLIGHTS


  • Jeffrey Toobin: 2013 will see pivotal decisions in several key areas of law

  • He says Supreme Court could decide fate of same-sex marriage

  • Affirmative action for public college admissions is also on Court's agenda

  • Toobin: Newtown massacre put gun control debate back in the forefront




Editor's note: Jeffrey Toobin is a senior legal analyst for CNN and a staff writer at The New Yorker magazine, where he covers legal affairs. He is the author of "The Oath: The Obama White House and the Supreme Court."


(CNN) -- What will we see in 2013?


One thing for sure: The year will begin with Chief Justice John Roberts and President Obama getting two chances to recite the oath correctly.



Jeffrey Toobin

Jeffrey Toobin



After that, here are my guesses.


1. Same-sex marriage and the Supreme Court. There are two cases, and there are a Rubik's Cube-worth of possibilities for their outcomes. On one extreme, the court could say that the federal government (in the Defense of Marriage Act) and the states can ban or allow same-sex marriage as they prefer. On the other end, the Court could rule that gay people have a constitutional right to marry in any state in the union. (Or somewhere in between.)





CNN Opinion contributors weigh in on what to expect in 2013. What do you think the year holds in store? Let us know @CNNOpinion on Twitter and Facebook/CNNOpinion


2. The future of affirmative action. In a case pending before the Supreme Court, the Court could outlaw all affirmative action in admissions at public universities, with major implications for all racial preferences in all school or non-school settings.


3. Gun control returns to the agenda. The Congress (and probably some states) will wrestle with the question of gun control, an issue that had largely fallen off the national agenda before the massacre in Newtown. Expect many invocations (some accurate, some not) of the Second Amendment.




4. The continued decline of the death penalty. Death sentences and executions continue to decline, and this trend will continue. Fear of mistaken executions (largely caused by DNA exonerations) and the huge cost of the death penalty process will both accelerate the shift.


5. Celebrity sex scandal. There will be one. There will be outrage, shock and amusement. (Celebrity to be identified later.)


Follow @CNNOpinion on Twitter


Join us at Facebook/CNNOpinion


The opinions expressed in this commentary are solely those of Jeffrey Toobin.











Part of complete coverage on







December 28, 2012 -- Updated 1356 GMT (2156 HKT)



Aaron Carroll says most of the changes in 2013 will be in preparation for 2014 when the Affordable Care Act really kicks into effect.







December 28, 2012 -- Updated 1351 GMT (2151 HKT)



Don't look for dramatic change in the troubled politics of the Middle East, says Aaron Miller.







December 28, 2012 -- Updated 1337 GMT (2137 HKT)



Sheril Kirshenbaum says natural gas fracking, climate change and renewables are likely to drive discussions of energy in the new year.







December 28, 2012 -- Updated 1354 GMT (2154 HKT)



Former CIA director Michael Hayden says the controversy over the film is one of two Washington debates in which politics obscures the real role of intelligence agencies.







December 28, 2012 -- Updated 1344 GMT (2144 HKT)



Even for someone who has written more than 2,000 columns over the last 20 years, sometimes the words come out wrong, says Ruben Navarrette.








Get the latest opinion and analysis from CNN's columnists and contributors.







December 28, 2012 -- Updated 0307 GMT (1107 HKT)



Kerry Cahill and Keely Vanacker, whose father was shot dead at Fort Hood, say the nation must address problems that lead to massacres.







December 27, 2012 -- Updated 1734 GMT (0134 HKT)



Gayle Tzemach Lemmon says it's vital that the withdrawal of NATO forces by 2014 doesn't endanger the progress Afghan women have made.







December 27, 2012 -- Updated 1445 GMT (2245 HKT)



Jeffrey Toobin says key rulings will likely be made regarding same-sex marriage and affirmative action for public college admissions.







December 28, 2012 -- Updated 0041 GMT (0841 HKT)



Frida Ghitis says that after years in which conservative views dominated the nation, there's now majority support for many progressive stances.







December 28, 2012 -- Updated 0316 GMT (1116 HKT)



John MacIntosh says gun manufacturer Freedom Group should be acquired by public-spirited billionaires and turned into a company with ethical goals.







December 26, 2012 -- Updated 1540 GMT (2340 HKT)



Dean Obeidallah says "Zero Dark Thirty" and "Promised Land" present hot button issues that fire up people from the left and right.







December 22, 2012 -- Updated 1706 GMT (0106 HKT)



David Gergen says the hope for cooperation is gone in the capital as people spar over fiscal cliff, gun control, and nominations


















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'Cliff' pessimism delivers US stocks another loss






NEW YORK: US stocks sank for a fifth straight day Friday, showing more doubts that politicians will be able to agree a deal to fix the fiscal cliff with only days before the year-end deadline.

Shares were cautiously lower for most of the day after President Barack Obama returned from his vacation early to try to broker a deal with Democrat and Republican congressional leaders in the White House.

But without any positive signs late in the day and the weekend looming, traders gave up and sold off at a stronger pace in the last half hour.

The Dow Jones Industrial Average finished off 158.20 points (1.21 percent) at 12,938.11.

The broad-market S&P 500 lost 15.67 (1.10 percent) to 1,402.43, while the tech-rich Nasdaq Composite shed 25.60 points (0.86 percent) to 2,960.31.

"In the end, fiscal-cliff concerns dominated. No deal meant more worry, and we sold off," said Ryan Detrick of Schaeffer's Investment Research.

All 30 Dow blue chips were in the red, led by Hewlett-Packard (-2.6 percent), which was pushed lower after the SEC said it was looking into its subsidiary Autonomy.

In November, HP accused Autonomy of fraudulent accounting that was uncovered only after its $10 billion purchase of the British software firm in 2011.

Also on the Dow, Exxon lost 2.0 percent and Chevron 1.9 percent.

A rare gainer for the day was embattled bookseller Barnes & Noble, which although reporting that its Nook e-reader had disappointing Christmas sales, got a 4.3 percent boost on the announcement that British publisher Pearson would take a five percent stake in its Nook unit for $89.5 million.

Herbalife, under attack for weeks from short-selling hedge funds, bounced back with a 3.9 percent gain.

Facebook, which opened more than 2.5 percent lower on a report by audience tracker AppData.com that some 3.5 million people had stopped using its photo-sharing app Instagram daily over the past week, regained ground to finish with a loss of just 0.5 percent.

Facebook acquired Instagram earlier this year. The original price was pegged at $1 billion but the final value was less because of a decline in the social network's share price.

Bond prices rose. The 10-year US Treasury yield slipped to 1.71 from 1.72 percent late Thursday, while the 30-year edged lower to 2.88 percent from 2.89 percent. Bond prices and yields move inversely.

-AFP/ac



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Obama, congressional leaders discuss fiscal cliff






STORY HIGHLIGHTS


  • NEW: Pressure on Democrat Harry Reid and Republican Mitch McConnell to reach deal

  • NEW: Senate leader Reid said the next 24 hours would be "very important"

  • Without an agreement, everyone's taxes go up next week

  • Inaction in Washington on fiscal cliff again depresses financial markets




As the fiscal cliff looms, what's your New Year's message to Washington? Go to CNNiReport to share your video.


Washington (CNN) -- A political summit on Friday at the White House left it to the Senate's top Democrat and Republican to work out a possible compromise to avoid the fiscal cliff, participants said.


Senate Majority Leader Harry Reid, D-Nevada, told reporters that the next 24 hours would be "very important" toward efforts to lessen the harshest impacts of the fiscal cliff, a combination of automatic tax hikes and deep spending cuts due to take effect at the start of the new year.


"Whatever we come up with is going to be imperfect. Some people aren't going to like it, some people are going to like it less," Reid said on the Senate floor after the meeting.


His Republican counterpart, Sen. Mitch McConnell of Kentucky, expressed hope that he and Reid could arrive at a proposal to present to their respective caucuses "as early as Sunday."


President Barack Obama will make a statement to reporters at 5:45 p.m., the White House announced.


House Democratic leader Nancy Pelosi described the White House meeting with Obama, House Speaker John Boehner, Reid, McConnell and others as candid and productive. They agreed to let the two senators try to forge an agreement.


Diminished hopes for a substantial agreement in Washington again depressed stock indexes on Wall Street despite other encouraging news on the economy. Consumer confidence has also softened due to political inaction.


Economists warn that continued stalemate could trigger recession as taxes go up on everyone with the expiration of lower rates from the administration of President George W. Bush, coupled with slashed government spending, including for the military.


The White House meeting that started shortly after 3 p.m. ET ran just over an hour and also included Vice President Joe Biden and Treasury Secretary Timothy Geithner.


Prior to the meeting, a source familiar with the matter said Obama would propose the same framework for a scaled-back agreement that he described last week.


Such a plan would extend current tax rates on family income up to $250,000 while allowing a return to higher rates above that level. It also would extend unemployment benefits and address some other issues, according to the source.


Obama planned on asking the Republican leaders if they had a counter-proposal that could pass the House and Senate, the source said. If they didn't, the president was prepared to ask them to hold an up-or-down vote on his plan, meaning it would need a simple majority to pass, the source added.


Friday's meeting came with the Senate back in town after a Christmas holiday for a rare end-of-year appearance before a new Congress convenes early in the new year. Boehner plans to bring the House back on Sunday.


Reid and McConnell took turns blaming the other side for the impasse on Thursday, but neither seized the chance to offer remarks when the Senate opened on Friday. Other senators expressed opinions on the negotiations ranging from optimism to frustration.


"When the dust settles and everything is said and done, federal individual income taxes are not going to go up on almost all Americans next year," GOP Sen. Lamar Alexander of Tennessee told reporters.


Democratic Sen. Chuck Schumer of New York told NBC's "Today" show he was "a little more optimistic today" about reaching a deal.


"Sometimes it's darkest before the dawn," Schumer said, noting the renewed engagement by McConnell and Boehner, the top congressional Republicans.










"The fact that (Boehner's) come back and the four of them are at the table means to me we could come up with some kind of agreement that would avoid the main parts of the fiscal cliff, particularly taxes going up on middle-class people," he added.


Sen. Olympia Snowe, R-Maine, told CNN's "Starting Point" that a deal must originate from talks between Obama and the four congressional leaders for Americans to regain confidence in the federal government.


"It's got to start with the leaders and the president at the White House this afternoon. Hopefully they'll agree to a framework," said Snowe, who is retiring.


"I hope the speaker can get this job done before the end of this year and not defer it to next year," she continued. "We've got to demonstrate we have some capacity left to make decisions in Washington on these very significant issues for the country."


However, Republican Sen. Bob Corker of Tennessee downplayed the importance of Friday's meeting on CBS "This Morning," saying it "feels too much to me like optics to make it look like we're doing something."


"This is a total dereliction of duty at every level," added Corker, who has called for Republicans to compromise on the central issue of allowing tax rates to increase on top income brackets. "I've been very surprised that the president has not laid out a very specific plan to deal with this, but candidly Congress could have done the same and I think the American people should be disgusted."


He predicted Friday's meeting would result in a "kick-the-can-down the road" solution, meaning larger questions on tax increases and spending cuts would be put off until next year.


On Thursday, McConnell said his side won't "write a blank check for anything Senate Democrats put forward just because we find ourselves at the edge of the cliff."


Reid, however, argued that Republicans undermined a potentially major agreement over the past two years by refusing to compromise on their opposition to higher tax rates for the wealthy. Hours before Friday's meeting was announced, he was doubtful there would be a deal by January 1.


"I don't know, timewise, how it can happen now," Reid said.








The principal dispute continues to be over taxes, specifically the demand by Obama and Democrats to extend most of the tax cuts passed under Bush while allowing higher rates of the 1990s to return on top income brackets.


Obama campaigned for re-election on keeping the current lower tax rates on family income up to $250,000, which he argues would protect 98% of Americans and 97% of small businesses from rates that increase on income above that level.


Republicans oppose any kind of increase in tax rates, and Boehner suffered the political indignity last week of offering a compromise -- a $1 million threshold for the higher rates to kick in -- that his GOP colleagues refused to support because it raised taxes and had no chance of passing the Senate.


Last Friday, the president proposed the scaled-back agreement that included his call for extending tax cuts on households with incomes under $250,000, as well as an extension of unemployment insurance.


Both sides say political concerns undermine a possible agreement.


On Thursday, Reid said Boehner wanted to wait until after the new House re-elects him as speaker early next month before proceeding with a compromise -- one that will need support from both Democrats and Republicans to pass.


Boehner is "more concerned about his speakership than putting the country on firm financial footing," Reid claimed.


In response, Boehner spokesman Michael Steel said Reid should stop talking and instead take up legislation passed by the House to avert the fiscal cliff.


Reid and Democrats reject the GOP proposals, which would extend all the Bush tax cuts and revamp the spending cuts of the fiscal cliff, calling them insufficient and saying they would shift too much deficit reduction burden on the middle class.


One possibility is the fiscal cliff takes effect and taxes go up in January, then Congress steps in to bring tax rates back down for at least some people -- allowing them to say they're lowering taxes, even if rates for top income brackets are higher in 2013 than they were in 2012.


Obama and Democrats have leverage, based on the president's re-election last month and Democratic gains in the House and Senate in the new Congress. In addition, polls consistently show majority support for Obama's position on taxes, and Democrats insist the House would pass the president's plan with Democrats joined by some Republicans if Boehner allowed a vote on it.


However, anti-tax crusader Grover Norquist has vowed to back primary challenges against Republicans who violate his widely signed pledge not to raise taxes. Even if a deal is reached, Norquist predicts budget showdowns will continue every time the government needs more money to operate.


"There the Republicans have a lot of clout because they can say we'll let you run the government for the next month, but you've got to make these reforms," he said this week.


On Wednesday, Treasury Secretary Timothy Geithner told Congress the government would reach its borrowing limit at year's end, but could take steps to create what he called "headroom" for two months or so.


However, Geithner said uncertainty about the fiscal cliff and deficit negotiations make it hard to predict precisely how long government measures to address the situation will last.


The possibility of a fiscal cliff was set in motion over the past two years as a way to force action on mounting government debt.


Now, legislators risk looking politically cynical by seeking to weaken the measures enacted to try to force them to confront tough questions regarding deficit reduction, such as changes to government programs like Social Security, Medicare and Medicaid.


The two sides seemingly had made progress early last week on forging a $2 trillion deficit reduction deal that included new revenue sought by Obama and spending cuts and entitlement changes desired by Boehner.


Obama's latest offer set $400,000 as the income threshold for a tax rate increase, up from his original plan of $250,000. It also had a new formula for the consumer price index -- called chained CPI -- that wraps in new assumptions on consumer habits in response to rising prices, such as seeking cheaper alternatives, and would result in smaller benefit increases.


Statistics supplied by opponents say the change would mean Social Security recipients would get $6,000 less in benefits over the first 15 years of chained CPI. Liberal groups have openly challenged the plan, calling it a betrayal of senior citizens who contributed all their lives for their benefits.


Boehner appeared to move on increased tax revenue, including higher rates on top income brackets and eliminating deductions and loopholes. But his inability to rally all House Republicans behind his plan last week raised questions about his role and what comes next.


What happens to the economy if we go over the cliff?


CNN's Dana Bash, Deirdre Walsh, Ted Barrett and Kevin Liptak contributed to this report.






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Indian gang rape victim dies in hospital

SINGAPORE A young Indian woman who was gang-raped and severely beaten on a bus in New Delhi died early Saturday at a hospital in Singapore, the hospital said.

The 23-year-old victim "died peacefully," according to a statement by Singapore's Mount Elizabeth hospital where she was being treated.

The woman's horrific ordeal galvanized Indians, who have held almost daily demonstrations to demand greater protection from sexual violence, from groping to rape, which impacts thousands of women every day, but which often goes unreported.

She and a male friend were traveling in a public bus on Dec. 16 evening when they were attacked by six men who raped her and beat them both. They also stripped both naked and threw them off the bus on a road.

The attack two weeks ago brought new focus on police and community attitudes toward woman in India. Demonstrators in New Delhi have demanded stronger protections for women and stronger punishment for rapists.

Indian authorities have been accused of belittling rape victims and refusing to file cases against their attackers, further deterring victims — already under societal pressure to keep the assaults quiet — from reporting the crimes.

After 10 days at a New Delhi hospital, the victim was flown to Singapore on Thursday for treatment at the Mount Elizabeth hospital, which specializes in multi-organ transplant. Media reports have said that her assailants beat her and inserted an iron rod into her body during the assault, resulting in severe organ damage.

But by late Friday, the young woman's condition had "taken a turn for the worse" and her vital signs had deteriorated with indications of severe organ failure, said Dr. Kelvin Loh, the chief executive officer of Singapore's Mount Elizabeth hospital.

"This is despite doctors fighting for her life including putting her on maximum artificial ventilation support, optimal antibiotic doses as well as stimulants which maximize her body's capability to fight infections," he said, adding that family members are by her side.

She had earlier suffered a heart attack, a lung and abdominal infection and `'significant" brain injury, according to the hospital.

Police have arrested six people in connection with the attack, which left the victim with severe internal injuries. She was traveling in the virtually empty bus with a male friend when they were attacked.

Some politicians have come under fire for comments insulting the protesters and diminishing the crime.

On Friday, Abhijit Mukherjee, a national lawmaker and the son of India's president, apologized for calling the protesters `'highly dented and painted" women, who go from discos to demonstrations.

`'I tender my unconditional apology to all the people whose sentiments got hurt," he told NDTV news.

Separately, authorities in Punjab took action Thursday when an 18-year-old woman killed herself by drinking poison a month after she told police she was gang-raped.

State authorities suspended one police officer and fired two others on accusations they delayed investigating and taking action in the case. The three accused in the rape were only arrested Thursday night, a month after the crime was reported.

"This is a very sensitive crime, I have taken it very seriously," said Paramjit Singh Gill, a top police officer in the city of Patiala.

The Press Trust of India reported that the woman was raped Nov. 13 and reported the attack to police Nov. 27. But police harassed the girl, asked her embarrassing questions and took no action against the accused, PTI reported, citing police sources.

Authorities in the eastern state of Chhattisgarh also suspended a police officer on accusations he refused to register a rape complaint from a woman who said she had been attacked by a driver.

Read More..

Woman Tied to Gun in NY Firefighter Ambush













Authorities have charged a woman for allegedly providing a convicted killer with the Bushmaster AR-15 assault rifle he used when he ambushed four volunteer firefighters and an off-duty cop at a fire scene in upstate New York on Christmas Eve, federal prosecutors said.


Dawn Nguyen, 24, was arrested today after allegedly making an illegal purchase of the weapon used by William Spengler, 62, who set a house and car on fire in Webster, N.Y., the morning of Dec. 24, then shot dead two firemen and himself.


Nguyen is facing federal and state charges for acting as a "straw purchaser," buying the Bushmaster assault weapon as well as a shotgun with the intention of giving it to someone who cannot legally purchase it himself, said U.S. Attorney William J. Hochul.


Authorities accuse Nguyen of lying about being the sole owner of the weapons when making the purchase, a violation of federal law.


As an ex-convict, Spengler could not have legally owned or purchased the weapons himself.








NY Firemen's Killer Left Chilling Note Behind Watch Video









Rochester Fire, Shooting: Death Toll Rises to 3 Watch Video







"Dawn Nguyen told the seller of these weapons that she was to be true owner and buyer of these guns," said Hochul. "It is absolutely against federal law to provide any materially false information" on a firearms application.


As Hochul announced the charges, Nguyen was in a nearby court. It was unknown whether she entered a plea, and her lawyer could not be immediately contacted.


In addition to the rifle and shotgun, Spengler was found with a pistol, which authorities believe he used to kill himself by shooting himself in the head.


After apparently setting the fires, Spengler began shooting at emergency responders, officials have said. The attack left two firefighters and the gunman dead, and two other firefighters hospitalized.


Police officer John Ritter recieved shrapnel injuries at the scene but was discharged quickly from the hospital.


In a typewritten note found at the scene, Spengler revealed that he obtained the weapons from Nguyen, who for a time lived next door to him in Webster, Hochul said.


In that same note, Spengler pledged to see "how much of the neighborhood I can burn down." He said he wanted to "do what I like doing best, killing people."


Police said Spengler set a "trap" in order to ambush the first responders.


Firefighters Michael Chiapperini and Tomasz Kaczowka were gunned down. Two other firefighters, Joseph Hofsetter and Theodore Scardino, remained in guarded condition at a Rochester, N.Y. hospital.



Read More..

A gunmaker ripe for an ethical takeover




Several .223 caliber rounds near a Bushmaster XM-15; the manufacturer's owner is putting its gun companies up for sale.




STORY HIGHLIGHTS


  • The owner of America's largest gunmaker is putting firm up for sale

  • John MacIntosh says billionaires should lead effort to acquire the gun manufacturer

  • He says they should change corporate practices to discourage violence

  • MacIntosh: One leading company could push gun industry in a more ethical direction




Editor's note: John MacIntosh was a partner at Warburg Pincus, a leading global private equity firm, where he worked from 1994 to 2006 in New York, Tokyo and London. He now runs a nonprofit in New York.


(CNN) -- In the 1970s and '80s, when corporate America was plagued with inefficiency, a new class of financially motivated takeover investor emerged to prey on the fattest in the corporate herd and scare the rest into line.


Today, as pockets of corporate America are plagued with immorality, we need a new class of socially motivated takeover investor to prey on the sociopaths in the corporate herd, turn them around and perhaps scare (or shame) others into line.



John MacIntosh

John MacIntosh



The upcoming sale by Cerberus Capital of the Freedom Group, the largest gun manufacturer in the United States, is a perfect opportunity to usher in this new era of muscular, socially responsible capitalism:


First, Michael Bloomberg, George Soros, David Geffen and the like should establish a nonprofit SPAC (Special-Purpose-Acquisition-Company) called BidForFreedom.org (BFF) with a mission to reduce needless deaths through gun violence in the United States and encourage the passage of sensible gun control regulations.



They should appoint George Clooney, Angelina Jolie and Matt Damon to the fundraising committee and recruit a loud-mouthed, poison-penned, but good-hearted activist hedge fund titan as chief investment officer (Bill Ackman? Dan Loeb?).


Opinion: Forgotten victims of gun violence


To be credible, BFF will probably need to start with at least $250 million in cash and commitments (no problem given the billionaire status of the sponsors) with additional firepower raised as needed from well-heeled individuals, foundations and through a broad-based Internet solicitation to an outraged-by-Newtown public.


Second, BFF should lobby all public pension funds that are part owners of the Freedom Group (by virtue of their investment in Cerberus) to roll their investment into BFF to reduce the need for outside funding, naming and shaming any unwilling public investors.


Newtown shooter's guns








Third, BFF should pay "whatever it takes" to acquire control of the Freedom Group in the upcoming auction by Cerberus (which has a fiduciary obligation to sell to the highest bidder) and then immediately implement a "moral turnaround" plan under which the Freedom Group:


(i) Appoints a high-profile CEO with impeccable credentials as a hunter and/or marksman who is nevertheless in favor of gun-control.


Opinion: Guns endanger more than they protect


(ii) Elects a new board of directors including representatives from the families of victims killed in Newtown (and/or other massacres perpetrated with Freedom Group weapons), military veterans and trauma surgeons with real experience of human-on-human gunfire, and law enforcement and mental health professionals.


(iii) Operates the business as if sensible gun laws were in place (this may turn out to be a wise investment in future-proofing the company): discontinuing sales of the most egregious assault weapons and modifying others as necessary so they cannot take huge-volume clips; offering to buy back all Freedom Group assault weapons in circulation; micro-stamping weapons for easy tracking; and providing price discounts for buyers willing to go through a background check and register in a database available to law enforcement.


(iv) Voluntarily waives its rights to support the NRA and other lobbying groups.


(v) Creates a fund to compensate those who, despite its best efforts, are killed or wounded by its weapons.


(vi) Agrees that if the effort to provide moral leadership in the weapons industry doesn't succeed within a year, BFF should consider corporate euthanasia, even though it entails a risk of allowing more retrograde manufacturers to fill the void in the market left by the then-deceased company.


Opinion: The case for gun rights is stronger than you think


In the face of horrors like Newtown, BFF would recognize that it's time to take a stand by acknowledging the impossibility of reaching closure after such a monstrous act while an unreconstructed Freedom Group continues to sell a huge volume of guns and ammunition rounds each year even if it is operating under new owners.


Like any Trojan Horse strategy, this is a long shot, but it must be tried. History suggests that only after the first company "turns" will an industry gradually return to the realm of the human (think of big tobacco). And without the tacit agreement, if not the outright support, of at least one important insider, policymakers seem utterly unable to pass tough regulations in the face of the predictable, but withering, assault by industry lackeys shrieking that any such regulation would be "impossible, impractical or too expensive."


In the face of a recalcitrant industry, we have to acknowledge that it is only the market for corporate control -- the real possibility that an outsider will take over one of the companies -- that puts limits on the behavior of board members and executives who, while perhaps decent enough in their family lives, display a limitless tolerance for the "banality of evil" at the office.


Opinion: Not man enough? Buy a gun


We must accept that the conventional, kid-gloves approach to socially responsible investing -- divesting shares in "bad" companies that nevertheless continue to exist -- is too weak an instrument to force change and its well-meaning practitioners too soft to enter the fray when emotionally and politically charged battles need to be fought.


And regardless of the viability of socially motivated takeovers in general, the Freedom Group looks like a great target. Cerberus is a motivated seller, the political macros look favorable, and it's a bite-sized company compared with many of the larger sociopaths in the corporate herd.


I'm even cautiously optimistic that the current impasse over gun regulation is a bad-equilibrium that few consumers actually want, and that a reconstructed Freedom Group, fighting for sensible change as a fifth column from within the industry, might well find that many people -- even a significant portion of the NRA's members -- would buy from a truly responsible (and high quality) gun maker if given the chance.


All in all, it's a pretty exciting deal, so if Mike and George are up for it, count me in.



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The opinions expressed in this commentary are solely those of John MacIntosh.






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US stocks down as "fiscal cliff" deadline nears






NEW YORK: US stocks dipped Thursday in the absence of a deal to avert a "fiscal cliff" crisis as an end-of-year deadline crept closer.

The Dow Jones Industrial Average finished the session down 18.28 points (0.14 percent) at 13,096.31.

The broad-market S&P 500 slipped 1.73 points (0.12 percent) at 1,418.10 while the tech-rich Nasdaq Composite shed 4.25 points (0.14 percent) at 2,985.91.

Washington has until the end of the month to reach a compromise on how to avert a crisis that could lead to steep tax hikes and stringent budget cuts. But with the clock ticking, a deal has yet to take shape.

Experts say a fall over the so-called "fiscal cliff" could take the world's biggest economy back into recession.

Still, markets appeared to be bolstered by word that the House of Representatives would reconvene on Sunday, raising hopes of an 11th-hour compromise.

President Barack Obama cut short his family Christmas break in Hawaii and returned to the capital, and the Senate was also in session Thursday.

"News that the House will reconvene for a session Sunday night propelled stocks to end well off the lows of the day, erasing an earlier double-digit loss on the Dow that came courtesy of discouraging remarks from Senator Harry Reid and a fall in Consumer Confidence," said analysts with Charles Schwab & Co.

Traders were also digesting a sharp drop in consumer confidence in December, traditionally a key driver of the US economy.

In its monthly survey, the Conference Board said the index now stands at 65.1, compared to the downwardly revised 71.5 in November.

Stocks in focus included US auto giant Ford, which said Thursday it would invest $773 million to expand factories across its home state of Michigan, generating 2,350 new jobs, part of a plan to add 12,000 jobs by 2015. It fell 0.23 percent.

Microsoft edged 0.4 percent higher after announcing it would open six new stores in the United States in 2013.

US-listed shares of Toyota Motor Corporation climbed 2.4 percent. The Japanese automaker said Wednesday that it had agreed to pay about $1.1 billion to settle a class action lawsuit launched by US vehicle owners affected by a series of mass recalls.

Marvell Technology Group dropped 3.5 percent after a jury on Wednesday hit it with a billion-dollar verdict, ruling that the US chip maker "willfully" infringed on patents held by Carnegie Mellon University.

Bond prices rose. The 10-year US Treasury yield fell to 1.72 percent from 1.76 percent late Wednesday, while the 30-year slipped to 2.9 percent from 2.93 percent. Bond prices and yields move inversely.

-AFP/ac



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TV









updated 9:03 AM EST, Thu December 20, 2012










Earlier this month, we asked CNN readers to vote for their favorite TV shows of 2012. To make narrowing it down a little bit easier, we divided up a long list of contenders into three categories: comedies, dramas and reality series. Here's how you voted:


















Readers' favorites: Top 15 TV shows of 2012


Comedies: No. 5: 'How I Met Your Mother'


No. 4: 'The Daily Show with Jon Stewart'


No. 3: 'New Girl'


No. 2: 'Modern Family'


No. 1: 'The Big Bang Theory'


Dramas: No. 5: 'Castle'


No. 4: 'Homeland'


No. 3: 'Game of Thrones'


No. 2: 'NCIS'


No. 1: 'The Walking Dead'


Reality series: No. 5: 'Survivor'


No. 4: 'Dancing with the Stars'


No. 3: 'Pawn Stars'


No. 2: 'The Amazing Race'


No. 1: 'The Voice'





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