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BEIJING (AP) ? China's first female astronaut and two other crew members emerged smiling from a capsule that returned safely to Earth on Friday from a 13-day mission to an orbiting module that is a prototype for a future space station.
The Shenzhou 9 parachuted to a landing on the grasslands of the country's sprawling Inner Mongolia region at about 10 a.m. (0200 GMT). China declared the first manned mission to the Tiangong 1 module ? the space program's longest and most challenging yet ? a major stride ahead for the country's ambitious space program.
About an hour later, mission commander and veteran astronaut Jing Haipeng, 45, emerged from the capsule, followed by crew mates Liu Wang, 43, and 33-year-old Liu Yang, China's first female astronaut.
The three, all experienced air force pilots, were lifted on to folding chairs and appeared in good health. They smiled, waved, chatted and saluted as state television ran live footage from the landing site.
"Tiangong 1, our home in space, was comfortable and pleasant. We're very proud of our nation," Liu Yang told national broadcaster CCTV.
Space program commander, Gen. Chang Wanchuan, declared the astronauts in good health and declared the mission "completely successful."
He was followed by Premier Wen Jiabao, who said the mission marked "absolutely important progress" for the space program.
The mission had included both remote control and piloted dockings with the module and extensive medical monitoring of the astronauts as part of preparations for manning a permanent space station.
China's next goals include another manned mission to the module originally scheduled for later this year but which may be delayed depending on an evaluation of the Shenzhou 9 mission and the condition of the Tiangong 1. China has been extremely cautious and methodical in its manned missions, with more than three years passing since the previous one, and all four have been relatively problem-free.
Chen Shanguang, director for the Chinese Astronaut Research and Training Center, told a news conference that preparations and selection of astronauts were already under way for the Shenzhou 10 mission.
Tiangong 1 is due to be retired in a few years and replaced with a permanent space station around 2020 that will weigh about 60 tons, slightly smaller than NASA's Skylab of the 1970s and about one-sixth the size of the 16-nation International Space Station that China was barred from participating in, largely on objections from the United States. Possible future missions could include sending a rover to the moon, possibly followed by a manned lunar mission.
Launched June 16 from the Jiuquan center on the edge of the Gobi desert in northern China, Shenzhou 9 is the latest success for China's manned space program that launched its first astronaut, Yang Liwei, into space in 2003, making China just the third nation after Russia and the U.S. to achieve that feat. China would also be the third country after the United States and Russia to send independently maintained space stations into orbit.
Earlier in the week, a spokeswoman said China spent 20 billion yuan ($3.1 billion) on its space program between 1992 and 2005 ? a rare admission for a program with close links to the secretive military. By the time the next Shenzhou mission is completed, Beijing will have spent an additional 19 billion yuan ($3 billion), the spokeswoman said.
Wang Zhaoyao, director of China's manned space program office, said the program mirrors the rising global status of China.
"For any country, for any people, a space program is indispensable," Wang said.
Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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By msnbc.com staff, WNBC, and news wires
UPDATED 12:15 p.m. ET: Peter Madoff, the?brother of convicted scammer Bernie Madoff, pleaded guilty Friday to doctoring records to hide?the?Ponzi scheme orchestrated by his older sibling that swindled thousands of people out of billions of dollars and stunned the world?in?the throes of the financial crisis.
"I am deeply ashamed of my actions," he told a hearing in downtown Manhattan federal court on Friday morning, several hours after he was taken into custody by FBI agents at his lawyer's office in midtown Manhattan.
"I want to apologize to anyone who was harmed and my family. I'm here to take responsibility for my actions," Peter Madof
Peter Madoff, 66,?had been?arrested earlier?Friday at his lawyer's office in?midtown Manhattan and had been expected to enter the guilty plea for which he's expected to get 10 years in prison. He?entered the plea?in the same courthouse where his brother, 74, was convicted and sentenced in March 2009 to 150 years in prison for the largest Ponzi scheme ever.
"Peter Madoff enabled the largest fraud in human history. He will now be jailed well into old age, and he will forfeit virtually every penny he has. We are not yet finished calling to account everyone responsible for the epic fraud of Bernard Madoff and the epic pain of his many victims," said Manhattan U.S. Attorney Preet Bharara in a statement.
Federal prosecutors on Wednesday revealed in a letter that Peter Madoff had been criminally charged with participating in his brother's fraud. He and his brother are the only?Madoff family members to have been arrested and charged in the Ponzi scheme.
The letter, filed in federal court in Manhattan, said Peter Madoff would?plead guilty to charges of conspiracy to commit securities fraud and falsifying records as well as other charges. He agreed not to seek a sentence other than 10 years in prison, the letter said.
Peter Madoff also agreed to forfeit about $143.1 billion, including all real and personal property, the letter said. The amount is symbolic, being more than twice the estimated size of the fraud.
John Wing, a lawyer for Peter Madoff, did not immediately respond to a request for comment.
Peter Madoff was chief compliance officer at Bernard L. Madoff Investment Securities LLC when his brother was arrested on December 11, 2008.
Prosecutors have not said whether criminal cases are also being prepared against Bernard Madoff's son, Andrew, who was co-director of trading, or his niece, Shana, who was a compliance officer at the firm.
In May, Irving Picard, the trustee seeking money for victims of the Ponzi scheme, named members of Madoff's family in an expanded $255.3 million lawsuit, claiming they should have detected Bernard Madoff's Ponzi scheme at the firm that operated "as if it were their family piggy bank."
Besides Madoff's brother Peter, Picard sued Andrew Madoff, who was co-director of trading; the estate of son Mark, co-director of trading who committed suicide in December 2010; and Shana Madoff.
In the lawsuit, Picard described Peter Madoff as a savvy investor who once served as vice-chairman of the board of governors of the Financial Industry Regulatory Authority.
Picard is seeking $90.4 million from Peter, $81.3 million from Mark Madoff's estate, $73.8 million from Andrew and $15.3 million from Shana.
Lawyers for Andrew and Shana Madoff did not immediately return calls seeking comment.
Between 1993 and 2008, Peter Madoff was paid over $36 million in salary and bonuses, Picard said, and the firm funded his lavish lifestyle, including $140,000 for a Ferrari in 1995 and a home on Manhattan's upscale Park Avenue.
Peter Madoff is charged with one count of conspiracy to commit securities fraud and mail fraud as well as making false statements about the firm's compliance program and investment advisory business.
He is also charged with falsifying records.
About a dozen people have now been implicated in criminal wrongdoing related to the Madoff firm.
Five have pleaded not guilty: Annette Bongiorno, Daniel Bonventre, Joann Crupi, Jerome O'Hara and George Perez.
Frank DiPascali, the former chief financial officer often called Bernard Madoff's right-hand man, pleaded guilty in August 2009 and has been praised by prosecutors for his cooperation. He has yet to be sentenced.
Picard has estimated customers of the Madoff firm lost about $20 billion. On Monday, the U.S. Supreme Court let stand a lower court ruling on the trustee's methods for calculating losses. That decision could help Picard repay customers faster.?
Reuters contributed to this report.???
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The When Harry Met Sally screenwriter recently succumbed to this enigmatic form of cancer, but there are new treatments in the pipeline
?| June 28, 2012
Nora Ephron's final act played out in Manhattan on June 26 where the 71-year-old writer and movie director died from pneumonia brought on by acute myeloid leukemia (AML), one of the most common types of leukemia among adults. AML is a cancer caused when abnormal cells grow inside bone marrow and interfere with the production of healthy blood cells. The marrow eventually stops working correctly, leaving a person with an increased risk of bleeding and infections.
Ephron?best known for writing When Harry Met Sally and Sleepless in Seattle?was first diagnosed in 2006 with one of the myelodysplastic syndromes (MDS), a category of blood diseases also referred to as "preleukemia" that can progress into AML if the bone marrow continually fails to produce enough healthy platelets, red blood cells and white blood cells over time. MDS made headlines recently when ABC's Good Morning America anchor Robin Roberts announced she has been diagnosed with the disease.
Some types of leukemia, including AML, develop as a result of exposure to certain chemicals (including herbicides and pesticides), chemotherapy drugs (such as etoposide and a class of drugs known as alkylating agents) and radiation. Typically, however, a doctor is unable to pinpoint the exact cause in individual cases.
Although estimates vary, there are between 10,000 and 12,000 new cases of MDS in the U.S. annually. More than 80 percent of all MDS patients are older than 60. The National Cancer Institute projects that 13,780 men and women?7,350 men and 6,430 women?will be diagnosed with AML and that 10,200 men and women will die of the malady this year.
Scientific American spoke with Bart Scott, a medical oncologist specializing in the treatment of patients with MDS, about syndrome's progression to AML, who is most at risk for this cancer and whether there are any promising treatments on the horizon. Scott is also director of hematology and hematologic malignancies at the Seattle Cancer Care Alliance and an assistant member of the Fred Hutchinson Cancer Research Center's clinical research division.
[An edited transcript of the interview follows.]
What is the typical trajectory for this form of cancer?
The trajectory of myelodysplastic syndrome is highly dependent upon two factors?the bone marrow myeloblast count and the cytogenetics. [A myeloblast is an immature blood cell that will eventually develop into a type of white blood cell.] The higher the bone marrow myeloblast count is at time of diagnosis the more likely a patient is to progress to acute myeloid leukemia. In general, the more abnormal the cytogenetics [a cell's hereditary and functionalm characteristics] are the more likely a patient is to progress to AML, but there are certain abnormalities that have a good prognosis.
Who are the typical victims of this form of leukemia?
The median age of diagnosis of MDS is 72, it is slightly more common in men than women, and there is a correlation between incidence and age. I would say that Ephron's course does seem consistent with MDS progression to AML.
What are the risk factors for this cancer?
They are based on increasing age as well as certain environmental exposures like pesticides and herbicides. This is not casual contact?we are talking about prolonged, persistent exposure. The amount of exposure required to cause the disease is unknown, however.
Given that Ephron lived most of her life in New York City, whose residents are not typically exposed to inordinately large amounts of pesticides or herbicides, what might account for her condition?
Some researchers have tried to understand MDS in terms of clustering, although there is very little clustering data available. The idea is to understand whether MDS tends to cluster in areas of higher exposure to certain toxic agents. In 2007 Xiaomei Ma [an associate professor of epidemiology the Yale School of Public Health] and a team of researchers published a paper in Leukemia Research regarding this phenomenon. They found that cases of MDS in Connecticut were clustered near the western border. In general, clustering supports the idea that environmental exposure is contributory to the development of a disease. This is the only paper that I know of that has demonstrated clustering in MDS.
We are doing a similar study in the state of Washington. Hanford Site is a nuclear production complex near the Tri-Cities area in southeastern Washington [encompassing Kennewick, Pasco and Richland]. We are looking to see if there is clustering in the Tri-Cities area. But these studies are difficult given the mobility of the area's population, unknown exposure time and any delay in the development of MDS after exposure.
What is the usual treatment?
There are three FDA approved treatments. One is azacitidine, approved by the FDA in 2004 and marketed as Vidaza. Decitabine, sold as Dacogen and approved in 2010 to treat MDS, is another option. [The FDA's oncologic drugs advisory panel in February, however, recommended against the approval of Dacogen to treat older patients with AML. The drug's maker wants FDA approval to use Dacogen in AML patients 65 years and older and who are not considered good candidates for high-dose chemotherapy as an initial treatment for AML.] The third is lenalidomide, also known as Revlimid and introduced in 2004.
However, the only curative treatment is stem cell transplantation. Stem cells are infused just like a blood transfusion. Sources of stem cells include cord blood cells, peripheral blood mobilized stem cells or bone marrow. Success depends on the stage of disease. The one-year treatment related mortality is approximately 20 percent. If patients are transplanted in an early stage of the disease, we have a success rate of 80 percent.
Are there any promising treatments in late-stage testing?
Yes, there are several drugs being investigated in phase II and phase III trials. We currently have a phase III trial open with a drug called rigosertib for patients who have failed prior treatment with azacitidine or decitabine, which are known as demethylating agents. The proposed mechanism of action for these drugs is that they alter gene expression profiles in the cancer cells and increase their susceptibility to death. Rigosertib is a cell cycle inhibitor and would prevent the cancer cells from growing and induce direct damage to the cancer cells, causing their death.
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Living in Los Angeles, the bar scene is saturated with overpriced, watered-down drinks and unwelcoming servers. I found one bar, however, that has changed my opinion of Los Angeles nightlife: Drai's Hollywood. If you've been to Las Vegas and stumbled into the best after-hours bar, you know what I'm talking about. For the past two years, Drai's Hollywood has graced the rooftop of The W Hotel on Hollywood Boulevard.
Drai's Hollywood has a sexual vibe, beds to drink your bottles under red lights and views that many corny pick up lines could work with.
For some "reason," beaches in Los Angeles don't allow open containers and take the buzz out of going to the beach and being in the sun. Luckily, all summer long, Drai's Hollywood is open seven days a week, providing a bar that encourages beer with lunch. The pool is lined with cabanas, lounge chairs, beds and tables to accommodate any high maintenance request. The weekdays are perfect for a relaxing, mellow afternoon with drinks and lunch while the weekends are jammed pack with a pool full of people drinking (Drais' famous) Sangria.
To maintain a good time but not needing to be wheeled out, Drai's offers a food menu that is light yet filling. Since no one wants to feel like a balloon at a pool party, you need to start with the hummus and vegetables and move onto the tuna tartar tacos and sliders. The tacos are served upright, creating little mess and making patrons seem more sober than they really are. The sliders are served with a bucket of fries that will allow you to order that next round of drinks.
After the sun sets and daytime pool party-goers head home, Drai's has only just begun. Throughout the bar, go-go dancers are working it on the ledge between booths, dressed and looking like Marilyn Monroe. Or maybe that was the alcohol influencing me to get caught up in an old Hollywood scene.
If dancing, isn't for you, then head outside by the pool to be surrounded by the Hollywood and Downtown Los Angeles "skyline." Now, if only the City of Los Angeles would light the Hollywood Sign.
Drai's Hollywood is the perfect combination of Hollywood swank and a laid back California vibe with a view that is unlike any other location in the city. Noon or night, Drai's will satisfy your thirst and hunger... And bring Marilyn Monroe back to life, like it did for me.
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Follow Tim Mihalsky on Twitter: www.twitter.com/TimOnAir
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EUGENE, Ore. (AP) ? Justin Gatlin would pick a runoff, reluctantly. So would Maurice Greene, who would do a coin toss as a last resort.
Everybody has an opinion ? even Olympic gold medalists ? about USA Track and Field's hastily unveiled options for breaking a third-place tie between Allyson Felix and Jeneba Tarmoh, who finished in a dead heat in the 100-meter final at last weekend's Olympic trials.
On Tuesday, three days after they raced, USATF still has no idea when it will be resolved.
The sprinters have until Sunday, when the trials end, to decide if they want a runoff ? a winner-take-all race to break the tie ? or a flip of a coin to determine who gets the last spot on the London-bound team. One of them can simply bow out, too.
"I honestly can't tell you why a protocol wasn't in place," USATF President Stephanie Hightower said. "No one ever thought through it. The likelihood of it happening didn't cross anybody's minds."
Surprising, since this has happened before ? to Hightower, no less.
At the 1984 Olympic trials, she finished in a three-way tie for second place in the hurdles. A grainy photo was used to break the tie and she was the odd person out, failing to earn a spot.
"There's no question that everyone was caught off guard," Hightower said. "At least this gives us the motivation to look at our bylaws and competition rules to see if there are any other gaping holes we need to shore up before the next big championship or Olympic trials."
That doesn't exactly help Felix and Tarmoh now. They will compete in the 200 meters and after Saturday's final, if both make it, decide what to do next. The trials went on a two-day break Tuesday and will resume Thursday.
So far, the women have been pretty much mum on the matter. Their teammates have not.
"As an athlete, this worries me," said Gatlin, who won the 100 last weekend, but will skip the 200. "Because no one knew about this loophole in the system.
"To run the 100-meter final at the Olympic trials and for it to be decided on a coin toss? It blows my mind."
So does a runoff.
"Your coach trains you for three rounds, for six rounds if you run the 100 and 200, and not an extra round. That's looked at as more of a sideshow," Gatlin said. "These ladies should have the respect for someone to say to them, 'Hey, you know what? There should've been a better (system) in place.'"
If left to Greene, an Olympic gold medalist in 2000, he would pick runoff. Maybe.
"That's why you have a coach," he said. "If he said (coin flip), I would have to do that."
As it is, both are eligible to be selected to the 400-meter relay team.
There has been some scuttle that perhaps Felix is waiting to see how she fares in her signature event, the 200, before reaching any decision. Should she earn a spot in the 200 and Tarmoh doesn't, Felix might just surrender the 100 spot to her training partner.
"It's noble, but I'm not giving anything up," Greene said. "I fight for everything. Nothing in life is given to you. You have to take everything you want and you have to work for it."
He has a solution ? a made-for-TV special. No other events, just these two women on the track.
"Tell NBC to give them $2 million and have a runoff," Greene said. "Then they'll do it for sure. If they have a runoff, do you realize how much money there's going to be."
Maybe that would work if they weren't already coming off a grueling competition schedule. Bob Kersee, who coaches them both, is concerned about the possibility of injury, since there's really no rest for either athlete.
The Olympics, after all, are on the line.
"You've come this far. I would gut it out," Gatlin said. "I would run. ... It would bring more excitement to track and field, to have a runoff."
In every other sport, there's some sort of carefully spelled-out tiebreaker in place.
In swimming, deadlocks are settled with swim-offs between the two opponents.
Gymnastics released its revamped tiebreak procedures so it doesn't have a repeat of the debacle in Beijing, where it practically took a NASA physicist to decipher the complicated formula that settled the gold medal on uneven bars. Now the execution mark will be the big deciding factor, and there is the possibility of sharing medals.
Odds of that happening are rare.
Still, it's a plan.
"You're always going to have your haters and your critics," Hightower said. "That goes with the territory. I think we've been responsible, responsive and we've been thoughtful. If this is a way to educate people about our sport, I'll take good with bad."
In a society that craves everything in an instant, the 100 is the ideal race.
Sprinters blaze down the track, lean at the finish line and look up at the giant scoreboard, where the times and places instantly pop up.
Even high-tech cameras couldn't break Saturday night's dead heat in a sport that's long relied on technology. Unlike baseball, which is slowly turning to video replay, track uses images to help sort things out.
But in this case, the image from the outside camera was inconclusive for determining the finish because both runners' arms obscured their torsos ? a key consideration in determining the finish.
The image from the inside camera, shot at 3,000 frames per second, was analyzed by timers and referees, who declared the tie.
"We might even look at where we put cameras in the future," Hightower said. "Now that we've had this incident, it will give us the motivation, for us to do our due diligence to look at things.
"I want to make sure that both (Felix and Tarmoh) walk away from this knowing that there was a fair process in place and they had input into it. They can walk away and feel like we haven't done anything to harm them and their ability long term."
___
AP National Writer Nancy Armour contributed.
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It\'s not always readily accessible useful, pertinent or accurate physical fitness information online There are plenty of health and fitness content articles available that it is very easy to truly feel stressed We\'ve put together a few of the very best physical fitness recommendations in this article Break up your jogging into three pieces Start off slowly and gradually, and build approximately your typical speed For the past stage, increase your speed as much as it is possible to You may increase your stamina this way, and thus have the ability to go even farther with less exhaustion Protect against serious vein thrombosis by stretches throughout the day A few times one hour, abandon your workdesk and have a fast go walking Help your blood flow flow by stretching out your biceps and triceps and thighs and legs By undertaking simple exercises a few times every day should produce a wonderful variation in the quantity of your fitness Walking your pet can be helpful when you find 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inside your skin, which release water to cool our bodies straight down Put simply you sweat, triggering gentle dehydration If you discover one thing that works for you, keep it going Stay involved in any sports activity or healthy routine which helps you remain match, even if you believe it will make you peer silly Exercise should be your goal, no person else\'s Force what exactly is stopping you moving forward besides, and keep with the activities that keep you proceeding To maintain your recent level of fitness, or perhaps improve it, don\'t enable an injury make you stop, keep working your uninjured arms and legs while the other one particular mends You will not only maintain your fitness, you can expect to stimulate muscle tissue increase in the hurt area Take note of how you will start the day if you wish to increase your health and fitness Being healthful starts off with a good morning meal Having breakfast can cause far more electricity during the day and can result in other 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'Dateline NBC,' the signature broadcast for NBC News in primetime, premiered in 1992. Since then, it has been pioneering a new approach to primetime news programming. The multi-night franchise, supplemented by frequent specials, allows NBC to consistently and comprehensively present the highest-quality reporting, investigative features, breaking news coverage and newsmaker profiles.
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ScienceDaily (June 25, 2012) ? The majority of websites have major shortcomings. Unclean programming frequently causes excessive load times. Companies are only gradually recognizing the advantages of a barrier-free Internet. Fraunhofer researchers are crafting tools that can be used to monitor compliance with web standards.
For companies in Germany, web accessibility has never been a compelling issue until now -- this was also confirmed by a series of tests conducted in 2011 by the Fraunhofer Institute for Applied Information Technology FIT in Sankt Augustin. The scientists at the Web Compliance Center used their analysis tools to test the "web compliance" -- or adherence to international web standards -- among the Internet sites of German companies listed on the DAX. The outcome: 90 percent of the websites exhibited substantial flaws. For instance, important data could only be found after much effort, the websites took too long to load, or they were deficiently displayed on mobile devices. "'Web compliance' not only means optimizing websites so that they can be used by disabled and older persons," explains Dr. Carlos Velasco of the Web Compliance Center at FIT. "Search engines such as Google also have considerable problems with faulty sites. This may make the sites impossible to find or prevent them from ranking high in search requests. That is why this issue actually deserves a high priority."
Economic advantages through accessibility
An increasing number of companies have since realized that accessibility also comes with major economic advantages. Hewlett Packard Italia, Public-I Group and Polymedia, for example, are participating in the EU research project, "Inclusive Future-Internet Web Services (I2Web)." Coordinated by FIT, the project has a budget of EUR 2.7 million for a 2 and half years. The partners include the University of York (United Kingdom) and the University of Ljubljana (Slovenia), as well as the National Council for the Blind of Ireland and the Foundation for Assistive Technology (FAST). Participating companies offer Internet television, Video On Demand (VOD), online banking services and content management systems. These sites will soon be barrier-free.
Monitoring social networks for illegal activities
To enable site operators to monitor their sites efficiently, the FIT computer scientists had already developed the "imergo Web Compliance Suite" back in 2004. It is composed of a series of tools that can be integrated into content management systems. They review websites for adherence to certain rules, and these not only cover accessibility: for instance, one could monitor a social network such as Facebook for certain word groups that point to illegal activities. A company could also verify if the corporate design standards were being met on all their pages. "Typically, several content editors take care of large websites," says Velasco. "The suite tests whether the logo is located in the right spot on every page, for example."
The EU project "I2Web" launched in 2010 is a kind of progression from the "imergo Web Compliance Suite." The prototype contains, for instance, a development environment for an Expert Viewer. Not all accessibility guidelines can be checked automatically by a software program. For instance, photographs on a website should have a suitable alternative text. While a test tool can detect whether a text exists, it cannot determine if it also "suitably" describes what can be seen in the image. So the Expert Viewer offers a list of all relevant image texts that editors can review for the correctness of content. One important part of the EU project is conformity with interfaces, such as when customers wish to use Video On Demand or Internet TV on their televisions. "I2Web" ensures that the websites work seamlessly on all devices (if possible), and can be operated with complete accessibility.
Given the rapid pace of the Internet's evolution, the researchers at FIT will not soon run out of things to do: they will consistently have to adapt their tools to new browsers, the latest mobile devices and additional interfaces. But their work pays off: Open Text, a leading provider of content management systems, successfully markets the "imergo tools" as an additional option on its products.
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Is there any limit to the Right's hypocrisy about the Constitution? Do folks like Marco Rubio, Michele Bachmann, war-on-terror architect John Yoo, and columnist Charles Krauthammer really believe the Constitution means one thing when a Republican is in the White House, and something entirely different when the President is a Democrat?
That is the only conclusion that can be drawn from the incessant and insufferable howling from conservatives that President Obama's decision to exercise prosecutorial discretion to allow studious and law-abiding young people brought to this country by their parents to remain is somehow a threat to our constitutional system of government.
First, a short historical recap. During successive Republican presidencies, conservatives have made extremely aggressive, and in some cases unsustainable, assertions about the unfettered powers of the President to enforce the law and control the Executive Branch. This started in the Reagan Administration, where young conservatives in the Justice Department and White House Counsel's office (notably including John Roberts and Samuel Alito) fashioned something known as the "unitary executive theory" as a way of trying to strike out against independent agencies and special counsels that were not fully within the power and control of the President. As a Congressional Research Service (CRS) report from 1987 put it, "[i]n support of a variety of actions since 1981 designed to ensure ultimate presidential control of decisionmaking in all executive branch agencies, the Reagan administration has articulated a constitutional based theory of a unitary executive."
The Supreme Court decisively rejected this theory in 1988 with its 7-1 opinion in Morrison v. Olson, written by Chief Justice William Rehnquist. The Reagan Administration's unitary executive argument drew support only in a lonely dissent by Justice Antonin Scalia, but it lived on in conservative circles and was resurrected in the George W. Bush Administration in the foreign policy context. Particularly in an Office of Legal Counsel memorandum written by John Yoo authorizing warrantless wiretapping, President Bush asserted inherent powers to ignore federal statutes and even constitutional prohibitions such as the Fourth Amendment's ban on unreasonable searches and seizures when necessary to conduct the worldwide war on terror.
Compared to these truly aggressive assertions of executive authority, President Obama's new immigration policy is presidential child's play. More precisely, President Obama has done what Presidents can and should do in honoring their Article II obligation to "take care that the laws are faithfully enforced." At the core of executive authority is prosecutorial discretion, which allows the Executive Branch latitude in determining how to allocate its resources in enforcing the law. As Justice Scalia has said in an immigration case, "prosecutorial discretion" is the "special province of the Executive."
This is particularly true in the immigration context, because Congress, in the Immigration and Naturalization Act, made it clear that the enforcement of immigration laws is vested with the Executive Branch. Again, in the words of the Supreme Court, "Congress made a deliberate choice to delegate to the Executive Branch, and specifically to the Attorney General, the authority to allow deportable aliens to remain in this country in certain specified circumstances." Meanwhile, Presidents of both political parties have been using prosecutorial discretion to allow deferred actions [pdf] on deportable individuals for decades, and President Obama's new policy [pdf] still must be applied by federal officials on a case-by-case basis with no guarantees.
As Ilya Somin, a respected conservative scholar has explained, President Obama's decision not to deport certain studious and law-abiding youth brought here by their parents is akin to the decision of federal drug officials not to pursue college students who smoke pot in their dorms, and constitutional for the same basic reason. The President cannot refuse to enforce a law passed by Congress. But federal laws governing many subjects, including guns, drugs, taxes and immigration, all sweep a large number of Americans into their broad nets, and it is the responsibility, ultimately of the President, to decide who to prosecute and why.
As President Obama said, "this is not amnesty, this is not immunity. This is not a path to citizenship. It's not a permanent fix. This is a temporary stopgap measure that lets us focus our resources wisely while giving a degree of relief and hope to talented, driven, patriotic young people." Those who call this humane and lawful action unconstitutional know very little about the U.S. Constitution and nothing about what makes America great.
Cross-posted on Text & History.
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Follow Doug Kendall on Twitter: www.twitter.com/myconstitution
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Sunday
June 24, 2012
Saturday, June 23, 2012
A Palestinian protester throws stones towards Israeli security forces (not pictured) in front of tyres set on fire by demonstrators during clashes at a protest against the nearby Jewish settlement of Kdumim, in the West Bank village of Kfar Kadum, near Nablus June 22, 2012.
Israeli air strikes on Hamas security targets in Gaza killed two Palestinians and wounded 30 people today, medical officials in the Islamist-ruled territory said, while heavier rocket fire by militants wounded an Israeli man.
The escalating violence undermined a shaky truce brokered by Egypt on Wednesday, which sought to calm the latest flare-up in fighting that began on Monday when an Israeli man and two gunmen were killed in a raid launched from Egypt's Sinai desert.
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Paraguay's ousted leader Fernando Lugo on Sunday accused lawmakers of carrying out a "parliamentary coup d'etat" to force him from power, as international protests mounted over his abrupt removal.
In his first public appearance since his impeachment on Friday over a deadly land dispute earlier this month, Lugo again blasted Congress for its snap decision but said he would nevertheless accept it in the name of peace.
"Lugo has not been dismissed; democracy has been dismissed. They have not respected the popular will," the ousted leader said in an unexpected appearance at a street protest attended by about 500 people in the capital Asuncion.
He called his impeachment "unjust" and called for "peaceful" demonstrations in the impoverished, landlocked South American nation.
"There was a parliamentary coup d'etat... the arguments for impeachment had no value," the 61-year-old former leader said after entering the studio of TV Publica, scene of the protest, for a brief news conference.
In a 39-4 vote, lawmakers on Friday found Lugo guilty of performing his duties badly during the armed clash on June 15 that claimed the lives of six police and 11 squatters on a privately-held farm.
His vice president Federico Franco was quickly sworn in to cheers in the Congress as Paraguay's new leader.
Lugo acknowledged that it would be "very difficult" to return in power, but said there should be no more violence, adding: "Peacefully, the democratic process will continue, with more strength."
Franco on Saturday told AFP in an interview in his office that he hoped Lugo would help him stem the international outcry over the change in power.
"Right now I'm trying to speak with president Lugo. I'm going to do it. I think his presence as a Paraguayan is very important to give an international image, because right now we need a legally constituted government," he said.
Franco said he planned to ask Lugo "to help us prevent Paraguay from receiving an absolutely unjust, unnecessary and unpopular punishment."
No foreign government has recognized Paraguay's new leadership.
Brazil, Argentina and Uruguay -- Paraguay's partners in the Mercosur trading bloc -- recalled their ambassadors for consultations.
The secretary general of the Organization of American States, Jose Miguel Insulza, called the snap impeachment a "disrespect to due process."
Insulza said the Americas had once again witnessed "a summary judgment that, while formally in keeping with the law, did not appear to fulfill all the legal precepts of the right to a legitimate defense."
Franco, who served as Lugo's vice president, earlier defended the ouster of his predecessor as being in compliance with the country's constitution, and he insisted "there was no coup."
"There are no soldiers in the street," he added.
But he acknowledged he was concerned about the international reaction.
"We will make our best efforts to get in touch with neighboring countries to try to demonstrate our clear commitment to democracy," he said.
Franco met earlier with the Vatican's envoy Agustin Arietti, and with the German ambassador Dirk Niebel, who said Berlin viewed the ouster as "a normal change of government, not by means of elections, but a normal process."
Lugo's lawyers had just two hours to present their case on his behalf in the Senate impeachment trial.
The torrent of furious responses to the ouster came not just from traditional leftist allies like Bolivia, Nicaragua and Venezuela.
Argentina's President Cristina Kirchner took to her Twitter account to repeat that "Argentina will not validate the coup in Paraguay."
"It's a travesty of justice and an affront to the rule of law to remove a president in 24 hours, with no guarantees to defend himself," the executive secretary of the Inter-American Commission on Human Rights, Santiago Canton, told a press conference.
The first major international event the new government had been expected to attend is a Mercosur summit in Argentina on Thursday and Friday.
But Franco told AFP he would not go if his presence would make matters worse.
Peru said it had offered to host a presidential summit of Mercosur leaders next week to assess the situation in Paraguay.
Brazil said members of Mercosur and Unasur, another regional bloc, were considering what measures should be applied to Paraguay in light of the developments.
Franco noted that any blockade of Paraguay would hurt Brazilian entrepreneurs, who have major interests in the country. Sixty percent of Paraguay's trade is with Brazil.
Extremely popular at the time of his election in 2008, Lugo -- a former priest -- saw his reputation in this predominantly Catholic country take a nosedive by repeated claims he fathered children while under a vow of chastity.
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SHERIDAN RECREATION DISTRICT
2012 SUMMER SOFTBALL LEAGUE STANDINGS
CO-REC. LEISURE ?NATIONAL LEAGUE DIVISION?
TEAMS
WINS:
LOSES:
FIRST INTERSTATE BANK
7
1
ZEN THE SALON/ ALPINE CLIMATE CONTROL
7
1
STAR LIQUOR/ TNC LIQUOR
6
1
DIRT BAGS
6
2
PURENERGY
5
3
ACT
3
5
BLACK TOOTH BREWERY CO.
1
6
RAINBOW BAR
1
6
SHAKE-N-BAKE
1
6
A PLUS TOWING & REPAIR
0
6
RESULTS OF GAMES FROM WED. 6/20/12!
6:30 SHAKE-N-BAKE __18_____ BLACK TOOTH BREWERY ___16______
7:40 FIRST INTERSTATE__6_____ DIRT BAGS__24_______
8:50 ALPINE CLIMATE___20______ PURENERGY__4______
SHERIDAN RECREATION DISTRICT
2011 SUMMER SOFTBALL LEAGUE STANDINGS
CO-REC. LEISURE ?AMERICAN LEAGUE DIVISION?
TEAMS
WINS:
LOSES:
KUBOTA/ H-3 MOBILE
7
0
N. S. I. WOLVES
7
2
VFW CLUB
6
1
RUBY RAY?S/ RAILS/ ALLEY CATS
6
2
JR? REDS
4
3
DELTA CONSTRUCTION
3
5
SHERIDAN SURGICAL CENTER
3
7
INTER MOUNTAIN LABS
2
6
JODI?S HEART INC.
1
6
COCA- COLA REFRESHMENTS
0
8
RESULTS OF GAMES ON WED. 6/20/12!
6:30 KUBOTA/H-3 MOBILE___15______ VFW CLUB___0____
6:30 ALLEY CATS___12______ INTER MTN. LABS___7_____
7:40 SHERIDAN SURGICAL___15______ VFW CLUB___20_______
7:40 N S I WOLVES__17______ DELTA CONST.___7______
8:50 SHERIDAN SURGICAL__17______ DELTA CONST.___1______
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Chad Ford of ESPN.com joined Isaac Ropp and Big Suke on 1080 The Fan earlier this week to talk about the 2012 NBA Draft.
Here's a partial transcript. I chopped it up and re-organized it a bit. Download or stream the audio here.
UConn Center Andre Drummond
He's not worked out great by all accounts. He's the second youngest player in the Draft. He doesn't have a great motor. Workout settings for bigs are always a bit challenging. You can't really wow the same way that perimeter players can. A lot of it has to do with the energy you bring to a workout and that's not Drummond's strong point. Pretty much everywhere he's gone, I've heard he's been OK and not great.
He's young, maturity-wise he's young. The thing that throws you off is that when you see him physically, 7-feet, 280 pounds, with a crazy 7-foot-6 wingspan, he looks like a man. Inside is definitely a 17 or 18 year old.
His game in a lot of ways of Dwight Howard's coming out of high school. He's not very skilled. One of the things that screams at you is that he shot a crazy 29 percent from the free throw line. That makes Shaq look like Ray Allen. He's just not a very skilled player. Can he shoot, dribble and pass? The answer for Andre Drummong on all three of those is no. But he's huge. He's an excellent athlete, he may be the fastest guy laterally at that size, I mean ever. He's so quick laterally, like a guard. He was a good rebounder, he was a very good shot-blocker at UConn last year. It wasn't like he had a completely unproductive season there he just has a long way to go offensively.
That's what reminds me of Howard. Howard figured out really early in his NBA career: 'I can't do a lot of that stuff, but one thing I can do well is jump and dunk over everybody.' There's very few guys in the league who can stop him from doing that. If Drummond ever got that mindset he could be the second best player in this Draft. I'm just not sure he will get it because like a lot of young bigs, he thinks he can do more than he can. He thinks he can dribble, he thinks he can shoot, he thinks he wants to play a little on the perimeter. He wants to be more Kevin Durant than Dwight Howard. Usually that's a very difficult thing to get out of players' heads, to get them to accept what they do well in the NBA.
His coach, Jim Calhoun, said that he will be a very good NBA player in 3-4 years. In the NBA, that's an eternity.
Portland at No. 6
The consensus top-5 guys are Anthony Davis, Thomas Robinson, Bradley Beal, Michael Kidd-Gilchrist and the guy who leapfrogs in is Harrison Barnes, who I think will go No. 4 or No. 5 or maybe even No. 2. After that, I don't think Drummond is a lock for Portland. I think they really like Damian Lillard, the point guard out of Weber State. I think he could well be the pick there. I also think they like Dion Waiters from Syracuse as well.
Blazers rebuilding
[Blazers GM Neil Olshey] is very eloquent in what he tries to say but I think you've got to wade through some of that. They're going to be rebuilding. I don't even know that they're in a huge hurry to rebuild at this point, it's not the sense that I get that they want to be a playoff team next year. I think they understand that they have to be patient and get the pieces in place.
That's why I think Drummond is in the mix there because long-term he could be an absolute steal at 6. If he matures the right way, if he puts in the hard work, absolutely a steal at 6. He's going to be a project and he's not going to deliver what you need the first couple of years in the NBA.
Weber State point guard Damian Lillard vs. UNC point guard Kendall Marshall
They're completely different, in every way imaginable. Marshall is a pass-first point guard, he's the best point guard in the Draft at passing ahead, about finding guys, about playing unselfishly. He's limited athletically, he's got good size for his position, he's not a very good shooter and he doesn't really think score at all. His upside is a guy like Andre Miller, who really is a facilitator and doesn't really bring a lot of athleticism to the game. Teams have concerns about how he's going to defend. There's so many quick, elite athletic point guards in the league these days. How's somebody like Marshall who struggled defensively in college going to be able to defend an NBA caliber point guard?
Lillard, on the other hand, is a very good athlete, explosive leaper, can really shoot the basketball -- over 40 percent from three. Has a scorer's mentality. Not only can he shoot it from deep but he can get to the line, which is very rare that you have a guy who is very efficient getting to the basket and who can shoot the deep three. The question is, at Weber State, he was not asked to facilitate that much, he was their lead scorer. He averaged about five assists per game. There's questions about how he makes the transition to more of a facilitator at the next level. He's got the scorer's mindset. But his body -- his athletic numbers at the combine were very similar to Derrick Rose and the same sort of mentality.
Lillard is on the board with the Raptors at No. 8. He's on the board again with the Hornets at No. 10. Even the Warriors have taken a look at him at No. 7, although I think that's less likely. Those two teams need a point guard. Depending on going ahead of him, if Dion Waiters goes No. 7 to the Warriors, I think the Raptors go with a guy like Lillard.
-- Ben Golliver | benjamin.golliver@gmail.com | Twitter
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NEW YORK (AP) ? Painter and sketch artist LeRoy Neiman, best known for evoking the kinetic energy of the world's biggest sporting and leisure events with bright quick strokes, died Wednesday at age 91.
Neiman was the official painter of five Olympiads and was a contributing artist at Playboy magazine for many years. His longtime publicist, Gail Parenteau, confirmed his death at a Manhattan hospital on Wednesday but didn't disclose the cause.
Neiman was a media-savvy artist who knew how to enthrall audiences with his instant renditions of what he observed. In 1972, he sketched the world chess tournament between Boris Spassky and Bobby Fischer in Reykjavik, Iceland, for a live television audience. He also produced live drawings of the Olympics for TV and was the official computer artist of the Super Bowl for CBS.
Neiman's "reportage of history and the passing scene ... revived an almost lost and time-honored art form," according to a 1972 exhibit catalog of his Olympics sketches at the Indianapolis Museum of Art.
"It's been fun. I've had a lucky life," Neiman said in a June 2008 interview with The Associated Press. "I've zeroed in on what you would call action and excellence. ... Everybody who does anything to try to succeed has to give the best of themselves, and art has made me pull the best out of myself."
Neiman's paintings, many executed in household enamel paints that allowed him his fast-moving strokes, are an explosion in reds, blues, pinks, greens and yellows of pure kinetic energy.
He has been described as an American impressionist, but the St. Paul, Minn., native preferred to think of himself simply as an American artist.
"I don't know if I'm an impressionist or an expressionist," he told the AP. "You can call me an American first. ... (but) I've been labeled doing neimanism, so that's what it is, I guess."
He worked in many media, producing thousands of etchings, lithographs and silkscreen prints known as serigraphy.
But Neiman's critics said his forays into the commercial world minimized him as a serious artist. At Playboy, for example, he created Femlin, the well-endowed nude that has graced the magazine's Party Jokes page since 1957.
Neiman shrugged off such criticism.
"I can easily ignore my detractors and feel the people who respond favorably," he said.
Neiman was fascinated with large game animals and said he twice traveled to Kenya to paint lions and elephants "in the bush" in his trademark vibrant palette.
But it was the essence of a basketball or football game, swim meet or cycling event that captured his imagination most.
"For an artist, watching a (Joe) Namath throw a football or a Willie Mays hit a baseball is an experience far more overpowering than painting a beautiful woman or leading political figure," Neiman said in 1972.
With his sketchbook and pencil, trademark handlebar mustache and slicked back hair, Neiman was instantly recognizable.
At a New York Jets game at Shea Stadium in 1975, fans yelled, "Put LeRoy in," when the play wasn't going their way.
Neiman's decades-long association with Playboy began in 1953 following a chance meeting with Hugh Hefner. It was the start of what he called "the good life" and inspiration for much of his future work.
He regularly contributed to the magazine's "Man at His Leisure" feature, which took him to such places as the Grand National Steeplechase and Ascot in England, the Cannes Film Festival in France and the Grand Prix auto race in Monaco.
Hefner said "R.I.P." to his "long time friend" in a tweet Wednesday night.
Neiman was a World War II veteran who participated in the invasion of Normandy and fought in the Battle of the Bulge. He was a self-described workaholic who seldom took vacations and had no hobbies. He worked daily in his home studio at the Hotel des Artistes near Central Park, which he shared with his wife.
"What else am I good for?" he said in 2008. "I don't think about anything else."
One of his projects, a 160-foot-long sports mural, hung in the Sports Museum of America in Manhattan.
Neiman also was a portraitist who captured some of the world's most iconic figures, Frank Sinatra and Babe Ruth among them, in a style that conveyed their public image.
"I am less concerned with how people look when they wake," he said. "A person's public presence reflects his own efforts at image development."
One face he recorded over and over again was that of Muhammad Ali. Those paintings and sketches, representing 15 years of the prizefighter's professional life, permanently reside at the LeRoy Neiman Gallery at the Muhammad Ali Center in Louisville, Ky.
Over the years, Neiman endowed a number of institutions, donating $6 million in 1995 for the creation of the LeRoy Neiman Center for Print Studies at Columbia University and $3 million to his alma mater, the Art Institute of Chicago, where he taught for a decade.
He also donated $1 million to create a permanent home for Arts Horizons, a community art center in Harlem.
Neiman earned numerous accolades. He was inducted into the New Jersey Boxing Hall of Fame and the International Boxing Hall of Fame. Other awards included a 2002 Friars Club Tribute and a 2004 Ellis Island Medal of Honor.
His works are in the permanent collections of many private and public museums. The Smithsonian Institution in Washington, D.C., was selected by Neiman to house his archives.
"I just love what I do," Neiman told the AP. "I love the passion you go through while you're creating" and the public's "very thoughtful and careful studied and emotional reaction of what you're doing."
He added: "It's a wonderful feeling."
Neiman is survived by his wife of 55 years, Janet Byrne Neiman.
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Associated Press writer Tom McElroy contributed to this report.
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Online: http://www.leroyneiman.com/
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