Wednesday, July 22, 2009

Leader rejects Iran vice president appointment





TEHRAN, Iran – President Mahmoud Ahmadinejad is sticking by his controversial appointment for first vice president in an unusual defiance of a reported order from the supreme leader for his removal.

Ahmadinejad says he wants time to explain his decision to appoint Esfandiar Rahim Mashai to the post. In a speech Wednesday, Ahmadinejad has praised Mashai as an "honest and pious man," according to the state news agency IRNA.

Supreme Leader Ayatollah Ali Khamenei ordered the president to remove Mashai, semiofficial media have reported. Mashai's appointment last week angered the hard-line base because of his past pro-Israel comments.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

TEHRAN, Iran (AP) — Iran's supreme leader handed a humiliation to the president, ordering him to dismiss his choice for top deputy after the appointment drew sharp condemnation from their hard-line base, media reported Wednesday.

The move by Supreme Leader Ayatollah Ali Khamenei appeared to show his need to keep hard-liners' support even at the cost of angering the president, a close ally — at a time when Khamenei is facing unprecedented opposition after the disputed June 12 election.

President Mahmoud Ahmadinejad's appointment for his top vice president sparked a deep split within the hard-line camp to which he belongs. A chorus of ultra-conservative clerics and politicians denounced his choice, Esfandiar Rahim Mashai, while Ahmadinejad had strongly defended the appointment.

Mashai is a relative by marriage to Ahmadinejad — his daughter is married to the president's son. Mashai angered hard-liners in 2008 when he said Iranians were "friends of all people in the world — even Israelis." He was serving as vice president in charge of tourism and cultural heritage at the time.

Iran has 12 vice presidents, but the first vice president is the most important because he succeeds the president if he dies, is incapacitated, steps down or is removed. The first vice president also leads Cabinet meetings in the absence of the president.

After days of controversy, Khamenei ruled. "The view of the exalted leader on the removal of Mashai from the post of vice president has been given to Ahmadinejad in writing," the semiofficial Fars news agency reported Wednesday.

It was an expansion of the already broad powers of Khamenei, who has the ultimate say in state affairs in Iran. The supreme leader is believed to informally weigh in on senior government appointments behind the scenes. But he does not have a formal role in approving appointments and it is extremely rare for him to order an official's removal.

In the election dispute, Khamenei strongly supported the president, who is seen as his protege, declaring valid the results that showed Ahmadinejad's re-election. Opposition leader Mir Hossein Mousavi claims he won the election and Ahmadinejad's victory is fraudulent, and hundreds of thousands of supporters marched in the street in the weeks after the election.

A fierce crackdown suppressed the massive street protests. But the opposition continues to press its claims that Ahmadinejad's government is illegitimate. More importantly, the clerical leadership that Khamenei in theory leads has been split, with many moderate clerics angered by the handling of the election crisis or outright supportive of Mousavi.

That has made Khamenei more reliant on hard-line clerics for support.

It was not immediately clear if Ahmadinejad would cave in to Khamenei's order.

Ali Akbar Javanfekr, top media adviser to Ahmadinejad, said on Tuesday that the president won't change his mind over the controversy. But it was unclear if his comments came before or after the supreme leader's order.

"The president makes his decisions ... within the framework of his legal powers and on the basis of investigations carried out. Experience has proved that creating baseless controversies won't influence the president's decision," Javanfekr said in his blog.

Nearly the same time as Khamenei was issuing his order late Tuesday, Ahmadinejad vowed to keep Mashai.

"Mr. Mashai is a supporter of the position of the supreme leader and a pious, caring, honest and creative caretaker for Iran ... Why should he resign?" the official IRNA news agency quoted Ahmadinejad as saying. "Mashai has been appointed as first vice president and continues his activities in the government."

The deputy speaker of the parliament, Mohammad Hasan Aboutorabi-Fard, meanwhile, said that Mashai's dismissal was a decision by the ruling system itself, according to the semiofficial ISNA news.

"Removing Mashai from key posts and the position of vice president is a strategic decision of the system ... Dismissal or resignation of Mashai needs to be announced by the president without any delay," ISNA quoted him as saying late Tuesday.

Iran's state television didn't report Ahmadinejad's comments supporting his deputy. A conservative Web site said TV officials had orders from higher officials not to do so.

In his first term, Ahmadinejad had several tussles with his own hard-line camp over appointments, some of whom were seen as not qualified for their posts. In most cases, Khamenei stayed on the sidelines of those disputes.

Last year, the supreme leader rebuked Mashai, calling his Israel comments "illogical," but he also demanded that the flap over the comments be put the rest and expressed support for Ahmadinejad. Mashai remained in his position.

Mashai also angered many of Iran's top clerics in 2007 when he attended a ceremony in Turkey where women performed a traditional dance. Conservative interpretations of Islam prohibit women from dancing.

He ran into trouble again in 2008 when he hosted a ceremony in Tehran in which several women played tambourines and another one carried the Quran to a podium to recite verses from the Muslim holy book.

Obama may have to wait for health care passage





WASHINGTON – Conservative House Democrats signaled on Wednesday that Congress is far from fulfilling President Barack Obama's goal of overhauling health care, just hours before the president planned another televised appeal to lawmakers to get the job done.

"We are making progress; however, we have a long way to go," Rep. Mike Ross, D-Ark., chairman of the Blue Dog health care task force, said in a statement. He said they would continue to work with the administration and Democratic leaders toward legislation they can ultimately support.

Obama's ambitious timetable of votes in the House and Senate before Congress' August recess is slipping as moderate and conservative Democrats — the so-called Blue Dogs — demanded additional cost savings.

First-term lawmakers upset with proposed tax increases and objections from members of the rank-and-file opposed to allowing the government to sell health insurance in competition with private industry also slowed the president's top domestic priority.

After more than a week of tirelessly pressuring Congress to move, Obama may have to settle for a fallback strategy on overhauling health care. The best Democrats may be able to hope for this summer is action by the full House by the end of the month and some sort of agreement on a bipartisan plan in the Senate before lawmakers head home for vacation.

Not only are Republicans honing their opposition, but some Democrats in both chambers are voicing doubts about moving such complex and costly legislation too quickly.

"No one wants to tell the speaker (Nancy Pelosi) that she's moving too fast and they damn sure don't want to tell the president," Rep. Charles Rangel, D-N.Y., a key committee chairman, told a fellow lawmaker as the two walked into a closed-door meeting Tuesday. The remark was overheard by reporters.

Obama has scheduled a prime-time news conference Wednesday, expected to focus on health care. The issue is turning into a major test of his leadership. One Republican senator says if the party can stop Obama on health care, it will break him.

In an interview with CBS News on Tuesday, the president insisted on action by lawmakers, even as he conceded some of the criticism was valid. Referring to objections from a group of conservative Democrats in the House, Obama said, "I think, rightly, a number of these so called Blue Dog Democrats — more conservative Democrats — were concerned that not enough had been done on reducing costs."

Obama said those issues can be addressed as the legislation keeps moving forward. Congress has already spent years studying and debating the problems in the health care system, he said.

Meanwhile, a conservative South Carolina Republican, Sen. Jim DeMint, refused Wednesday to back away from his earlier assertion that the health care overhaul will prove to be Obama's "Waterloo."

Appearing on NBC's "Today" show Wednesday, DeMint was asked if he stood by that statement. He replied, "It's not personal. But we've got to stop his policies. The policies are not matching up to the promises. They're loading trillions of dollars of debt on to the American people."

Given the struggle, the polls show slippage for Obama, although he remains popular.

Fifty percent of Americans approve of Obama's handling of health care, just slightly lower than his rating in April, according to The Associated Press-GfK poll released Tuesday. However, the number who disapprove jumped from 28 percent in April to 43 percent, with Obama losing support from independents.

With health care ranking as the top concern, 56 percent think Obama can implement a national health care plan in the next four years, but that's down from 63 percent before his January inauguration.

The AP-GfK Poll, conducted July 16-20 by GfK Roper Public Affairs & Media, interviewed 1,006 adults nationwide. The survey had a margin of sampling error of plus or minus 3.1 percentage points.

Pelosi, D-Calif., vowed weeks ago that the House would vote by the end of July on legislation to meet two goals established by Obama. The president wants to extend health coverage to the tens of millions who now lack it, and at the same time restrain the growth in health care costs far into the future. The upfront costs, however, could reach $1 trillion to $1.5 trillion over 10 years.

The president also has vowed that the legislation will not swell the deficit, although a senior administration official told reporters Tuesday that the pledge does not apply to an estimated $245 billion to increase fees for doctors serving Medicare patients over the next decade.

Peter Orszag, the White House budget director, said that was because the administration always assumed the money would be spent to avert a scheduled cut of 21 percent in doctor's fees.

At the White House, Obama and moderate and conservative Democrats verbally agreed on a council of experts to find savings in Medicare, coupled with a mechanism to force Congress to act on the recommendations. The cost curbs may help woo some of the conservatives.

In the Senate, a small, bipartisan group of lawmakers on the Senate Finance Committee met behind closed doors, pursuing an elusive agreement. The negotiations, led by Sen. Max Baucus, D-Mont., have taken on new urgency. But it's unclear whether they will produce a breakthrough — or peter out in frustration.

___

Associated Press writers David Espo, Erica Werner, Charles Babington, Trevor Tompson and Ben Feller contributed to this report.

Monday, July 13, 2009

Allies' stance cited in US gays-in-military debate


NEW YORK – When it comes to dealing with gay personnel in the ranks, the contrasts are stark among some of the world's proudest, toughest militaries — and these differing approaches are invoked by both sides as Americans renew debate over the Pentagon's "don't ask, don't tell" policy.

In the United States, more than 12,000 service members — including dozens of highly trained Arabic linguists — have been dismissed since 1994 because it became known they were gay. Current targets for discharge include a West Point graduate and Iraq war veteran, Army National Guard Lt. Dan Choi, and a veteran of combat missions over Iraq and Afghanistan, Air Force Lt. Col. Victor Fehrenbach.

In Britain, on the other hand, gay and lesbian service members marched in crisp uniforms in the annual Pride London parade July 4. Gay Australian soldiers and sailors had their own float in Sydney's Gay Mardi Gras parade. In Israel, the army magazine earlier this year featured two male soldiers on the cover, hugging one another.

America's "don't ask, don't tell" policy — which prohibits gays from serving openly in the armed forces — is the target of intensifying opposition, and President Barack Obama says he favors lifting the ban. But he wants to win over skeptics in Congress and the Pentagon, and a fierce debate lies ahead that will inevitably touch on the experiences of allied nations that have no bans.

U.S. Rep. Patrick Murphy, the first Iraq war veteran elected to Congress, has just launched a campaign for a bill to repeal "don't ask, don't tell." He observed British troops in Iraq operating smoothly with a serve-openly policy and bristles at the contention that America's armed forces would suffer morale and recruiting problems if they followed suit.

"I take it as a personal affront to our warriors," said the Pennsylvania Democrat. "To say that other countries' soldiers are professional enough to handle this and American soldiers aren't is really a slap in the face."

Those seeking to preserve the U.S. ban question whether the allies' experiences have been as smooth as advertised and depict America's military as so unique that lessons from overseas should be ignored anyway.

"We are the military leaders in the world — everybody wants to be like us," said Brian Jones, a retired sergeant major who served in the Army Rangers. "Why in the world would we try to adjust our military model to be like them?"

With such polarized views as a backdrop, Associated Press reporters took an in-depth look at how the militaries of Israel, Britain and Australia have managed with serve-openly policies, and interviewed partisans on both sides of the debate in the United States about the relevance of those experiences.

___

Israel:

A nation in a constant state of combat readiness, Israel has had no restrictions on military service by gays since 1993 — a policy now considered thoroughly uncontroversial.

Gays were permitted to serve even before then, but not in certain intelligence positions where, at the time, they were deemed possible security risks vulnerable to blackmail. Now, gays and lesbians — among them several senior officers — serve in all branches of the military, including combat duty.

"In this regard, Israel has one of the most liberal armies in the world," said Yagil Levy, a sociologist from the Open University of Israel.

The army recognizes the partners of gay officers as their bereaved next-of-kin after their deaths, eligible for benefits. Gay officers at promotions and other ceremonies often have their partners by their sides.

Maj. Yoni Schoenfeld, a gay officer who is the editor of the military magazine, Bamahane, said there was very little friction in the ranks related to gay soldiers.

He served as a combat soldier and as commander of a paratrooper company, and said his sexual orientation — though known to fellow soldiers — was never an issue. Gay jokes would sometimes surface, unusually not malicious, he said, while receptiveness to gays in combat units could vary.

"If you're gay and live in the 'manly' world, there are no problems," he said. "Those who are more feminine in their speech and appearance have a harder time fitting in."

He sympathized with gays in the U.S. military who don't enjoy the same liberty he did.

"There shouldn't be a problem with it," he said. "It's the nature of man, and when you allow it to happen (serving openly), it's not a problem anymore."

Schoenfeld's magazine has reflected the evolving attitudes. In 2001, it was shut down briefly after featuring an interview with a retired colonel who had come out of the closet. Yet this year, there was no adverse reaction to the cover picture of two male soldiers embracing.

A gay magazine, meanwhile, named a major as its "man of a year" a few years ago; he continues to serve without harm to his career.

The military also provided the backdrop for Israel's precursor to "Brokeback Mountain" — the 2002 movie "Yossi & Jagger" about two Israeli combat soldiers who fall in love on the front lines. It was a hit with critics and the public, and was even screened on military bases.

___

Australia:

Back in 1992, Anita Van Der Meer was threatened with discharge from the Australian navy for being a lesbian. She denied the charge to save her job — and later that year the military's ban on gays and lesbians was lifted.

This spring, Van Der Meer marched proudly with more than 100 other service members in Sydney's annual Gay and Lesbian Mardi Gras Parade under an Australian Defense Force banner. Even a general joined the march.

Now a chief petty officer, Van Der Meer was a junior sailor in 1992 when someone reported she was engaged in a same-sex relationship.

"It was very traumatic for me, but I still had the cooperation of my supervisors and my peers," said Van Der Meer, 41. "In the end, I had more support than I expected."

Chief Petty Officer Stuart O'Brien, who joined the navy 19 years ago, said being openly gay has not been an issue, even when working alongside U.S. military personnel in Baghdad in 2006.

"They valued the work that I did and that's all that it comes down to at the end of the day," O'Brien said. "Sexuality has nothing to do with anything any more within the services."

The lifting of the ban on gays was preceded by years of heated debate, yet the change itself was relatively uneventful aside from a few unexpected coming-outs of high-profile commanders.

"Everyone said, 'Good heavens, that's a bit of a surprise' and after five minutes the conversation reverted back to football," said Neil James of the Australian Defense Association, a security think tank. "After a while it was met with a collective yawn."

Among opponents of the change at the time was Australia's main veterans group, the Returned and Services League, which has now withdrawn its objections.

The league's president, retired Maj. Gen. Bill Crews, said concerns about lowered morale and HIV transmission on the battlefield had proved ill-founded.

"I was there in the early days of it. ... I thought there'd be a continuing problem because of prejudice that exists in parts of the community," Crews said. "I don't see any evidence now that homosexuals are in any way discriminated against. ...A homosexual can be just as effective a soldier as a heterosexual."

Some skepticism lingers, however.

Brig. Jim Wallace, who commanded an elite Special Air Service mechanized brigade until retiring in 2000, argues that gays and women should be barred from combat roles.

"Do you want an army which is already likely to be outnumbered wherever it fights to be fighting at its most effective or its least effective?" Wallace asks. "If you want to sacrifice fighting effectiveness for political correctness, then all right, go ahead."

He referred to the traditional 10-soldier units commonly deployed in Australian combat forces.

"Now if you introduce into that 10 men a love or lust relationship, you immediately damage the phenomenon of mateship," he said. "There is some discrimination that has to be done to maintain the effectiveness of society or the effectiveness of fighting units."

___

Britain:

British policymakers had been wrestling for years with whether to scrap a long-standing ban on gays in the military — but the pivotal decision was made abroad, by the European Court of Human Rights in Strasbourg, France.

The court ruled in 1999 that Britain had violated the rights of four former service members who were dismissed from the military for being gay and lesbian.

King's College professor Christopher Dandeker said there had been significant opposition to the change among military officers. There were predictions — not borne out — that unit cohesion would suffer and that large numbers of personnel would leave the military if gays could serve.

Once the ban was lifted, Dandeker said, the opposition dwindled, and the government of Prime Minister Tony Blair embraced the chance to be seen as a beacon of tolerance.

Lord Alan West, former head of the Royal Navy and now Britain's terrorism minister, served before and after the ban was lifted.

"It's much better where we are now," West said in an interview at the House of Lords. "For countries that don't do that — I don't believe it's got anything to do with how efficient or capable their forces will be. It's to do with other prejudices, I'm afraid."

As for Britain's trans-Atlantic ally: "I think the Americans really need to make the move," West said.

Peter Tatchell, a London-based gay-rights activist often critical of the government, praises the military's handling of the change.

"Since the ban has been lifted, there hasn't been a word of complaint from senior military staff," he said. "They've said that having gay and lesbian people in the services has had no damaging effect at all."

Mandy McBain joined the Royal Navy at age 19, in 1986, at the most junior rank possible. Now a lieutenant commander, she remembers what it was like to serve when being a lesbian had to be a secret.

"It's exhausting," she said. "It's quite incredible to look back and see how much time and energy I spent leading a double life."

In one past assignment, she processed the paperwork of comrades being dismissed because of their sexuality. "That," she said quietly, "I found very difficult."

Military expert Amyas Godfrey of the Royal United Services Institute, a London think tank, was serving with the British Army in Northern Ireland when the policy changed.

"I remember our commanding officer at the time called the entire battalion together and said, 'This is how it is going to be now. We are not going to discriminate. We are not going to bully. If someone in your group says that he is gay, you treat them as normal,'" Godfrey recalled.

"And that, really, was the implementation of it. For all the years I served after that, it was never an issue."

___

United States:

For those in the U.S. military community who oppose letting gays serve openly, there's a widely shared sentiment that America has nothing to learn from the roughly two-dozen nations that have no bans.

"Who's the only superpower military out there?" argued Maj. Brian Maue, a professor at the U.S. Air Force Academy, in a debate in June at the McCormick Freedom Museum in Chicago. "This is hardly convincing to say, 'Ah, the others are doing it. We should too.'"

Maue — who says he's been speaking out on his own, not as a military spokesman — suggests that repeal of "don't ask, don't tell" would prompt straight service members to complain of privacy violations and "dignity infractions."

"An openly gay military would be the heterosexual equivalent to forcing women to constantly share bathrooms, locker rooms and bedrooms with men," he wrote in a New York Times online forum.

Retired Army Lt. Col. Robert Maginnis, another supporter of the ban, contends that some field commanders in nations that allow gays to serve openly have resorted to "tacit discrimination" — excluding them from front-line units for fear that problems would surface in rugged, close-quarters living conditions.

Maginnis also cited America's multiple overseas missions.

"You have a large part of the world with no tolerance for open homosexuality, and if we were to deploy there, it would be a serious problem," he said.

Repealing the ban would trigger the departure of some career service members who object to homosexuality and deter some people from enlisting, said Maginnis. "It doesn't matter what general population thinks — it's what the young people who have a propensity to enlist think."

Prominent advocates of open service for gays and lesbians acknowledge there would be some hitches, but predict the overall change would be smooth and professional.

"There's been very little trouble in the nations that lifted their ban on gays," said professor David Segal, director of the University of Maryland's Center for Research on Military Organization. "My guess is there will be slightly more in the U.S. — we have a somewhat higher level of intolerance."

However, Segal doubted the change would spur a large exodus from the military or hamper recruitment.

"There will be some gay bashing at the unit level, and that will be a problem in the short run for NCOs and junior officers," he said. "But they will deal with it, just as they dealt with racial integration and gender integration."

Nathaniel Frank, a research fellow at the University of California, Santa Barbara's Palm Center and author of a book on "don't ask, don't tell," says his studies of allied nations suggest that lifting the ban in the U.S. would not impair overall military effectiveness.

"There will be some forms of de facto discrimination and prejudice — a policy change is not going to wipe that out of people's hearts and minds overnight," he said. "But more and more people in the military are seeing it doesn't serve them to have this policy in place."

There's no question, Frank said, that the U.S. military is unique — the most powerful in the world. But he said it should be embarrassing that "our allies can tell the truth about gay soldiers and the U.S. stands with China, Iran, North Korea among the nations that can't."

The key to a smooth transition, Frank added, is emphatic direction from top commanders and the adoption of a code of conduct that would deter disciplinary problems by spelling out unacceptable behavior.

Dan Choi, the gay lieutenant facing dismissal from the Army, says the current "don't ask" policy is disruptive — forcing the gays who are serving to be furtive and dishonest.

"Closeting is what causes instability," he said. "It's the most toxic poison."

As for the U.S. being different from its allies, Choi agrees.

"We are exceptional — because we take the lead on things," he said. "To me, it's an insult to the idea of American exceptionalism to say we're somehow scared of gays."

___

Contributing to this report were Associated Press writers Danica Kirka and Jennifer Quinn in London, Rod McGuirk in Canberra, Australia, and Aron Heller in Jerusalem.

Officials: CIA program targeted al-Qaida leaders


By PAMELA HESS, Associated Press Writer

WASHINGTON – Government officials say the secret intelligence program canceled by CIA Director Leon Panetta in June was meant to find and kill or capture al-Qaida leaders at close range rather than target them with air strikes.

The officials, who spoke on condition of anonymity because they were not authorized to speak about the program, said the spy agency was never able to pull it off.

Panetta canceled the effort on June 23 after learning of its existence, its failure to yield results, and the fact that Congress was not told about it after its inception in 2001. The U.S. has primarily relied on airstrikes from airborne drones, but the attacks have sometimes killed civilians.

The order to lethally target al-Qaida leaders was authorized by President Bush shortly after the Sept. 11 terrorist attacks, the officials said.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

WASHINGTON (AP) — President Barack Obama has been reluctant to probe Bush-era torture and anti-terrorism policies, but his Democratic allies aren't likely to let the matters rest.

"I've always preferred my idea of a commission of inquiry to look at all these issues," Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., said Sunday.

Dianne Feinstein, D-Calif., head of the intelligence committee, suggested that the George W. Bush administration broke the law by concealing a CIA counterterrorism program from Congress.

The Wall Street Journal, anonymously citing former intelligence officials, reported Monday the secret program was a plan to kill or capture al-Qaida operatives.

The Journal's sources said the plan, which was halted by CIA Director Leon Panetta, was an attempt to carry out a presidential finding authorized in 2001 by President George W. Bush.

The Journal said the agency spent money on planning and maybe some training, but it never became fully operational. The plan was highly classified and the CIA has refused to comment on it.

The assertion that Vice President Dick Cheney ordered the program kept secret from Congress came amid word that Attorney General Eric Holder is contemplating opening a criminal probe of possible CIA torture.

A move to appoint a criminal prosecutor is certain to stir partisan bickering that could prove a distraction to Obama's efforts to push ambitious health care and energy reform.

Obama has resisted an effort by congressional Democrats to establish a "truth commission," saying the nation should be "looking forward and not backwards."

Regarding the 8-year-old counterterrorism program, Feinstein said the Bush administration's failure to notify Congress "is a big problem, because the law is very clear."

Congress should investigate the secrecy because "it could be illegal," Democratic Sen. Dick Durbin, D-Ill., said.

According to Feinstein, Panetta told Congress late last month that "he had just learned about the program, described it to us, indicated that he had canceled it and ... did tell us that he was told that the vice president had ordered that the program not be briefed to the Congress."

"We were kept in the dark. That's something that should never, ever happen again," said Feinstein.

Sen. John Cornyn, R-Texas, said he agreed with Feinstein that the CIA should keep Congress informed. But Cornyn said the new assertion "looks to me suspiciously like an attempt to provide political cover" to House Speaker Nancy Pelosi and other Democrats. Pelosi has accused the CIA of lying to her in 2002 about its use of waterboarding, or simulated drowning, which many people, including Obama, consider torture.

"This continued attack on the CIA and our intelligence gathering organizations is undermining the morale and capacity of those organizations to gather intelligence," said Republican Sen. Judd Gregg of New Hampshire.

Reports about the counterterrorism program, Cheney's role in directing its existence be kept from Congress and the attorney general's consideration of a special prosecutor came on the eve of Senate Judiciary Committee hearings for Supreme Court nominee Sonia Sotomayor.

A Justice Department official told The Associated Press that Holder will decide in the next few weeks whether to appoint a prosecutor to investigate the Bush administration's harsh interrogation practices. The official spoke on the condition of anonymity because he was not authorized to speak on a pending matter.

In response to the report, Justice Department spokesman Matt Miller said Saturday that Holder planned to "follow the facts and the law" and noted that Holder has said that "it would be unfair to prosecute any official who acted in good faith based on legal guidance from the Justice Department."

Feinstein and Cornyn spoke on "Fox News Sunday." Durbin appeared on ABC's "This Week." Gregg spoke on CNN's "State of the Union." Leahy spoke on CBS' "Face the Nation."

Obama chooses Ala doctor as next surgeon general




WASHINGTON – President Barack Obama turned to the Deep South for the next surgeon general, choosing a rural Alabama family physician who made headlines with fierce determination to rebuild her nonprofit medical clinic in the wake of Hurricane Katrina.

Dr. Regina Benjamin is known along Alabama's impoverished Gulf Coast as a country doctor who makes house calls and doesn't turn away patients who can't pay — even as she's had to find the money to rebuild a clinic repeatedly destroyed by hurricanes and once even fire.

"For all the tremendous obstacles that she has overcome, Regina Benjamin also represents what's best about health care in America, doctors and nurses who give and care and sacrifice for the sake of their patients," Obama said Monday in introducing his choice for a job known as America's doctor.

He said Benjamin will bring insight as his administration struggles to revamp the health care system:

Saying she "has seen in a very personal way what is broken about our health care system," Obama said Benjamin will bring important insight as his administration tries to revamp that system.

Benjamin called the job "a physician's dream," and pledged to be a voice for patients in need — and to fight the preventable diseases that claim too many lives each year, including nearly her entire family.

Her father died with diabetes and high blood pressure, her only brother of HIV, her mother of lung cancer "because as a young girl, she wanted to smoke just like her twin brother could" — an uncle now on oxygen as a result, she noted.

"I cannot change my family's past. I can be a voice in the movement to improve our nation's health care and our nation's health," Benjamin said. "I want to be sure that no one falls through the cracks as we improve our health care system."

The surgeon general is the people's health advocate, a bully pulpit position that can be tremendously effective with a forceful personality. Benjamin has that reputation.

Pushed by the need in her own shrimping community of Bayou La Batre, Ala., and its diverse patient mix — white, black and, increasingly immigrants from Vietnam, Cambodia and Laos — Benjamin, 51, has emerged as a national leader in the call to improve health disparities. She became the first black woman and the first doctor under age 40 elected to the American Medical Association's board of trustees, and in 2002 became the first black woman to head a state medical society.

"She's always been very ambitious from a political standpoint. She has always, always been motivated by that ambition," said Dr. James Holland, CEO of Mostellar Medical Center in nearby Irvington, Ala., where Benjamin spent about three years in the early 1980s as a National Health Service Corps scholar.

Holland said Benjamin's selection as surgeon general "doesn't surprise me at all. The only thing that surprises me is that it hasn't happened before now."

Medical groups welcomed her ability for straight-talk, whether to patients or politicians, about the dire health needs of much of the country.

"We want to emphasize prevention, primary care and early intervention, and we have somebody now who does that for a living," said Dr. Georges Benjamin, no relation, of the American Public Health Association.

Added AMA President Dr. James Rohack, who has known Benjamin for more than two decades. With "her recognition that if you don't have health insurance, you live sicker and you die younger, she can bring the real-world perspective as surgeon general of the things as a nation we need to do to keep ourselves healthy."

Benjamin made headlines in the wake of Katrina, as photographs showed her laying patient charts out to bake in the sun and lamenting the lack of pricey but more hurricane-resistant electronic records. Her nonprofit clinic was rebuilt by volunteers only to burn down just as it was about to reopen. Benjamin later told of her patients' desperation that she rebuild again, recalling on woman who handed her an envelope with a $7 donation to help.

"If she can find $7, I can figure out the rest," Benjamin said last fall as she received a $500,000 MacArthur Foundation "genius award," money she said she'd use to help finish that job.

Her nomination for surgeon general requires Senate confirmation.

Sotomayor Hearing Gets Under Way


By MARK SHERMAN and DAVID ESPO, AP
Senate Democrats praised Sonia Sotomayor as a Hispanic pioneer well qualified for the Supreme Court on Monday, but Republicans questioned her impartiality and President Barack Obama's views as well at the start of confirmation hearings.
Despite Republican misgivings, Sen. Lindsey Graham, R-S.C., told Sotomayor, "Unless you have a complete meltdown, you're going to get confirmed.

Rafael Suanesl, MCT
Supreme Court nominee Sonia Sotomayor appears before the Senate Judiciary Committee on Monday in Washington, D.C.

"And I don't think you will" have a meltdown, he added quickly as Sotomayor sat listening, her face in a half-smile.
Graham spoke after Sen. Patrick Leahy, D-Vt., chairman of the Senate Judiciary Committee, praised Sotomayor in remarks that opened the proceedings in a packed Senate hearing room. "She's been a judge for all Americans. She'll be a justice for all Americans," he said.
Leahy likened Sotomayor to other judicial pioneers, citing Thurgood Marshall, the first black justice on the high court, as well as Louis Brandeis, the first Jew, and Sandra Day O'Connor, the first woman.
"Let no one demean this extraordinary woman," Leahy said in a warning to committee Republicans to tread lightly in the days ahead.
Sen. Jeff Sessions of Alabama, the senior Republican, vowed a "respectful tone" and "maybe some disagreements" when lawmakers begin questioning Sotomayor on Tuesday.
Moments later, he took aim at Sotomayor's 2001 statement that her standing as a "wise Latina woman" would sometimes allow her to reach a better decision than a white male.
"I will not vote for, and no senator should vote for an individual nominated by any president who believes it is acceptable for a judge to allow their own personal background, gender, prejudices or sympathies to sway their decision," he said.
"Call it empathy, call it prejudice or call it sympathy, but whatever it is, it's not law," Sessions said. "In truth, it's more akin to politics, and politics has no place in the courtroom."
That was a reference to Obama's declaration — made before he named Sotomayor — that he wanted a person of empathy on the high court.
Sen. Sheldon Whitehouse, D-R.I., made a spirited rebuttal later in the morning. "The empathy that President Obama saw in you has a constitutionally proper place" in the judiciary," he said.
Obama named Sotomayor, 55 and a child of the South Bronx, to replace retiring Justice David Souter.
While Souter was appointed by President George H.W. Bush, a Republican, he became a reliable member of the court's liberal faction.
If confirmed, Sotomayor is not expected to alter the court's balance on controversial issues such as abortion and affirmative action.
Sotomayor, who has served 17 years as a federal judge, including 11 on the appeals court, listened silently from her seat at the witness table a few feet away as the members of the Senate Judiciary Committee made introductory remarks.
Her turn to speak came next, to be followed by two or three days of questioning from the panel that will cast the first votes on her appointment.
Leahy and Sessions escorted Sotomayor to her seat before the hearing began into the first Supreme Court nominee by a Democratic president in 15 years.
Outside, a small group of anti-abortion protesters opposed to her confirmation unfurled a banner that said, "Senators: Stop the Slaughter! Filibuster Sotomayor." It was unclear whether Sotomayor saw them.
Less than an hour into the hearing, one anti-abortion protester began shouting inside the room, and was quickly hustled away.
From its opening moments, the hearing was drenched in racial politics.
"The Hispanic element of this hearing is important, but ... this is mostly about liberal and conservative politics more than it is about anything else," said Graham.
In the Senate as a whole, there was no talk of a filibuster, under which Republicans would attempt to block a vote on her nomination. Instead, barring a gaffe of major proportions, as Graham said, Sotomayor seemed on her way to confirmation even before Leahy rapped the opening gavel.
Graham hinted that he would vote to confirm Sotomayor, but he was the only Republican to sound so inclined.
And even he joined other GOP lawmakers in questioning her ability to serve as an impartial justice.
Said Jon Kyl, R-Ariz.: "From what she has said, she appears to believe that her role is not constrained to objectively decide who wins based on the weight of the law but who, in her opinion, should win."
"The factors that will influence her decisions apparently include her gender and Latina heritage and foreign legal concepts that get her creative juices going." he added.
Sen. Orrin Hatch, R-Utah, broadened that line of skepticism to include Obama. He noted that as a senator, the president opposed Janice Rogers Brown, an African-American appointee to the appeals court by President George W. Bush.
"He argued that the test of a qualified judicial nominee is whether she can set aside her personal views" and decide cases on their merits, Hatch said.
He also said Obama noted at the time that while a nominee's gender, race and life story "are important, they cannot distract from the focus on the kind of judge she will be."
Hatch added, "But today, President Obama says that personal empathy is an essential ingredient in judicial decisions."
In the nearly seven weeks since Sotomayor's nomination, critics have labored without much success to exploit weaknesses in her record.
Even as they try, Republican senators also must take care to avoid offending Hispanic voters, the fastest-growing segment of the electorate by attacking Sotomayor too harshly.
Still, Republicans signaled that they will press her to explain past rulings involving discrimination complaints and gun rights, as well as remarks that they say raise doubts about her ability to judge cases fairly.
The most fertile ground for Republican questioning appears to be on race and ethnicity, focused on Sotomayor's "wise Latina" comment and a ruling on white firefighters from New Haven, Conn., who won their Supreme Court case last month.
By a 5-4 vote last month, the high court agreed with the firefighters, who claimed they were denied promotions on account of their race after New Haven officials threw out test results because too few minorities did well. The court reversed a decision by a New York appeals court panel that included Sotomayor.
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LaToya Jackson: Michael Was 'Murdered'

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LaToya Jackson
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Speaking out for the first time, the grieving sister of Michael Jackson says she thinks "a shadowy entourage" led to the death of her brother, accusing them of "murdering" him.
Speaking with Britain's Daily Mail, LaToya Jackson -- who signed the King of Pop's death certificate -- says that Michael was an isolated figure, making him easy prey for greedy associates. She accuses these people, whether it be doctors, handlers or assistants, of feeding Jackson drugs to control his moods in order to get what they want.
"I believe Michael was murdered, I felt that from the start. Not just one person was involved, rather it was a conspiracy of people. He was surrounded by a bad circle. Michael was a very meek, quiet, loving person. People took advantage of that. People fought to be close to him, people who weren’t always on his side," LaToya said.
LaToya then said that she predicted her brother's demise "Less than a month ago."
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"'He’s never going to make it to London. He was worth more dead than alive," LaToya said she told fellow Jackson family members,
"I said I thought Michael was going to die before the London shows because he was surrounded by people who didn’t have his best interests at heart. Michael was worth more than a billion dollars. When anyone is worth that much money, there are always greedy people around them."
LaToya continues, saying that in the final months, her brother "was isolated from his family. He had no real friends. He was the loneliest man in the world. I knew something terrible was going to happen."
She also takes on the speculation as to what role Jackson's doctor, Conrad Murray, played in the King of Pop's final hours.
LaToya says Murray "disappeared" from the hospital after she began peppering him with questions about her brother's health. She says that Jackson was found in Murray's bedroom in the rental house, and that oxygen canisters and IV bags lined the walls.

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Jackson says that Murray "mumbled a bunch of nothing" as she grilled him with questions. "He said something like, 'Michael didn’t make it, I’m sorry.' It wasn’t right. It felt weird."
LaToya also goes on to retell just exactly how her life changed when she got the frantic phone call about her brother.
"I was at home when I received the news that Michael had been rushed to the hospital. I live about three minutes away from Michael in Beverly Hills," LaToya said.
"Finally, I heard Mother in the background asking, 'Who is that?' When she learned it was me, she screamed, 'Why don’t you just tell her?' and she grabbed the phone and just screamed as loud as she could, "He's dead!'"
Jackson says she "nearly crashed my car. My legs went weak. I couldn’t press down on the gas pedal. I got to the wrong entrance at the hospital and was begging the security guys to help me and take my car because I was so weak and faint. They took me up to the area where Michael had been taken. Mother was crying and Michael’s kids were crying."
LaToya says she and Jackson's three children then went to view his body.
"There was a towel over his face and I lifted it and the kids saw him and Paris said, 'Oh Daddy, I love you.' We hugged and kissed him and the children lifted up his hands. He didn't look like he was gone. His eyes were half open and he looked like he was sleeping. He wasn’t cold."
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2009-07-12 09:27:54

Saturday, July 4, 2009

SKorea says North fires 7 missiles off east coast






SEOUL, South Korea – North Korea fired seven ballistic missiles off its eastern coast Saturday, South Korea said, a violation of U.N. resolutions and an apparent message of defiance to the United States on its Independence Day.

The launches, which came two days after North Korea fired what were believed to be four short-range cruise missiles, will likely further escalate tensions in the region as the U.S. tries to muster support for tough enforcement of the latest U.N. Security Council resolution imposed on the communist regime for its May nuclear test.

South Korea's Joint Chiefs of Staff said three missiles were fired early Saturday, a fourth around noon and three more in the afternoon. The Defense Ministry said that the missiles were ballistic and are believed to have flown more than 250 miles (400 kilometers).

"Our military is fully ready to counter any North Korean threats and provocations based on strong South Korea-U.S. combined defense posture," the Joint Chiefs of Staff said in a statement.

South Korea's Yonhap news agency said the first three appeared to be Rodong missiles while the rest were an upgraded version of Scud-C missiles, citing intelligence authorities.

The Defense Ministry said it could not confirm the report, saying more analysis needs to be done.

Scud-C missiles have a range of up to 300 miles (500 kilometers), which could hit most of South Korea. The Rodong has a range of up to 800 miles (1,300 kilometers), putting most parts of Japan within striking distance. Yonhap said, however, that the range of the Rodong missiles launched Saturday had been reduced.

U.N. resolutions ban North Korea from firing Scuds, medium-range missiles or long-range missiles. Among the U.N. measures is Resolution 1874, passed after North Korea's May 25 nuclear test, that prohibits any launch using ballistic missile technology.

Thursday's missile launches, on the other hand, did not violate the resolution, according to South Korea's Foreign Ministry. Kim Tae-woo, vice president of the Korea Institute for Defense Analyses, said they were believed to be cruise missiles.

Ballistic missiles are guided during their ascent out of the atmosphere but fall freely when they descend. Cruise missiles fly low and straight to their target.

The North has a record of timing its missile tests for U.S. Independence Day, which fell on Saturday.

"The missiles were seen as part of military exercises, but North Korea also appeared to have sent a message to the U.S. through the missile launches," a senior official in South Korea's presidential office said, without elaborating.

The official told The Associated Press that North Korea could fire more missiles in coming days, but said there was little possibility it could fire an intercontinental ballistic missile, as it threatened in April.

He spoke on condition of anonymity because he was not authorized to speak to media.

Yonhap said North Korea was pulling out personnel from its missile launch site and was allowing ships to sail again in waters off its east coast — an indication no more missiles would be launched in the near future. Yonhap cited an unidentified military official.

The Defense Ministry said it could not confirm the report.

The North had initially warned ships to stay away from its east coast through July 10 for military exercises.

But the South Korea-U.S. combined forces command will not change its heightened alert level until tensions are eased, the Defense Ministry said. The command increased surveillance in May, when the North threatened military strikes on South Korean and U.S. troops.

The U.S. has 28,500 troops in South Korea as a deterrent against North Korea.

Daniel Pinkston, a Seoul-based analyst for the International Crisis Group think tank, said both political and military reasons were behind the launches.

"I think it's a demonstration of their defiance and rejection of the U.N. Security Council Resolution 1874, for one thing, and to demonstrate their military power capabilities to any potential adversaries," Pinkston said.

He also pointed out that July 4 is not only U.S. Independence Day but also the anniversary of a 1972 joint communique in which the two Koreas agreed to work toward peacefully reunifying their divided peninsula.

During the U.S. Independence Day holiday in 2006, Pyongyang fired a barrage of missiles, including a long-range Taepodong-2 that broke apart and fell into the ocean less than a minute after liftoff. Those launches, which occurred on July 5 in North Korea, also came amid tensions with the U.S. over North Korea's nuclear program.

North Korea's state news agency carried no reports on the launches.

South Korea and Japan, which are within easy range of North Korean missiles, condemned the launches as a "provocative" act that violates the U.N. resolution.

South Korea "expressed deep regret over the North's continuous behavior that escalates tensions in Northeast Asia by repeatedly defying" the resolution, the Foreign Ministry said in a statement.

In Tokyo, Chief Cabinet Secretary Takeo Kawamura said in a statement that the launch of missiles "is a serious act of provocation against the security of neighboring countries, including Japan, and is against the resolution of the U.N Security Council."

In Beijing, a Foreign Ministry spokesman said he had no immediate comment. China is the North's closest ally.

___

Associated Press writers Yuri Kageyama and Tomoko A. Hosaka in Tokyo, Henry Sanderson in Beijing, and Jae-soon Chang in Seoul contributed to this report.

Powerful sedative found in Michael Jackson's home





LOS ANGELES – Questions about Michael Jackson's use of prescription drugs are intensifying after a powerful sedative was found inside his home.

The drug Diprivan, an anesthetic widely used in operating rooms to induce unconsciousness, was found in Jackson's residence, a law enforcement official said Friday. Also known as Propofol, it's given intravenously and is very unusual to have in a private home.

The official spoke on condition of anonymity because the person was not authorized to comment about the matter.

A Los Angeles Police spokesman, Lt. John Romero, declined to discuss the case. "It's an ongoing investigation," he said.

The cause of Jackson's death has not been determined. Autopsy results are not expected for several weeks.

The city was planning for a massive crowd at the singer's memorial service. At the downtown Staples Center, where Jackson's memorial will be held Tuesday morning, Assistant Police Chief Earl Paysinger said anywhere from 250,000 to 700,000 people could try to reach the arena, even though only 17,500 tickets will be available.

City Councilwoman Jan Perry urged people to stay home and watch the memorial on TV. There will not be a funeral procession through the city.

Tickets to Jackson's memorial service will be free. They can be obtained by registering at Staplescenter.com. There will be 11,000 tickets for seats inside Staples Center and 6,500 for seats in the adjacent Nokia Theatre, where fans can watch a simulcast. On Saturday night, 8,750 names will be randomly selected to receive two tickets each.

No details about the memorial service itself were released.

Jackson was known to have suffered from severe insomnia. In the weeks before his death, Cherilyn Lee, a registered nurse who was working with the singer, said Jackson pleaded for Diprivan amid the stress of preparing for a massive series of comeback concerts.

Lee said she repeatedly rejected his demands because the drug was unsafe.

Told Friday that Diprivan had been found at Jackson's house, she said, "I did everything I could to warn him against it."

Jackson had trouble sleeping as far back as 1989, said one of his former publicists, Rob Goldstone, who spent a month on the road with Jackson during the "Bad" tour.

"He had very bad nightmares, he found it very difficult to sleep," Goldstone said.

Diprivan, which has a milky appearance, is sometimes nicknamed "milk of amnesia." Last fall, doctors from the Mayo Clinic warned at a conference that in rare cases, Diprivan can trigger an irreversible chain of events leading to heart dysfunction and death.

They said three patients receiving Diprivan to treat severe seizures had suffered cardiac arrest, and two died. The doctors said the clinic stopped using Diprivan to treat such patients because of the danger.

The drug's manufacturer, AstraZeneca PLC, warns that patients using Diprivan should be continuously monitored, and in a tiny number of cases patients using it have suffered cardiac arrest, although it was not clear the drug was to blame.

Authorities are investigating allegations that the 50-year-old Jackson had been consuming painkillers, sedatives and antidepressants. Any criminal charges would depend on whether Jackson had been overly prescribed medications, given drugs inappropriate for his needs, or if doctors knowingly prescribed Jackson medications under an assumed name.

Edward Chernoff, an attorney for Jackson's doctor, Dr. Conrad Murray, said Friday through a spokeswoman that he had agreed with investigators not to comment until information is released through official channels. Murray was in Jackson's rented mansion when the singer went into cardiac arrest in his bedroom on June 25.

Murray has spoken to police and authorities say he is not a suspect. In an earlier interview, Chernoff said Murray never gave or prescribed Jackson the painkillers Demerol or OxyContin, and denied reports suggesting that the doctor gave the pop star drugs that contributed to his death.

Chernoff would not discuss what drugs the doctor administered to Jackson, but said they would have been prescribed in response to a specific complaint.

___

AP Entertainment Writer Lynn Elber and AP Music Writer Nekesa Moody contributed to this report

On Independence Day, Liberty's crown reopens





NEW YORK – The first visitors allowed into the Statue of Liberty's crown in nearly eight years began the arduous climb Saturday on an Independence Day journey laden with symbolism of freedom and national pride.

"I feel like I was just born today," said Andrea Balfour, 38, as she prepared to ascend the 354 steps with her daughter, Mona. Mona won an essay contest to get to go up to crown Saturday — her 13th birthday.

The visit was the Staten Island pair's "biggest dream," Balfour said.

The statue was closed to the public after the Sept. 11, 2001, attacks. The base, pedestal and outdoor observation deck were reopened in 2004, but the crown remained off-limits.

The National Park Service says the crown remained closed since Sept. 11 because the narrow, double-helix staircases could not be safely evacuated in an emergency and didn't comply with fire and building codes. Tourists often suffered heat exhaustion, shortness of breath, panic attacks, claustrophobia and fear of heights, spokesman Darren Boch said.

Rep. Anthony Weiner, D-N.Y., pushed for years for the crown to be reopened, once calling the decision to close it off "a partial victory for terrorists." He said it was embarrassing that it was off-limits for so long.

The reopening "represents some personal vindication," he said Saturday. "It's nice to pat Lady Liberty's toes. It's nice to stand and breathe the air on Liberty Island, but you really haven't lived the experience until you've gone up to the crown. A lot of Americans are able to see that now."

So far, about 14,500 tickets to the crown have been sold, most of them for visits through the end of August. Tickets currently on sale are for visits in the fall and beyond. Tickets for the July Fourth weekend sold out within hours.

Marking the historic date, seven members of the U.S. armed forces were sworn in as citizens Saturday at the statue's base.

"It's the very diversity of this country that has made us strong," Secretary of the Interior Ken Salazar said.

Thirty people an hour will be allowed into the crown. They will be brought up in groups of 10, guided by park rangers along the way.

Some of the crown's 25 windows offer a view of the Manhattan skyline, no longer punctuated by the 110-story twin towers of the World Trade Center.

New handrails have been installed to help with the climb. Bags are not allowed; only cameras and cell phones are acceptable.

The statue, 305 feet tall to the tip of its raised torch, was designed to mark the 1876 centennial of the Declaration of Independence. It faces the entrance to New York Harbor, welcoming the "huddled masses yearning to breathe free," in the words of Emma Lazarus, engraved on a bronze plaque inside the statue.

The torch has been closed since it was damaged by a saboteur's bomb in 1916.

Visitors are now screened before boarding ferries and again before they can visit the museum in the base or climb to the top of the pedestal.

Jennifer Stewart won a Statue of Liberty lookalike contest to join the first group of visitors headed to the crown. The Brooklyn Heights resident, who has imitated the statue for 23 years, arrived in full costume and green makeup.

"Being able to perceive the world through her eyes, from Liberty's crown — I just feel it's so important to maintain the opportunity to literally be a part of liberty," she said.