Top Canada court upholds anti-terrorism law in unanimous ruling

OTTAWA (Reuters) – Canada‘s Supreme Court on Friday upheld an anti-terrorism law enacted after the September 11, 2001, attacks on the United States, ruling unanimously that those who choose to engage in terrorism must “pay a very heavy price.”

The law’s constitutionality was challenged by Mohammad Momin Khawaja, convicted in Canada of terrorism for involvement with a British group that had plotted unsuccessfully to set off bombs in London.

It was also challenged by two men accused of terrorism by the United States for trying to buy missiles or weapons technology for the Sri Lankan Tamil Tigers.

The court rejected arguments that the law’s definition of terrorism was overly broad. It upheld Khawaja’s life sentence and confirmed the orders to extradite the other two to the United States.

Khawaja, a Canadian of Pakistani descent, was the first to be convicted under the law. He was sentenced in 2008 to 10-1/2 years in prison, and his sentence was then extended to life after appeal by the government.

The trial judge noted that Khawaja referred to Osama Bin Laden as “the most beloved person to me in the … whole world, after Allah.” He was found to have participated in a terrorism training camp in Pakistan and to have designed a device dubbed the “hi fi digimonster” for detonating bombs.

“The appellant was a willing participant in a terrorist group,” Supreme Court Chief Justice Beverley McLachlin wrote in the 7-0 decision, adding that he was “apparently remorseless.”

“He was committed to bringing death on all those opposed to his extremist ideology and took many steps to provide support to the group. The bomb detonators he attempted to build would have killed many civilians had his plans succeeded.”

The law applies to any act committed for a political, religious or ideological purpose with the intention of intimidating the public by causing death or serious bodily harm, or substantial property damage, or causing serious interference with an essential service.

The court also ruled that Canada can proceed to extradite two men the United States has accused of involvement with the Tamil Tigers, which waged a bloody war for independence in Sri Lanka and is considered a terrorist organization by Washington and Ottawa.

The Canadian government declined to comment on when they would be extradited.

Piratheepan Nadarajah was alleged to have tried to purchase surface-to-air missiles and AK-47 assault rifles for the Tamil Tigers from an undercover officer posing as a black-market arms dealer on Long Island, New York.

The other man, Suresh Sriskandarajah, was alleged to have helped Tamil Tigers get electronic equipment, submarine and warship design software and communications equipment.

They surrendered to the government ahead of the court decision, their lawyers said.

BEYOND ‘LEGITIMATE EXPRESSION’

The court disagreed that the federal law’s terrorism provisions had put a chilling effect on Canadians’ freedom of expression and was disproportionately broad.

“Only individuals who go well beyond the legitimate expression of a political, religious or ideological thought, belief or opinion, and instead engage in one of the serious forms of violence – or threaten one of the serious forms of violence – listed (in the law) need fear liability under the terrorism provisions of the Criminal Code,” McLachlin wrote.

She quoted with approval the appeals court decision in the Khawaja case that faulted the Ottawa trial judge’s sentence for failing to send a “clear and unmistakable message that terrorism is reprehensible and those who choose to engage in it will pay a very heavy price.”

The original sentence of 10-1/2 years does “not approach an adequate sentence for such acts,” she concluded.

Khawaja’s lawyer, Lawrence Greenspon, said it was a “terrible day” for his client and said too often people were investigated or prosecuted for their religious or political beliefs.

“It’s a … very unfortunate ruling for minorities in this country, and we’re extremely disappointed with the result,” he told reporters in the foyer of the Supreme Court.

Justice Minister Rob Nicholson said the decision was important as Canada was not immune to the threat of terrorism. “The court sent a strong message that terrorism will not be treated leniently in Canada,” he said.

The cases are Mohammad Momin Khawaja v. Her Majesty the Queen. (Ont) (34103); Suresh Sriskandarajah v. United States of America, Minister of Justice and Attorney General of Canada (34009), Piratheepan Nadarajah v. United States of America, Minister of Justice and Attorney General of Canada (34013).

(Additional reporting by Louise Egan; Editing by Jackie Frank and Xavier Briand)

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School shooting postpones Cruise premiere in Pa.

NEW YORK (AP) — The U.S. premiere of the Tom Cruise action movie “Jack Reacher” is being postponed following the deadly Connecticut school shooting.

Paramount Pictures says “out of honor and respect for the families of the victims” the premiere won’t take place Saturday in Pittsburgh, where “Jack Reacher” was filmed.

The premiere would’ve been Cruise’s first U.S. media appearance since his split from Katie Holmes over the summer. It was to be more contained with select outlets covering and a location away from Hollywood or New York.

A proclamation ceremony for Cruise had been planned with Pennsylvania Gov. Tom Corbett and Pittsburgh Mayor Luke Ravenstahl.

No new date for the premiere has been set. The movie opens Dec. 21.

Friday’s massacre at a Newtown, Conn., elementary school killed 20 children and several adults.

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President’s pot comments prompt call for policy

SAN FRANCISCO (AP) — President Barack Obama says he won’t go after pot users in Colorado and Washington, two states that just legalized the drug for recreational use. But advocates argue the president said the same thing about medical marijuana — and yet U.S. attorneys continue to force the closure of dispensaries across the U.S.

Welcome to the confusing and often conflicting policy on pot in the U.S., where medical marijuana is legal in many states, but it is increasingly difficult to grow, distribute or sell it. And at the federal level, at least officially, it is still an illegal drug everywhere.

Obama’s statement Friday provided little clarity in a world where marijuana is inching ever so carefully toward legitimacy.

That conflict is perhaps the greatest in California, where the state’s four U.S. Attorneys criminally prosecuted large growers and launched a coordinated crackdown on the state’s medical marijuana industry last year by threatening landlords with property forfeiture actions. Hundreds of pot shops went out of business.

Steve DeAngelo, executive director of an Oakland, Calif., dispensary that claims to be the nation’s largest, called for a federal policy that treats recreational and medical uses of the drug equally.

“If we’re going to recognize the rights of recreational users, then we should certainly protect the rights of medical cannabis patients who legally access the medicine their doctors have recommended,” he said.

The government is planning to soon release policies for dealing with marijuana in Colorado and Washington, where federal law still prohibits pot, as elsewhere in the country.

“It would be nice to get something concrete to follow,” said William Osterhoudt, a San Francisco criminal defense attorney representing government officials in Mendocino County who recently received a demand from federal investigators for detailed information about a local system for licensing growers of medical marijuana.

Assemblyman Tom Ammiano said he was frustrated by Obama’s comments because the federal government continues to shutter dispensaries in states with medical marijuana laws, including California.

“A good step here would be to stop raiding those legal dispensaries who are doing what they are allowed to do by law,” said the San Francisco Democrat. “There’s a feeling that the federal government has gone rogue on hundreds of legal, transparent medical marijuana dispensaries, so there’s this feeling of them being in limbo. And it puts the patients, the businesses and the advocates in a very untenable place.”

Obama, in an interview with ABC’s Barbara Walters, said Friday that federal authorities have “bigger fish to fry” when it comes to targeting recreational pot smokers in Colorado and Washington.

Some advocates said the statement showed the president’s willingness to allow residents of states with marijuana laws to use the drug without fear of federal prosecution.

“It’s a tremendous step forward,” said Joe Elford, general counsel for Americans for Safe Access. “It suggests the feds are taking seriously enough the idea that there should be a carve-out for states with marijuana laws.”

Obama’s statements on recreational use mirror the federal policy toward states that allow marijuana use for medical purposes.

“We are not focusing on backyard grows with small amounts of marijuana for use by seriously ill people,” said Lauren Horwood, a spokeswoman for U.S. Attorney Benjamin Wagner in Sacramento. “We are targeting money-making commercial growers and distributors who use the trappings of state law as cover, but they are actually abusing state law.”

Alison Holcomb, who led the legalization drive in Washington state, said she doesn’t expect Obama’s comment to prompt the federal government to treat recreational marijuana and medical marijuana differently.

“At this point, what the president is looking at is a response to marijuana in general. The federal government has never recognized the difference between medical and non-medical marijuana,” she said. “I don’t think this is the time he’d carve out separate policies. I think he’s looking for a more comprehensive response.”

Washington voters approved a medical marijuana law in 1998, and dispensaries have proliferated across the state in recent years.

Last year, Gov. Chris Gregoire vetoed legislation that would have created a state system for licensing medical dispensaries over concern that it would require state workers to violate the federal Controlled Substances Act.

For the most part, dispensaries in western Washington have been left alone. But federal authorities did conduct raids earlier this year on dispensaries they said were acting outside the state law, such as selling marijuana to non-patients. Warning letters have been sent to dispensaries that operate too close to schools.

“What we’ve seen is enforcement of civil laws and warnings, with a handful of arrests of people who were operating outside state law,” said Alison Holcomb, who led Washington’s legalization drive and helped write the bill that Gregoire vetoed. of

Eastern Washington has seen more raids because the U.S. attorney there is more active, Holcomb added.

Colorado’s marijuana measure requires lawmakers to allow commercial pot sales, and a state task force that will begin writing those regulations meets Monday.

State officials have reached out to the Justice Department seeking help on regulating a new legal marijuana industry but haven’t heard back.

DeAngelo said Friday that the Justice Department should freeze all pending enforcement actions against legal medical cannabis providers and review its policies to make sure they’re consistent with the president’s position. He estimated federal officials have shuttered 600 dispensaries in the state and 1,000 nationwide.

DeAngelo’s Harborside Health Center is facing eviction after the U.S. attorney in San Francisco pressured his landlord to stop harboring what the government considers an illegal business.

“While it’s nice to hear these sorts of positive words from the president, we are facing efforts by the Justice Department to shut us down, so it’s hard for me to take them seriously,” DeAngelo said.

The dispensary has a hearing Thursday in federal court on the matter.

__

Associated Press writers Terry Collins in San Francisco and Manuel Valdes in Seattle contributed to this report.

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After Connecticut: Guns, Gun Control, and Gun Culture

Bucolic Newtown, Conn., where a gunman killed 26 people, 20 of them children between ages 5 and 10, is also the headquarters of the American firearm industry. A short distance from Sandy Hook Elementary School, the National Shooting Sports Foundation, the country’s premier gun trade association, has its offices in a dignified white building on a gentle hill.

Like its better-known sister, the National Rifle Association, which represents gun owners, the NSSF promotes the arming of America—for hunting, shooting sports, self-defense, and the cultural significance that many Americans invest in firearms. The Sandy Hook massacre is the worst in the United States since the April 2007 rampage at Virginia Tech, which took place not too far from the NRA’s headquarters in Fairfax, Va.

Painful geographic juxtaposition of pointless slaughter and a marketing association doesn’t suggest anything profound. These are awful coincidences.

Or maybe there is something significant in the proximity.

The NSSF happens to be in Connecticut because that state, along with Massachusetts, has a gun-making tradition going back to the 18th century. In modern times, though, the unremarkable headquarters of the gun industry, or the gun owners’ lobby, could be in any pleasant exurban town: Aurora, Colo., for example, site of July’s movie theater bloodshed, or the community near Milwaukee where a gunman took six innocent lives at a Sikh temple in August.

The horror in Newtown is just the latest reminder that America is a gun culture. Firearms are both ordinary and, in many parts of the country, hallowed. They permeate our society. Private citizens own some 300 million pistols, revolvers, rifles, and shotguns. And the manufacturers and distributors that pay dues to the NSSF and make contributions to the NRA are selling more every day. This will not change.

If recent history serves as a guide, in fact, gun sales will rise in coming days. Fear of new gun control laws will send tens of thousands of consumers to Main Street shops and firearm websites. It happened after the January 2011 shopping mall massacre in Tucson, Ariz., in which former Rep. Gabby Giffords was maimed, and after most of the other recent mass public shootings.

Then Democrats in Congress will probably propose a piece of legislation or two that would tinker with the rules for legally acquiring firearms. These potential adjustments may make sense (e.g., restricting obscenely large ammunition magazines) or they may be utterly pointless (banning “assault weapons” that in terms of lethality are no different from grandpa’s wooden-stock deer hunting rifle). Either way, enacting such laws—which remains unlikely, given Republican control of the House of Representatives—would do little or nothing to stop mass shootings or common street crime.

Why? Because no politician, not President Barack Obama, not House Democratic Leader Nancy Pelosi—no one in mainstream Washington—is going to propose confiscating any of the millions of firearms or magazines already in private hands. Imagine being the police chief or sheriff given the task of forcibly collecting people’s guns or mags. It ain’t happening. We are too far down the road.

So prohibit 50-round drum magazines, if you like. In my view, that would not endanger the Second Amendment. Neither would it stop the next determined whack job from packing two 30-round magazines, or three 15-round magazines. The hardware is out there. Fiddling with the rules governing how new guns or mags are sold won’t stop the mass murders.

What, then, is to be done? First, we should acknowledge that some humans are sick and evil. In a heavily armed society, the existence of sick, evil people will, from time to time, lead to disaster.

If I were running a school or a movie theater or a house of worship, I would hire the highest-quality licensed, armed security available. No Second Amendment issue there. If there had been an armed guard at the Newtown school, it’s at least possible he would have brought down the killer and saved a lot of lives. Security guards are not a panacea. Yet we have them at sports stadiums and airports. In Israel, a guy with a gun on his hip stands in front of every elementary school.

Another thought on the gun massacre front: We must seriously rethink how we deal with extreme mental illness. Current laws make it almost impossible to get dangerously ill individuals involuntarily committed until they have their fingers on the triggers. More imaginative, flexible rules in this regard would allow us to medicate more dangerous people and separate them from firearms. (As a side benefit, this approach might also keep hundreds of thousands of mentally ill individuals from violating criminal laws and landing behind bars. More aggressive civil commitment offers a humane alternative to our current de facto policy of housing the mentally ill in prison.)

In terms of more ordinary street crime, we ought to study the factors that have made cities like New York much safer over the past 20 years. Gun control laws did not accomplish that improvement. Gun control laws in New York have remained the same, while homicide rates have plummeted. Why have bad guys in New York, and many other big cities, been leaving their guns at home, rather than bringing them with them on their rounds? How can we replicate that achievement?

While we mourn the dead in Newtown, those are questions worth exploring.

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UPDATE 3-Cricket-Hughes shines as Australia reach 299-4

* Hughes falls just short of century

* Clarke and Hussey combine for 101

* Welegedera takes 3-99 (Adds quotes)

HOBART, Dec 14 (Reuters) – Phil Hughes made a solid 86 on his return to test cricket before Michael Clarke and Mike Hussey took up the running and steered Australia to 299 for four at close of play on the first day of the first test against Sri Lanka on Friday.

Hughes was the only batsmen to fall in the final session, lasting only a couple of overs after lunch before being bowled through the gate by Chanaka Welegedera, giving the Sri Lankan seamer his third wicket of the day.

Clarke, who had made 70 not out, and Hussey, unbeaten on 37, batted through the remainder of the day and if the evidence of their prolific partnerships in the recent series against South Africa is anything to go by, will take some shifting.

“Overall, 299 for four puts the ball in our court,” said Hughes. “I thought we were outstanding today. It really gives us momentum going into tomorrow.”

Sri Lanka’s bowlers, dubbed this week as the worst pace attack ever to tour Australia by former test bowler Rodney Hogg, made life uncomfortable for the batsmen at times but struggled for any real penetration under cloudy skies at Bellerive Oval.

“I think we showed we can put Australia under pressure and hopefully the bowlers will be fresh in the morning and we can get them out for less than 100 additional runs,” said Welegedera, who finished with 3-99 on his return after nine months out injured.

Clarke, who passed 1,400 runs for the year, has now put on 731 runs in partnerships with Hussey in the last four tests and will be looking to plunder a few more on Saturday despite taking a couple of painful knocks to his legs.

Friday, however, belonged to Hughes.

The lefthander was recalled to the side on the back of good domestic form following the retirement of Ricky Ponting at the end of the series against the Proteas.

The 24-year-old reached his fourth test half century with a square drive for three runs and then initially accelerated towards a century, most notably with an ugly but effective slog for six off spinner Rangana Herath.

CALAMITOUS RUNOUT

On the ground where his second spell as a test batsman ended amid questions about his technique after two failures against New Zealand last year, Hughes scored eight fours and one six in his 166-ball knock before Welegedera struck with a superb ball.

“It was nice to get a few,” he said. “It would have been nice to get a few more and get into three figures.”

Australia had lost openers Ed Cowan (four) and David Warner in the opening session, the latter run out for 57 on the stroke of lunch after a calamitous misunderstanding with Hughes.

Shane Watson, dropping down to fourth in the batting order to allow Hughes to come in at number three, followed them to the pavilion for 30 shortly before tea, the victim of an exceptional diving catch in the slips by skipper Mahela Jayawardene.

That was a second wicket for Welegedera and a measure of redemption for the bowler after he had Hughes caught behind for 77 only for the umpire to call a no ball.

Welegedera had also made the early breakthrough for the tourists when Cowan tried to pull a short delivery only for the ball to catch him high on the bat and carry to mid-on where Shaminda Eranga took a simple catch.

It could have been even better for the Sri Lankans, who were only centimetres away from the perfect start to the morning after Clarke had won the toss and elected to bat.

Cowan edged the second delivery of the day from Nuwan Kulasekara to the slips but Angelo Mathews was just unable to get his hands to it, despite an athletic dive. (Editing by Peter Rutherford)

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Look How Much of the World Doesn’t Use Social Media (or the Internet)

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Adele’s “21″ is top-selling U.S. iTunes album of 2012

LOS ANGELES (Reuters) – British singer Adele notched another accolade on Thursday as iTunes announced that her Grammy-winning album “21″ was the top-selling record of 2012 in its U.S. store, extending the disc’s successful run almost two years after it was released.

Adele, 24, who last year became the first artist to secure three iTunes milestones with top-selling album, single and artist of the year, came in ahead of country-pop star Taylor Swift‘s “Red” and British folk band Mumford & Sons‘ “Babel.”

ITunes did not reveal its sales or download figures.

British boy band One Direction’s debut album “Up All Night” and current Grammy nominees fun.’s debut “Some Nights” rounded out the five top-selling albums on iTunes in the United States.

“21,” released in February 2011, has performed strongly in the U.S. music charts this year following the singer’s Grammy-sweeping win in six categories in February 2012.

Adele also landed Screen Actors Guild and Golden Globe nominations for her sultry James Bond theme song “Skyfall” this week, becoming a strong contender in the best song category for Hollywood’s awards season.

“Thank you so much for the honor of being included in something as brilliant as the Golden Globes! Never in a million years did I ever think I’d come close to such a thing! Truly wonderful … thank you to the Bond family for giving me the opportunity,” the singer said in a statement on Thursday.

ITunes U.S. compiled their Best of 2012 list by looking at the most downloaded items from the Apple iTunes store.

Canadian pop star Carly Rae Jepsen had the top-selling track for her infectious breakthrough summer single “Call Me Maybe.”

Post-apocalyptic action film “The Hunger Games” was the best-selling movie while the second season of British aristocratic period drama “Downton Abbey,” another Hollywood awards favorite, was iTunes’ top-selling television series.

The iTunes Best of 2012 lists can be seen at www.itunes.com/AppStoreBestof2012

(Reporting by Piya Sinha-Roy, editing by Jill Serjeant and Mohammad Zargham)

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China, S.Africa suspend Brazil beef over BSE doubt

BRASILIA (Reuters) – China and South Africa informed Brazil on Thursday that they were suspending imports of beef from the world’s biggest exporter of the meat following a case of atypical BSE that was confirmed last week, Brazilian agriculture ministry officials said.

Including Japan, which suspended imports on Monday, three countries have now restricted purchases of beef from Brazil while seeking details about the death of an elderly cow in 2010 which never actually developed the disease.

None of these countries are significant buyers of Brazilian beef. Brazil’s top customer, Russia, has so far imposed no such restrictions, though it said on Thursday that it was weighing its options.

Brazil has launched a diplomatic offensive to clarify the details of the case of suspected atypical BSE, which it has been at pains to differentiate from regular BSE – known as mad cow disease – which is usually caused by contaminated feed.

Atypical BSE can arise in elderly cattle due to a spontaneous genetic mutation that causes it to begin producing distorted proteins known as prions. The proteins can trigger BSE, which eventually destroys the animal’s nervous system, and it is believed humans ingesting beef from a stricken animal can contract a fatal form of the disease.

The 13-year-old cow in southern Brazil tested positive for prions, a result confirmed by the World Organization for Animal Health (OIE) last week. But it died of other causes in 2010 and never actually developed the disease.

The animal was buried on the farm where it had been used for breeding purposes and never entered the food chain.

Outbreaks of mad cow disease in Europe, North America and Japan in the past decade, following an epidemic in Great Britain in the late 1980s, prompted some importers to embargo shipments and roiled the industry on several occasions.

In April, the United States reported a case of atypical BSE in an animal which never entered the food chain, but the country escaped a backlash from importers.

The Brazilian agriculture ministry’s secretary for animal and plant health, Enio Pereira, told Reuters this week that much of the two-year delay between the cow’s death and confirmation of prions in its tissue was caused by a logistical anomaly at the laboratory.

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HMRC warns 300,000 late filers

13 December 2012 Last updated at 19:06 ET

About 300,000 people who have failed to send in their tax returns for 2010-11 could soon see their goods seized.

The taxman is sending warning letters to those who have now run up late-filing penalties of £1,300 for that year, under self-assessment.

They can still pay, or ask for the penalty to be taken off their income in 2013-14 if they are in the PAYE system.

The letters are part of a continuing campaign against a persistent minority of non-filers.

A spokesman for HM Revenue & Customs (HMRC) said the defaulters could still pay their fines, and submit the late tax returns.

“These non-filers have ignored numerous communications from HMRC, dating back to April 2011, including flyers, reminder letters, penalty notices and warning letters,” he said.

“A customer can still phone us if they think they should not be in self-assessment, and will be taken through a number of questions to indicate if they should be in self-assessment or not.

“If they shouldn’t have been in it for 2010-11, penalties will then be waived,” he added.

About 7,000 higher-rate taxpayers who had missed tax returns from earlier years were sent similar warning letters in October.

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Aides: Chavez in tough fight, may miss swearing-in

CARACAS, Venezuela (AP) — Somber confidants of President Hugo Chavez say he is going through a difficult recovery after cancer surgery in Cuba, and one close ally is warning Venezuelans that their leader may not make it back for his swearing-in next month.

Information Minister Ernesto Villegas said Wednesday night that Chavez was in “stable condition” and was with close relatives in Havana. Reading a statement, he said the government invites people to “accompany President Chavez in this new test with their prayers.”

Villegas expressed hope about the president returning home for his Jan. 10 swearing-in for a new six-year term, but said in a written message on a government website that if Chavez doesn’t make it, “our people should be prepared to understand it.”

Villegas said it would be irresponsible to hide news about the “delicateness of the current moment and the days to come.” He asked Venezuelans to see Chavez’s condition as “when we have a sick father, in a delicate situation after four surgeries in a year and a half.”

Moving to prepare the public for the possibility of more bad news, Vice President Nicolas Maduro looked grim when he acknowledged that Chavez faced a “complex and hard” process after his latest surgery.

At the same time, officials sought to show a united front amid the growing worries about Chavez’s health and Venezuela’s future. Key leaders of Chavez’s party and military officers appeared together on television as Maduro gave updates on Chavez’s condition.

“We’re more united than ever,” said Maduro, who was flanked by National Assembly President Diosdado Cabello and Oil Minister Rafael Ramirez, both key members of Chavez’s inner circle. “We’re united in loyalty to Chavez.”

Analysts say Maduro could eventually face challenges in trying to hold together the president’s diverse “Chavismo” movement, which includes groups from radical leftists to moderates, as well as military factions.

Tapped by the 58-year-old president over the weekend as his chosen political heir, Maduro is considered to be a member of radical left wing of Chavez’s movement that is closely aligned with Cuba’s communist government.

Cabello, a former military officer who also wields power within Chavez’s movement, shared the spotlight with Maduro by speaking at a Mass for Chavez’s health at a military base.

Just returned from being with Chavez for the operation, Cabello called the president “invincible” but said “that man who is in Havana … is fighting a battle for his life.”

After Chavez’s six-hour operation Tuesday, Venezuelan television broadcast religious services where people prayed for Chavez, interspersed with campaign rallies for upcoming gubernatorial elections.

On the streets of Caracas, people on both sides of the country’s deep political divide voiced concerns about Chavez’s condition and what might happen if he died.

At campaign rallies ahead of Sunday’s gubernatorial elections, Chavez’s candidates urged Venezuelans to vote for pro-government candidates while they also called for the president to get well.

“Onward, Commander!” gubernatorial candidate Elias Jaua shouted to a crowd of supporters at a rally Wednesday. Many observers said it was likely Chavez’s candidates could get a boost from their supporters’ outpouring of sympathy for Chavez.

Opposition leader Henrique Capriles, who lost to Chavez in the October presidential election and is running against Jaua, complained Wednesday that Chavez’s allies are taking advantage of the president’s health problems to try to rally support. He took issue with Jaua’s statement to supporters that “we have to vote so that the president recovers.”

Maduro looked sad as he spoke on television, his voice hoarse and cracked at times after meeting in the pre-dawn hours with Cabello and Ramirez. The pair returned to Venezuela about 3 a.m. after accompanying Chavez to Cuba for his surgery.

“It was a complex, difficult, delicate operation,” Maduro said. “The post-operative process is also going to be a complex and hard process.”

Without giving details, Maduro reiterated Chavez’s recent remarks that the surgery presented risks and that people should be prepared for any “difficult scenarios.”

The constitution says presidents should be sworn in before the National Assembly, and if that’s not possible then before the Supreme Court.

Former Supreme Court magistrate Roman Duque Corredor said a president cannot delegate the swearing-in to anyone else and cannot take the oath of office outside Venezuela. A president could still be sworn in even if temporarily incapacitated, but would need to be conscious and in Venezuela, Duque told The Associated Press.

If a president-elect is declared incapacitated by lawmakers and is unable to be sworn in, the National Assembly president would temporarily take charge of the government and a new presidential vote must be held within 30 days, Duque said.

Chavez said Saturday that if an election had to be held, Maduro should be elected president.

The dramatic events of this week, with Chavez suddenly taking a turn for the worse, had some Venezuelans wondering whether they were being told the truth because just a few months ago the president was running for his fourth presidential term and had said he was free of cancer.

Lawyer Maria Alicia Altuve, who was out in bustling crowds in a shopping district of downtown Caracas, said it seemed odd how Maduro wept at a political rally while talking about Chavez.

“He cries on television to set up a drama, so that people go vote for poor Chavez,” Altuve said. “So we don’t know if this illness is for that, or if it’s that this man is truly sick.”

Some Chavez supporters said they found it hard to think about losing the president and worried about the future. His admirers held prayer vigils in Caracas and other cities this week, holding pictures and singing hymns.

Chavez has undergone four cancer-related surgeries since June 2011. He has also undergone months of chemotherapy and radiation treatments. Throughout his treatments, Chavez has kept secret some details of his illness, including the exact location and type of the tumors.

Ecuadorean President Rafael Correa wished his close ally the best, while also acknowledging the possibility that cancer might end his presidency. “Chavez is very important for Latin America, but if he can’t continue at the head of Venezuela, the processes of change have to continue,” Correa said at a news conference in Quito.

___

Associated Press writer Christopher Toothaker contributed to this report.

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Margo Martindale joins FX’s “The Americans”

NEW YORK (TheWrap.com) – Margo Martindale, who won an Emmy for her role on FX’s “Justified,” is returning to the network on the new spy series “The Americans.”

The show, which stars Matthew Rhys and Keri Russell as an undercover KGB couple in Reagan-era America, premieres January 30. Martindale has signed on to appear in at least eight episodes as “Claudia,” a KGB illegal who delivers assignments to the couple.

The casting reunites Martindale with “Justified” creator Graham Yost, an executive producer of “The Americans.” Martindale won the Emmy Award for Outstanding Supporting Actress in a Drama Series for her performance as Mags Bennett on “Justified.”

Since her exit from the show, Yost has talked about how much he misses working with the actress.

“What I do regret is just not having Margo on the show, in that she’s such a tremendous actress and such a great person,” he told TheWrap. “That was the hard part.”

Since leaving “Justified,” Martindale has appeared on CBS’s now-canceled “A Gifted Man” and has signed on for Showtime’s “Masters of Sex.”

“The Americans” was created by former CIA agent Joe Weisberg, who also executive produces. Besides Yost, it is also executive produced by Joel Fields and Amblin Television heads Justin Falvey and Darryl Frank. The series is produced by Fox Television Studios and FX Productions.

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Dozens sue pharmacy, but compensation uncertain

NASHVILLE, Tenn. (AP) — Dennis O’Brien rubs his head as he details ailments triggered by the fungal meningitis he developed after a series of steroid shots in his neck: nausea, vomiting, dizziness, drowsiness, blurred vision, exhaustion and trouble with his speech and attention.

He estimates the disease has cost him and his wife thousands of dollars in out-of-pocket expenses and her lost wages, including time spent on 6-hour round trip weekly visits to the hospital. They’ve filed a lawsuit seeking $ 4 million in damages from the Massachusetts pharmacy that supplied the steroid injections, but it could take years for them to get any money back and they may never get enough to cover their expenses. The same is true for dozens of others who have sued the New England Compounding Center.

“I don’t have a life anymore. My life is a meningitis life,” the 59-year-old former school teacher said, adding that he’s grateful he survived.

His is one of at least 50 federal lawsuits in nine states that have been filed against NECC, and more are being filed in state courts every day. More than 500 people have gotten sick after receiving injections prepared by the pharmacy.

The lawsuits allege that NECC negligently produced a defective and dangerous product and seek millions to repay families for the death of spouses, physically painful recoveries, lost wages and mental and emotional suffering. Thirty-seven people have died in the outbreak.

“The truth is the chance of recovering damages from NECC is extremely low,” said John Day, a Nashville attorney who represents several patients who have been sickened by fungal meningitis.

To streamline the process, attorneys on both sides are asking to have a single judge preside over the pretrial and discovery phases for all of the federal lawsuits.

This approach, called multidistrict litigation, would prevent inconsistent pretrial rulings and conserve resources of all parties. But unlike a class-action case, those lawsuits would eventually be returned to judges in their original district for trial, according to Brian Fitzpatrick, a law professor at Vanderbilt University Law School in Nashville.

Even with this approach, Fitzpatrick noted that federal litigation is very slow, and gathering all the evidence, records and depositions during the discovery phase could take months or years.

“Most of the time what happens is once they are consolidated for pretrial proceedings, there is a settlement, a global settlement between all the lawyers and the defendants before anything is shipped back for trial,” he said.

A lawyer representing NECC, Frederick H. Fern, described the consolidation process as an important step.

“A Boston venue is probably the best scenario,” Fern said in an email. “That’s where the parties, witnesses and documents are located, and where the acts subject to these complaints occurred.”

Complicating efforts to recover damages, attorneys for the patients said, NECC is a small private company that has now recalled all its products and laid off its workers. The company’s pharmacy licenses have been surrendered, and it’s unclear whether NECC had adequate liability insurance.

Fern said NECC has insurance, but they were still determining what the policy covers.

But Day says, “It’s clear to me that at the end of the day, NECC is not going to have sufficient assets to compensate any of these people, not even 1 percent.”

As a result, many attorneys are seeking compensation from other parties. Among the additional defendants named in lawsuits are NECC pharmacist and co-founder Barry Cadden; co-founder Greg Conigliaro; sister company Ameridose and its marketing and support arm, Medical Sales Management.

Founded in 2006 by Cadden and Conigliaro, Ameridose would eventually report annual revenue of $ 100 million. An NECC spokesman didn’t respond to a request for the pharmacy’s revenue.

While Federal Drug Administration regulators have also found contamination issues at Westborough, Mass.-based Ameridose, the FDA has said it has not connected Ameridose drugs to infection or illness.

Under tort law, a lawsuit has to prove a defendant has a potential liability, which in this case could be anyone involved in the medical procedure. However, any such suit could take years and ultimately may not be successful.

“I would not be surprised if doctors, hospitals, people that actually injected the drugs, the people that bought the drugs from the compounding company, many of those people will also be sued,” said Fitzpatrick.

Plaintiffs’ attorneys said they’re considering that option but want more information on the relationships between the compounding pharmacy and the hundreds of hospitals and clinics that received its products.

Day, the attorney in Tennessee, said the clinics and doctors that purchase their drugs from compounding pharmacies or manufacturers could be held liable for negligence because they are in a better position to determine the safety of the medicine than the patients.

“Did they use due care in determining from whom to buy these drugs?” Day said.

Terry Dawes, a Michigan attorney who has filed at least 10 federal lawsuits in the case, said in traditional product liability cases, a pharmaceutical distributor could be liable.

“We are looking at any conceivable sources of recovery for our clients including pharmaceutical supply places that may have dealt with this company in the past,” he said.

Ten years ago, seven fungal meningitis illnesses and deaths were linked to injectable steroid from a South Carolina compounding pharmacy. That resulted in fewer than a dozen lawsuits, a scale much smaller than the litigations mounting up against NECC.

Two companies that insured the South Carolina pharmacy and its operators tried unsuccessfully to deny payouts. An appellate court ruled against their argument that the pharmacy willfully violated state regulations by making multiple vials of the drug without specific prescriptions, but the opinion was unpublished and doesn’t set a precedent for the current litigation.

The lawsuits represent a way for patients and their families recover expenses, but also to hold the pharmacy and others accountable for the incalculable emotional and physical toll of the disease.

A binder of snapshots shows what life is like in the O’Briens’ rural Fentress County, Tenn., home: Dennis hooked up to an IV, Dennis in an antibiotics stupor, bruises on his body from injections and blood tests. He’s had three spinal taps. His 11-day stay in the hospital cost over $ 100,000, which was covered by health insurance.

His wife said she sometimes quietly checks at night to see whether her husband of 35 years is still breathing.

“In my mind, I thought we were going to fight this and get over it. But we are not ever going to get over it,” said Kaye O’Brien.

Marjorie Norwood, a 59-year-old grandmother of three who lives in Ethridge, Tenn., has spent just shy of two months total in the hospital in Nashville battling fungal meningitis after receiving a steroid injection in her back. She was allowed to come home for almost a week around Thanksgiving, but was readmitted after her symptoms worsened.

Family members are still dealing with much uncertainty about her recovery, but they have not filed a lawsuit, said their attorney Mark Chalos. He said Norwood will likely be sent to a rehabilitation facility after her second stay in the hospital rather than return home again.

Marjorie Norwood’s husband, an autoworker, has taken time off work to care for her and they depend on his income and insurance.

“It doesn’t just change her life, it changes everyone else’s life around her because we care about her and want her to be happy and well and have everything that she needs,” said her daughter, Melanie Norwood.

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Europe deepens union with ECB as chief bank watchdog

BRUSSELS (Reuters) – Europe clinched a deal on Thursday to give the European Central Bank new powers to supervise euro zone banks from 2014, embarking on the first step in a new phase of closer integration to help underpin the euro.

After more than 14 hours of talks and following months of tortuous negotiations, finance ministers from the European Union‘s 27 countries agreed to hand the ECB the authority to directly police at least 150 of the euro zone’s biggest banks and intervene in smaller banks at the first sign of trouble.

“This is a big first step for banking union,” EU Commissioner Michel Barnier told a news conference. “The ECB will play the pivotal role, there’s no ambiguity about that.”

The euro rose to a session high in Tokyo of 1.3080 against the U.S. dollar on news of the deal.

After three years of piecemeal crisis-fighting measures, agreeing on a banking union lays a cornerstone of wider economic union and marks the first concerted attempt to integrate the bloc’s response to problem banks.

The new system of supervision should be up and running by March 1, 2014, following talks with the European Parliament, although ministers agreed that could be delayed if the ECB needed longer to prepare itself.

The plan sets in motion one of the biggest overhauls of any European banking system since the financial crisis began in mid-2007 with the near collapse of German lender IKB.

The onus is now on EU leaders, who meet in Brussels on Thursday and Friday, to give it their full political backing.

In an about-turn, German Finance Minister Wolfgang Schaeuble dropped earlier objections that had led him to clash openly with his French counterpart, Pierre Moscovici, last week over the ECB’s role in banking supervision.

With time running out to meet a year-end deadline, both sides managed to settle their differences and Germany won concessions to temper the authority of the ECB’s Governing Council over the new supervisor.

Agreement on bank surveillance is a crucial first step towards a broader banking union, or common euro zone approach to dealing with failing banks that in recent years dragged down countries such as Ireland and Spain.

The next pillar of a banking union would be the creation of a central system to close troubled banks.

The decision also sends a strong signal to investors that the euro zone’s 17 members, from powerful Germany to stricken Greece, can pull together to tackle the bloc’s problems.

‘STEP BY STEP’

Other difficult issues remain.

At a summit in June, EU leaders pledged that once a common bank supervisor was in place, the bloc’s rescue mechanism would have the power to directly recapitalize struggling banks.

Countries like France, Italy and Spain are keen for those powers to be in place as soon as possible. But Germany, worried it could be forced to foot the bill for struggling banks across the bloc, is not in a rush.

“We have reached the main points to establish a European banking supervisor that should take on its work in 2014,” Schaeuble told reporters. “We stand by what we agreed, to bring Europe forward step by step.”

In the longer term, there is also disagreement over how the burden of winding down failed banks should be shared.

The deal foresees banks with assets of 30 billion euros, or larger than one-fifth of their country’s economic output, being supervised by the ECB rather than national supervisors.

France’s Moscovici said that would put more than 150 banks under the ECB’s watch.

Critically, it also gives the ECB authority to widen its authority to smaller banks if problems arise.

That will satisfy Germany, which wanted to maintain primary oversight of its savings and cooperative banks, nearly all of which will not fall under direct surveillance from Frankfurt unless they run into problems.

CONCESSIONS

Talks ran into the early hours of Thursday because ministers needed to resolve a potential conflict of interest between the ECB’s roles as supervisor and as guardian of monetary policy.

Such a conflict could arise if, for example, the ECB were to keep interest rates low to prop up banks.

They agreed to introduce a mediation panel to resolve disputes with national supervisors, a move Germany was satisfied would act as a counterbalance to the authority of the European Central Bank’s Governing Council.

A steering committee will guide the work of the supervisory body, which in turn is answerable to the ECB’s Governing Council. That leaves the final say with the ECB.

Reaching a deal also required granting concessions to Britain, a member of the European Union that does not use the euro, which worried that the ECB would undermine its autonomy in policing the City of London, Europe’s top financial centre.

London had asked for changes to the system of voting when regulators from across the European Union meet to flesh out EU law, such as defining the capital reserves that banks can use as buffers.

Those regulators meet under the umbrella of the European Banking Authority, but London had been concerned that countries in the euro zone would force through rules in their favor.

EU ministers agreed that a double vote would now take place – one for those in the banking union and another for non-euro countries outside – before decisions on EU regulation are taken.

(Additional reporting by Jan Strupczewski, Luke Baker, Noah Barkin and Leigh Thomas; Editing by Peter Cooney)

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‘Evita’ to close in January when Big 3 leave

NEW YORK (AP) — The Broadway revival of “Evita” — faced with trying to replace Ricky Martin, Elena Roger and Michael Cerveris — will instead close when the Big Three leave early next year.

Producers of the Tony Award-nominated revival of Tim Rice‘s and Andrew Lloyd Webber‘s landmark musical said Tuesday night they have decided against plans for an open-ended run after Martin, Roger and Cerveris leave after the Jan. 26 performance.

“Our extensive search for a new cast presented the significant challenges of not only replacing a high-caliber trio of stars but also synchronizing the schedules of potential replacements with that of the production,” producer Hal Luftig said in a statement. “Despite going down the road with a variety of artists, the planets have simply not aligned for us to engage the right talent at the right time.”

When it closes, the musical will have played 26 previews and 337 performances, far less than the original’s more than 1,580 shows played between 1979 and 1983.

A national tour will launch in September 2013 at the Providence Performing Arts Center in Providence, R.I., and a cast album has been released, including the songs “Don’t Cry for Me Argentina” and “High Flying Adored.” The cast for the tour has not been announced.

The revival opened March 12 at the Marquis Theatre, directed by Michael Grandage and choreographed by Rob Ashford. It has broken the theater’s box office record seven times, though has seen the box office slump at times.

Last week, it pulled in $ 920,994, or a little more than half its $ 1,666,936 potential. The average ticket price was $ 111.73 and the top premium went for $ 275.

The musical tells the story of Argentina’s Eva Peron, who rose from the slums to the presidential mansion. Roger plays Eva, Cerveris her husband and Martin is Che.

___

Online: http://evitaonbroadway.com

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Cardiome to pay $20 million, settle debt deal with Merck

(Reuters) – Cardiome Pharma Corp said it will pay former partner Merck & Co $ 20 million by March 31 to settle debt obligations related to a licensing deal for a heart drug.

Shares of Cardiome jumped as much as 51 percent to 37 Canadian cents on the Toronto Stock Exchange on Tuesday. Its U.S.-listed shares also rose 52 percent on the Nasdaq.

The company said in September that Merck returned the global marketing and development rights for intravenous and oral versions of their heart drug, six months after dropping the development of the oral version.

The drug vernakalant is an experimental treatment for chronic atrial fibrillation, a heart rhythm disorder that can lead to stroke and heart failure.

Cardiome, which had a cash balance of $ 53.6 million at the end of September, owed Merck $ 50 million. Merck had granted Cardiome an interest-bearing credit facility of up to $ 100 million.

The companies signed the collaboration and licensing agreement for vernakalant in April 2009.

“Complete resolution of our $ 50 million debt obligation to Merck removes a significant financial and operational overhang for Cardiome,” said William Hunter, interim CEO of Cardiome, which develops drugs for diseases of the heart and circulatory system.

The settlement will terminate the credit facility and will release and discharge the collateral security taken in respect of the advances under the line of credit, Cardiome said in a statement.

Brokerage firm Canaccord Genuity raised its price target on the stock to 40 cents from 35 cents.

(Reporting by Bhaswati Mukhopadhyay in Bangalore; Editing by Roshni Menon)

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Indonesians Still Love Their BlackBerrys

For Sanuri, a customer service technician at a Jakarta electronics chain, buying a phone is a big decision. The 28-year-old father of one (who like many Indonesians has only one name) makes about $ 160 a month, minimum wage in the Indonesian capital. But like many Jakarta residents, he’s willing to spend more for an impressive-looking phone. Last year he decided to get rid of his old Nokia (NOK) in favor of a $ 440 BlackBerry Torch. To finance it, he had to get a loan from his employer.

The phone was worth the expense, says Sanuri, who relies on the free BlackBerry Messenger service to keep in touch with colleagues and schedule client visits. “Everyone knows what the others are doing,” he says. Even though Indonesian retailers are offering more alternatives to BlackBerry, Sanuri isn’t switching. “There are more benefits I can get from BlackBerry,” he says.

While smartphone users around the world are tossing their BlackBerrys and buying Google’s (GOOG) Android-powered phones and Apple’s (AAPL) iPhones, Indonesia remains a rare bright spot for Research In Motion (RIMM). The global market share for the Waterloo (Ont.)-based company’s smartphones fell to just 4.3 percent in the third quarter of this year, down from 9.5 percent in the same quarter of 2011, according to market research firm IDC. Yet in Indonesia, the BlackBerry operating system accounts for 37 percent of the market. RIM is still losing ground there, just not as quickly as elsewhere (in 2011, BlackBerrys accounted for 43 percent of the market). Android is now the top operating system, but BlackBerry remains ahead of the 2.5 percent share for No. 3 Apple iOS, thanks largely to the dominance of BBM. Indonesians also like RIM’s low-cost BlackBerry Internet Service plans such as BIS Social and BIS Lite that offer access to social networking sites like Twitter and Facebook (FB) for as little as $ 4.69 a month.

“Any retailer has to have BlackBerry,” says Ryota Inaba, chief executive officer of Rakuten Belanja Online, an e-commerce joint venture of Japanese online retailer Rakuten and Global Mediacom (BMTR), Indonesia’s biggest media company. Indonesia “is the market for RIM.” Inaba is a BlackBerry user himself, albeit a reluctant one. “I don’t like using BlackBerry, to be honest,” he says. But few of Inaba’s 40 staff members have high-end smartphones and a lot of them don’t even use e-mail, preferring instead to chat over BBM. “BlackBerry is the fastest way to communicate,” says Inaba, who sends about 20 instant messages a day via the BBM service.

Indonesia isn’t as coveted a market as China or India, but it does have the world’s fourth-largest population (some 242 million people), and its economy is expected to increase more than 6 percent this year. RIM clearly views it as a market worth protecting. Singapore-based spokesman Benjamin Chelliah says RIM is “currently investigating” launching a new money transfer system for its Indonesian BBM platform. RIM is also trying to foster Indonesia’s growing app developer community. In October, RIM opened a BlackBerry Innovation Center at the Bandung Institute of Technology to provide scholarships and other financial support to young engineers working on BlackBerry mobile apps; the same month, RIM CEO Thorsten Heins traveled to Jakarta to promote the brand.

In late November, RIM hosted a two-day conference for app developers in Bangkok, part of a campaign to build interest ahead of the January launch of its new operating system, BlackBerry 10. Regional managing director Urpo Karjalainen told attendees that RIM is “absolutely committed” to Asian markets, and that its “unique BlackBerry service has been the foundation of our success here.”

Fending off competition and slowing its market share slide won’t be easy. Google’s Android operating system has been making significant inroads into Southeast Asia. Samsung has been the main beneficiary, with its smartphone market share doubling from a year ago to 40 percent. RIM’s share across the region is now 14 percent, down from 18 percent in 2011. Nokia is taking aim at Indonesia too, announcing on Dec. 4 the launch of two Lumia smartphones using Microsoft’s (MSFT) Windows 8 operating system.

In response, RIM and retailers are offering cheaper BlackBerrys priced around $ 100. “There’s going to be a little bit of an OS war,” says Sudev Bangah, country manager in Jakarta for IDC. As that fight heats up, aggressive pricing and new BBM services will allow “RIM to reinvent itself in a market it cannot afford to lose.”

The new operating system will probably have limited impact on Indonesians in rural areas, who prefer cheaper phones. But for the upscale market, a pricey new BlackBerry might draw interest in Jakarta, where people “are willing to spend a little bit more,” says Bangah, who expects the new OS to boost BlackBerry shipments next year. In Indonesia, at least, RIM’s not finished yet.

The bottom line: Even in Indonesia, where they’re still popular, BlackBerrys are losing ground, going from 43 percent of the market last year to 37 percent.

With Harry Suhartono

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Australian prank call radio to donate profits to nurse’s family

CANBERRA (Reuters) – The Australian radio station behind a prank call to a British hospital will donate its advertising revenue until the end of the year to a fund for the family of the nurse who apparently took her own life after the stunt, the company said on Tuesday.

Southern Cross Austereo, parent company of Sydney radio station 2Day FM, said it would donate all advertising revenue, with a minimum contribution of A$ 500,000 ($ 525,000), to a memorial fund for the nurse, Jacintha Saldanha, who answered the telephone at the hospital treating Prince William’s pregnant wife, Kate.

The company has suspended the Sydney-based announcers, Mel Greig and Michael Christian, scrapped their “Hot 30″ programme and suspended advertising on the station in the wake of the Saldanha’s death. Southern Cross said it would resume advertising on its station from Thursday.

“It is a terrible tragedy and our thoughts continue to be with the family,” Southern Cross Chief Executive Officer Rhys Holleran said in a statement.

“We hope that by contributing to a memorial fund we can help to provide the Saldanha family with the support they need at this very difficult time.”

(Reporting by James Grubel; Editing by Robert Birsel)

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US designates Syria’s Jabhat al-Nusra front a ‘terrorist’ group at lightning speed

The US State Department designated the Jabhat al-Nusra militia fighting Bashar al-Assad’s government in Syria a foreign terrorist organization today.

The speed with which the US government moved to designate a fairly new group that has never attacked US interests and is engaged in fighting a regime that successive administrations have demonized is evidence of the strange bedfellows and overlapping agendas that make the Syrian civil war so explosive.

The State Department says Jabhat al-Nusra (or the “Nusra Front“) is essentially a wing of Al Qaeda in Iraq, the jihadi group that flourished in Anbar Province after the US invaded to topple the Baathist regime of secular dictator Saddam Hussein. During the Iraq war, Sunni Arab tribesmen living along the Euphrates in eastern Syria flocked to fight with the friends and relatives in the towns along the Euphrates river in Anbar Province.

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The terrain, both actual and human, is similar on both sides of that border, and the rat lines that kept foreign fighters and money flowing into Iraq from Syria work just as well in reverse. Now, the jihadis who fought and largely lost against the Shiite political ascendancy in Iraq are flocking to eastern Syria to repay a debt of gratitude in a battle that looks more likely to succeed every day.

The Nusra Front has gone from victory to victory in eastern Syria and has shown signs of both significant funding and greater military prowess than the average citizens’ militia, with veterans of fighting in Iraq, Afghanistan, and Libya among its numbers.

The US of course aided the fight in Libya to bring down Muammar Qaddafi. In Afghanistan and Iraq, the chance to fight and kill Americans was the major drawing card.

In Iraq, the US toppled a Baathist dictatorship dominated by Sunni Arabs, opening the door for the political dominance of Iraq’s Shiite Arab majority and the fury of the country’s Sunni jihadis. In Syria, a Baathist regime dominated by the tiny Alawite sect (a long-ago offshoot of Shiite Islam) risks being brought down by the Sunni majority. Iraq’s Shiite Prime Minister Nouri al-Maliki is in the odd position of now rooting for a Baathist regime to survive, frightened that a religiously inspired Sunni regime may replace Assad and potentially destabilize parts of his country from Haditha in Anbar’s far west to the northern city of Mosul.

For the US, the situation is more complicated still. The Obama administration appears eager for Assad to fall, but is also afraid of what might replace him, not least because of Syria’s chemical weapons stockpile. If the regime collapses, the aftermath is sure to be chaotic, much as it was in Libya, where arms stores were looted throughout the country. The presence of VX and sarin nerve gas, and the fear of Al Qaeda aligned militants getting their hands on it, has the US considering sending in troops to secure the weapons.

That’s the context in which today’s designation was made – part of an overall effort to shape the Syrian opposition to US liking, and hopefully have influence in the political outcome if and when Assad’s regime collapses. But while the US has been trying to find a government or leadership in waiting among Syrian exiles, Nusra has been going from strength to strength. Aaron Zelin, who tracks jihadi groups at the Washington Institute for Near East Policy, notes in a recent piece for Foreign Policy that 20 out of the 48 “martyrdom” notices posted on Al Qaeda forums for the Syria war were made by people claiming to be members of Nusra.

Zelin writes that it’s highly unusual for the US to designate as a terrorist group anyone who hasn’t attempted an attack on the US. In fact, the US only designated the Haqqani Network in Afghanistan, which had been involved in attacks on US troops there for over a decade, this September.

His guess as to why the US took such an unusual step?

The U.S. administration, in designating Jabhat al-Nusra, is likely to argue that the group is an outgrowth of the Islamic State of Iraq (ISI). While there is not much open-source evidence of this, classified material may offer proof — and there is certainly circumstantial evidence that Jabhat al-Nusra operates as a branch of the ISI.

Getting Syria’s rebels to disavow Jabhat al-Nusra may not be an easy task, however. As in Iraq, jihadists have been some of the most effective and audacious fighters against the Assad regime, garnering respect from other rebel groups in the process. Jabhat al-Nusra seems to have learned from the mistakes of al Qaeda in Iraq: It has not attacked civilians randomly, nor has it shown wanton disregard for human life by publicizing videos showing the beheading of its enemies. Even if its views are extreme, it is getting the benefit of the doubt from other insurgents due to its prowess on the battlefield.

Will it hurt the group’s support inside Syria? It’s hard to see how. The US hasn’t formally explained its logic yet, but it’s hard to see how that will matter either. The rebellion against Assad has raged for almost two years now and the country’s fighters are eager for victory, and revenge. The US has done little to militarily assist the rebellion, and fighters have been happy to take support where they can get it.

Most of the money or weapons flowing into the country for rebels has come from Gulf states like Saudi Arabia and Qatar and some of that support, of course, has ended up in the hands of Islamist militias like Nusra.

Usually the US doesn’t like support flowing to its designated terrorist organizations, and leans on countries like Saudi Arabia to cut off support. But in this case, a doctrinaire enforcement of its will could look like helping Assad (who has insisted everyone fighting his government is a terrorist since long before Nusra even existed).

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“The Colbert Report” mames new co-executive producer, head writer

LOS ANGELES (TheWrap.com) – “The Colbert Report” has promoted former supervising producer and head writer Barry Julien to co-executive producer, series host, writer and executive producer Stephen Colbert said Monday. In addition to Jullien’s promotion, Opus Moreschi, previously a writer for the series, has been moved up to head writer on the Comedy Central news-show spoof.

Julien joined “The Colbert Report” as a writer in 2007, moving to head writer in 2009 and picking up the supervising producer title last year. Moreschi came aboard the show in 2008.

“Barry Julien and Opus Moreschi are tireless, visionary producers and incredibly talented writers,” Colbert said of the promotions. “For instance they wrote this sentence.”

Both Julien and Moreschi have won Writers Guild Awards and Emmy Awards during their “Colbert Report” stints.

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More Than Half of Hispanic Coloradans Lack Dental Insurance

The organization Colorado Trust reported on Monday that the results of a new Colorado Health Access Survey shows that more than half of Hispanics in the state do not have dental insurance. The overall number of people in the state without dental insurance grew 17 percent in in two years. Here are the details.

* The results of the 2011 Colorado Health Access Survey, released this month, show that 52.8 percent of Hispanic Coloradans lack dental insurance. This is higher than the rate of uninsured white Coloradans, at 39.1 percent, and black Coloradans, at 29.9 percent.

* The number of Hispanic Coloradans without dental care increased by 11 percent from 2008-09 to 2011, the survey showed.

* Among both kindergarten and third-grade children, the survey stated, more Hispanic children have at least one cavity than black or white children. The prevalence of untreated tooth decay is higher among Hispanic children in the state.

* According to Colorado Trust, having dental insurance is associated with seeking and receiving dental care. In 2011, 76.9 percent of the people who had dental insurance visited a dental professional. That number declined to 44.5 percent among those without insurance.

* Some factors affecting dental care besides insurance status include costs for services not covered by insurance and a lack of dental providers in rural areas of the state, Colorado Trust reported.

* The study found that Coloradans were more likely to forego dental care due to cost than any other type of care.

* Seniors 65 and older made up the age group most likely to not have dental insurance in Colorado, according to the study. Those living in rural areas were the least likely to visit a dental professional.

* Around 2.1 million people in the state did not have dental insurance in 2011, including 36.3 percent of the employed, working-age adults in the state. 18.6 percent of employed, working-age adults in Colorado lacked health insurance in 2011.

* Colorado Medicaid limits dental benefits to enrollees age 20 and younger, and traditional Medicare does not provide a dental benefit, the study stated.

* “Oral health care should not be considered optional or a luxury,” said Ned Calonge, M.D., President and CEO of The Colorado Trust. “Going without basic dental care often leads to oral disease with unnecessary pain, more invasive care and higher costs, and can result in even bigger health problems.”

* The 2011 Colorado Health Access Survey was conducted through random telephone interviews with members of 10,352 households across the state.

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Oil edges up ahead of US central bank meeting

BANGKOK (AP) — Oil prices edged up Tuesday despite growing uncertainty about the strength of China‘s economic recovery as investors looked to the Federal Reserve to implement new measures to help the U.S. economy.

Benchmark crude for January delivery was up 23 cents to $ 85.80 per barrel at late afternoon Bangkok time in electronic trading on the New York Mercantile Exchange. The contract fell 37 cents to close at $ 85.56 per barrel on the Nymex on Monday.

Brent crude, used to price international varieties of oil, was up 33 cents per barrel to $ 107.66 on the ICE Futures exchange in London.

The Fed, which begins a two-day policy meeting later Tuesday, is widely expected to say it will start buying more long-term Treasurys to replace a program that expires at year’s end.

Under the expiring “Operation Twist” program, the Fed has sold short-term Treasurys and used the proceeds to buy $ 45 billion a month in long-term Treasurys, which is a way of “twisting” long-term rates lower, relative to short-term rates.

Meanwhile, an abrupt fall in China’s export growth and slowing import growth suggests that the recovery in the world’s No. 2 economy is faltering, analysts at Capital Economics said in a report.

The data “have added to our doubts about the strength and sustainability of China’s rebound,” the report said. “The weekend’s figures on investment, retail sales and industrial production were more encouraging but they underlined that recent strength has been driven by infrastructure spending rather than a broad-based pick-up across the economy.”

Markets are also awaiting this week’s meeting in Vienna of the Organization of the Petroleum Exporting Countries, which produces about a third of the world’s oil supply.

In other energy futures trading on Nymex:

— Heating oil rose 1.5 cents at $ 2.912 a gallon.

— Natural gas fell 1.6 cents to $ 3.444 per 1,000 cubic feet.

— Wholesale gasoline rose 0.7 cents to $ 2.605 a gallon.

___

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McAfee wants to return to US, ‘normal life’

BACALAR, Mexico (AP) — Software company founder John McAfee said Sunday he wants to return to the United States and “settle down to whatever normal life” he can.

In a live-stream Internet broadcast from the Guatemalan detention center where he is fighting a government order that he be returned to Belize, the 67-year-old said “I simply would like to live comfortably day by day, fish, swim, enjoy my declining years.”

Police in neighboring Belize want to question McAfee in the fatal shooting of a U.S. expatriate who lived near his home on a Belizean island in November.

The creator of the McAfee antivirus program again denied involvement in the killing during the Sunday Internet video hook-up, during which he answered what he said were reporters’ questions.

His comments were sometimes contradictory. McAfee is an acknowledged practical joker who has dabbled in yoga, ultra-light aircraft and the production of herbal medications.

The British-born McAfee first said that returning to the United States “is my only hope now.” But he later added, “I would be happy to go to England, I have dual citizenship.”

He was emphatic that “I cannot ever return to Belize …. there is no hope for my life if I am ever returned to Belize.”

“If I am returned,” he said, “bad things will clearly happen to me.”

He descibed the health problems that had him briefly hospitalized earlier this week after Guatemalan authorities detained him for entering the country illegally. He apparently snuck in across a rural, unguarded spot along the border.

“I did not eat for two days, I drank very little liquids, and for the first time in many years I’ve been smoking almost non-stop,” he said. “I stood up, passed out hit my head on the wall, came to,” though he now said he was feeling better.

McAfee praised the role his 20-year-old Belizean girlfriend, Samantha Vanegas, played in his escape from Belize, where he claims he is being persecuted by corrupt politicians. Authorities in Belize deny that they are persecuting him and have questioned his mental state.

“Sam saved the day many times” during their escape, he said, and suggested he would take her with him to the United States if he is allowed to go there.

He confirmed that journalists from Vice magazine who accompanied him on his escape after weeks of hiding in Belize had unwittingly posted photos with embedded data that revealed his exact location.

“It was an error anyone could make,” he said, noting they were under a lot of pressure at the time.

McAfee has led an eccentric life since he sold his stake in the anti-virus software company named after him in the early 1990s and moved to Belize about three years ago to lower his taxes.

He told The New York Times in 2009 that he had lost all but $ 4 million of his $ 100 million fortune in the U.S. financial crisis. However, a story on the Gizmodo website quoted him as describing that claim as “not very accurate at all.”

McAfee’s Guatemalan attorney, Telesforo Guerra, says that he has filed three separate legal appeals in the hope that his client can stay in Guatemala, where his political asylum request was rejected.

Guerra said he filed an appeal for a judge to make sure McAfee’s physical integrity is protected, an appeal against the asylum denial and a petition with immigration officials to allow his client to stay in this Central American country indefinitely.

The appeals could take several days to resolve, Guerra said. He added that he could still use several other legal resources but wouldn’t give any other details.

Fredy Viana, a spokesman for the Immigration Department, said that before the agency looks into the request to allow McAfee to stay in Guatemala, a judge must first deal with the appeal asking that authorities make sure McAfee’s physical integrity is protected.

“We won’t look into (allowing him to stay) until the other appeal is resolved,” Viana said. “The law gives me 30 days to resolve the issue.”

McAfee went on the run last month after Belizean officials tried to question him about the killing of Gregory Viant Faull, who was shot to death in early November.

McAfee acknowledges that his dogs were bothersome and that Faull had complained about them, but denies killing Faull. Faull’s home was a couple of houses down from McAfee’s compound in Ambergris Caye, off Belize’s Caribbean coast.

Latin America News Headlines – Yahoo! News

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HTC still tripping Samsung up in Windows Phone race

It is not clear that Samsung (005930) even cares — but HTC (2498) continues outmaneuvering its far bigger rival when it comes to Windows Phones. The budget HTC Windows Phone 8S is no available from UK operator Three starting at the notably low £17 per month contract price. This is about half of what the monthly contract price of Samsung’s ATIV S Windows Phone model is expected to cost in the UK. Once it finally arrives. Possibly during the last week of the year. There is no firm word on when ATIV S might arrive on AT&T (T) and Verizon (VZ) at this point.

So not only did Samsung miss the U.S. and European Christmas sales seasons completely with its first Windows Phone 8 device, HTC actually managed to get both the high-end Windows Phone 8X and the budget 8S out before Christmas in some key markets. And Three now actually seems to be giving robust marketing support for HTC’s Windows Phone devices. They are featured prominently on the website and 8X buyers get a free Windows Pro upgrade for their PCs.

It is worth noting that the Windows Phone 8S looks very competitive in the UK prepaid market with a £180 price tag at Three. The Samsung Galaxy S Advance  is £270 and Nokia’s (NOK) Lumia 710 is £200.

HTC recently started looking like Jessica Biel — too bland and too expensive — but with the 8S, it might be getting some of its European budget groove back. It is now starting to look like the November sales momentum HTC just showed will extend to December.

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Half a century on, Rolling Stones rock Brooklyn

NEW YORK (Reuters) – Fifty years since their first London jam sessions, the Rolling Stones kicked off the U.S. leg of a brief anniversary tour with a vibrant show in New York on Saturday that belied their years – wrinkles and nostalgia aside.

Drummers wearing gorilla masks warmed up the crowd packed into Brooklyn’s Barclays Center as black-clad women swung their long tresses in rhythm.

Mick Jagger pranced, shimmied and howled his way through the 2-1/2 hour show, pausing to reminisce about the band’s history and its first New York concert at Carnegie Hall in 1964.

For a group whose early years were punctuated by quarrels and occasional brushes with the law, the biggest controversy ahead of Saturday’s show was the price of seats – up to $ 800, and as much as 10 times that amount on websites offering last-minute tickets.

In those days, milk was cheaper and “tickets to the Rolling Stones was – well, I’m not going to go there,” Jagger acknowledged.

The band’s last major tour was in 2007 and the latest reunion almost didn’t happen, owing in part to a spat between Jagger and guitarist Keith Richards over comments Richards made about the singer in a 2010 autobiography.

Richards joked in a recent interview: “We can’t get divorced – we’re doing it for the kids.”

A tribute video opened Saturday’s proceedings featuring celebrities heaping praise on the band.

“They’re great songs to do bad things to,” said actor Johnny Depp. “Just how skinny they all are… It really, really pisses me off,” said actress Cate Blanchett.

The Stones – average age 68 – ripped through 20 hits that began with “Get Off of My Cloud” and closed with “Sympathy for the Devil” and an encore of “You Can’t Always Get What You Want”, “Jumping Jack Flash” and “(I Can’t Get No) Satisfaction”.

Women in the crowd opened their arms wide as Jagger, wearing a silver sequined jacket, strutted along the horseshoe-shaped stage for “I Wanna Be Your Man”, a Beatles tune. The band was then joined by R&B singer Mary J. Blige for “Gimme Shelter”.

“People say ‘why do you keep doing this?’” Jagger told the crowd. He thanked fans for buying records and “generally being amazing for the last 50 years.”

The Stones started their brief diamond jubilee tour in London and are due to play twice in Newark, New Jersey.

Fans said it could be the last chance for New Yorkers to see the band live.

“It’s the only concert I wanted to see before I die,” said Lucy Webley, 33.

(Editing by Tom Pfeiffer)

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Vodafone and GSK link on African vaccines programme

LONDON (Reuters) – British mobile phone group Vodafone and drugmaker GlaxoSmithKline are joining forces on a novel project to increase childhood vaccination rates in Mozambique using text messaging.

At the same time Vodafone has formed a strategic partnership with the non-profit GAVI Alliance to study how health ministries across sub-Saharan Africa can use mobile technology to improve their immunisation programmes.

The move is the latest example of mobile phones being used to improve healthcare in Africa. Now widespread across the continent, mobile phones are already deployed in other schemes, including ones to check that people are taking HIV/AIDS drugs properly.

The one-year pilot project in Mozambique, supported by the Save the Children charity, will register mothers on a ministry of health database, alert them to the availability of vaccinations and allow them to schedule appointments by text.

The aim is to increase the proportion of children covered by vaccination by an additional 5 to 10 percent, Vodafone and GSK said on Monday.

The partnership with GAVI, which funds bulk-buy vaccinations for poorer countries, will last three years and is being supported by the British government. Britain will match Vodafone’s contribution of technology and services with a $ 1.5 million cash contribution to GAVI.

Health News Headlines – Yahoo! News

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The Mannequin is Watching You

Store mannequins are meant to catch your eye. Soon, you may catch theirs. Italian mannequin maker Almax is rolling out the EyeSee, a mannequin equipped with technology typically used to identify criminals at airports. The dummies allow retailers to glean demographic data and shopping patterns from customers as they move through stores, much as online merchants do.

Although retailers are loath to discuss the mannequins’ use, Almax Chief Executive Officer Max Catanese says five companies are using a total of “a few dozen” of them in three European countries and the U.S.—and he has outstanding orders for at least that many more. Already, he says, information collected by the €4,000 ($ 5,130) device has spurred shops to adjust window displays, store layouts, and promotions to keep consumers spending. “It’s spooky,” says Luca Solca, head of luxury goods research at Exane BNP Paribas (BNP) in London. “You wouldn’t expect a mannequin to be observing you.”

The EyeSee looks ordinary enough on the outside, with its slender polystyrene frame, blank face, and improbable poses. But inside, it’s no dummy. A camera in one eye feeds data into demographic-profiling software to determine the age, gender, and race of passersby.

The year-old device is designed for merchants who increasingly use technology to help personalize their offerings. “Any software that can help profile people while keeping their identities anonymous is fantastic,” says Uché Okonkwo, executive director of Paris-based consultant Luxe. It “could really enhance the shopping experience, the product assortment, and help brands better understand their customers.”

While some stores deploy similar technology to watch shoppers from overhead security cameras, Almax contends the EyeSee provides better data because it stands at eye level and invites customer attention. The mannequin led one store to tweak its window displays after revealing that men who shopped in the first two days of a sale spent more than women, according to Almax. Another store found that a third of visitors using one of its doors after 4 p.m. were Asian, prompting it to place Chinese-speaking staff by that entrance. Catanese declined to name clients, citing confidentiality agreements at the 40-year-old mannequin maker.

Seattle-based Nordstrom (JWN) is not a customer for the EyeSee, and its merchants think profiling software may go a step too far. “It’s a changing landscape, but we’re always going to be sensitive about respecting the customer’s boundaries,” says spokesman Colin Johnson.

U.S. and European Union regulations permit the use of cameras for security purposes, though retailers need to put up signs in their stores warning customers they may be filmed. Watching people solely for commercial gain, on the other hand, could be considered gathering personal data without consent, says Christopher Mesnooh, a partner at law firm Field Fisher Waterhouse in Paris. “If you go on Facebook (FB), before you start the registration process, you can see exactly what information they are going to collect and what they’re going to do with it,” says Mesnooh. “If you’re walking into a store, where’s the choice?”

CEO Catanese says that since the EyeSee doesn’t store any images, retailers can use it as long as they have a closed-circuit television license. “The retail community is starting to get wise to the opportunity around personalization,” says Lorna Hall, senior editor for retail and events at fashion forecaster WGSN. “The golden ticket is getting to the point where they’ve got my details, they know what I bought last time I came in.”

To give the EyeSee ears as well as eyes, Almax is testing technology that recognizes words to allow retailers to eavesdrop on what shoppers say about the mannequins’ attire. Catanese says the company also plans to add screens next to the dummies to prompt customers to consider products relevant to their profile, much as cookies and pop-up ads do on the Web.

Too much sophistication could backfire, says Hall, because there’s a fine line between technology that helps and technology that irks. A promotional prompt or a reminder about where to find women’s shoes “could become a digital version of a very pushy sales assistant,” she says. “And we all know how we feel about those.”

The bottom line: Almax’s $ 5,130 mannequins watch shoppers, using demographic-profiling software to collect data on customers for merchants.

Businessweek.com — Top News

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