Sunday, September 30, 2012

Ex-NY Times publisher Arthur Ochs Sulzberger dies

NEW YORK (AP) ? Former New York Times publisher Arthur Ochs Sulzberger, who led the newspaper to new levels of influence and profit while standing up for press freedom during some of the most significant moments in 20th-century journalism, died Saturday. He was 86.

Sulzberger, who went by the nickname "Punch" and served with the Marine Corps before joining the Times staff, first as a reporter, and then following his father and grandfather as publisher, died at his home in Southampton, N.Y., after a long illness, his family announced.

During his three-decade tenure, the newspaper won 31 Pulitzer prizes, published the Pentagon Papers and won a libel case victory in New York Times vs. Sullivan that established important First Amendment protections for the press.

"Punch, the old Marine captain who never backed down from a fight, was an absolutely fierce defender of the freedom of the press," his son, and current Times publisher, Arthur Ochs Sulzberger Jr., said in a statement. He said his father's refusal to back down in the paper's free-speech battles "helped to expand access to critical information and to prevent government censorship and intimidation."

In an era of declining newspaper readership, the Times' weekday circulation climbed from 714,000 when Sulzberger became publisher in 1963 to 1.1 million upon his retirement as publisher in 1992. Over the same period, the annual revenues of the Times' corporate parent rose from $100 million to $1.7 billion.

"Above all, he took the quality of the product up to an entirely new level," the late Katharine Graham, chairwoman of The Washington Post Co., said at the time Sulzberger relinquished the publisher's title.

Sulzberger was the only grandson of Adolph S. Ochs (pronounced ox), the son of Bavarian immigrants who took over the Times in 1896 and built it into the nation's most influential newspaper.

The family retains control to this day, holding a special class of shares that give them more powerful voting rights than other stockholders.

Power was thrust on Sulzberger at the age of 37 after the sudden death of his brother-in-law in 1963. He had been in the Times executive suite for eight years in a role he later described as "vice president in charge of nothing."

But Sulzberger directed the Times' evolution from an encyclopedic paper of record to a more reader-friendly product that reached into the suburbs and across the nation.

During his tenure, the Times started a national edition, bought its first color presses, and introduced ? to the chagrin of some hard-news purists ? popular and lucrative new sections covering topics such as food and entertainment.

"If you weren't around then, you forget the unbelievable outrage that greeted those sections. But in retrospect it was the right decision both editorially and economically," said Nicholas Lemann, dean of the Columbia University Graduate School of Journalism.

Sulzberger also improved the paper's bottom line, pulling it and its parent company out of a tailspin in the mid-1970s and lifting both to unprecedented profitability a decade later.

In 1992, Sulzberger relinquished the publisher's job to his 40-year-old son, Arthur Ochs Sulzberger Jr., but remained chairman of The New York Times Co. Sulzberger retired as chairman and chief executive of the company in 1997. His son then was named chairman. Sulzberger stayed on the Times Co. board of directors until 2002.

Reacting to news of Sulzberger's death Saturday, former Times executive editor Joseph Lelyveld said that his business success was matched by integrity in the newsroom.

"As an editor, you knew that if you went to the publisher and sought his support on an issue that you deemed to be of high importance, you could pretty much count on getting it. He knew how to back his people," Lelyveld said. "The last years have been extremely difficult with his health problems. He bore them with great courage. I admired him hugely."

President Barack Obama said Sulzberger was "a firm believer in the importance of a free and independent press ? one that isn't afraid to seek the truth, hold those in power accountable, and tell the stories that need to be told."

New York Gov. Andrew Cuomo said he "changed the course of American history with his journalistic decisions."

Significant free-press and free-speech precedents were established during Sulzberger's years as publisher, most notably the Times vs. Sullivan case. It resulted in a landmark 1964 Supreme Court ruling that shielded the press from libel lawsuits by public officials unless they could prove actual malice.

In 1971 the Times led the First Amendment fight to keep the government from suppressing the Pentagon Papers, a series of classified reports on the Vietnam War. Asked by a reporter who at the Times made the decision to publish the papers, Sulzberger gestured toward his chest and silently mouthed, "me."

Sulzberger read the more than 7,000 pages of the Pentagon Papers before deciding to publish them. After Sulzberger read the papers, he was asked what he thought. "Oh, I would think about 20 years to life," he responded.

But in a landmark decision, the U.S. Supreme Court eventually sided with the Times and The Washington Post, which had begun publishing the papers a few days after the Times.

"Punch Sulzberger was a giant in the industry, a leader who fought to preserve the vital role of a free press in society and championed journalism executed at the highest level," said Associated Press President and CEO Gary Pruitt. "The Associated Press benefited from his wisdom, both during his years on the board of directors and his thoughtful engagement in the years that followed."

Gay Talese, who worked at the Times as a reporter when Sulzberger took over and chronicled the paper's history in his book "The Kingdom and the Power," called him "a brilliant publisher. He far exceeded the achievements of his father in both making the paper better and more profitable at a time when papers are not as good as they used to be."

In their book "The Trust," a history of the Ochs-Sulzberger family and its stewardship of the paper, Susan E. Tifft and Alex S. Jones cited Sulzberger's "common sense and unerring instincts."

In an interview in 1990 with New York magazine, Sulzberger was typically candid about the paper's readership.

"We're not New York's hometown newspaper," he said. "We're read on Park Avenue, but we don't do well in Chinatown or the east Bronx. We have to approach journalism differently than, say, the Sarasota Herald Tribune, where you try to blanket the community."

New York City's mayor from 1978 to 1989, Ed Koch, said Sulzberger also had great humility, despite his extraordinary influence.

"With enormous power and authority he was a humble a person as you could ever meet," Koch said Saturday. "People with enormous power often dominate a room. He did not. And yet the power and authority was there."

In the mid-1980s Sulzberger authorized the building of a $450 million color printing and distribution plant across the Hudson River in Edison, N.J., part of a plan to get all printing out of cramped facilities in the Times building in Manhattan.

Sulzberger was born in New York City on Feb. 5, 1926, the only son of Arthur Hays Sulzberger and his wife, Iphigene Ochs Sulzberger, Adolph's only child. One of his three sisters was named Judy, and from early on he was known as "Punch," from the puppet characters Punch and Judy.

Sulzberger's grandfather led the paper until his death in 1935, when he was followed by Sulzberger's father, who remained at the helm until he retired in 1961.

Meanwhile, Arthur served in the Marines during World War II and, briefly, in Korea. He later observed, in a typically self-deprecating remark, that "My family didn't worry about me for a minute. They knew that if I got shot in the head it wouldn't do any harm."

Except for a year at The Milwaukee Journal, 1953-54, the younger Sulzberger spent his entire career at the family paper. He joined after graduating from Columbia College in 1951. He worked in European bureaus for a time and was back in New York by 1955, but found he had little to do.

Sulzberger had not been expected to assume power at the paper for years. His father passed control to Orvil E. Dryfoos, his oldest daughter's husband, in 1961. But two years later Dryfoos died suddenly of heart disease at 50. Punch Sulzberger's parents named him publisher, the fourth family member to hold the title.

"We had all hoped that Punch would have many years more training before having to take over," said his mother, Iphigene. Sulzberger relied on senior editors and managers for advice, and quickly developed a reputation as a solid leader.

At various times, Sulzberger was a director or chairman of the Newspaper Advertising Bureau, American Newspaper Publishers Association and American Press Institute. He was a director of The Associated Press from 1975 to 1984.

Sulzberger married Barbara Grant in 1948, and the couple had two children, Arthur Jr. and Karen. After a divorce in 1956, Sulzberger married Carol Fox. The couple had a daughter, Cynthia, and Sulzberger adopted Fox's daughter from a previous marriage, Cathy.

Carol Sulzberger died in 1995. The following year, Sulzberger married Allison Cowles, the widow of William H. Cowles 3rd, who was the president and publisher of The Spokesman-Review and Spokane Chronicle of Spokane, Wash. She died in 2010.

Source: http://news.yahoo.com/ex-ny-times-publisher-arthur-ochs-sulzberger-dies-142532804--finance.html

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Why US economy is flashing conflicting signals

WASHINGTON (AP) ? Anyone puzzled by the most recent U.S. economic data has reason for feeling so: The numbers sketch a sometimes contradictory picture of the economy.

We've learned that:

Consumers are more confident but aren't spending much. Fewer people are losing jobs, but not many are being hired. Home and stock prices are up, but workers' pay is trailing inflation. Auto sales have jumped, but manufacturing is faltering.

This is what an economy stuck in a slow-growth rut can look like, and it's a focal point of the presidential campaign. The U.S. economy grew at a scant 1.3 percent annual rate in the April-June quarter ? too weak to reduce high unemployment. And most economists foresee little if any improvement the rest of the year.

Many Americans are reducing debt loads instead of spending freely. Builders are borrowing less and constructing homes at a modest pace. Businesses are being cautious about hiring and expanding.

In the long run, reduced debts and rising home and stock prices will help rebuild household wealth, boost consumer spending and spur job growth. But it's taking time.

"The U.S. outlook could best be described as one of near-term weakness and long-term strength," says Chris Jones, an economist at TD Bank.

Here are some of the mixed signals recent economic reports have sent with the election now five weeks away:

? HOUSING

After plunging when the housing bubble burst, home prices are finally rising steadily, according to the Standard & Poor's/Case-Shiller index. The index rose in July compared with a year earlier. That was the second straight year-over-year gain. Still, the annual pace of new-home sales dipped in August from a two-year high in July. At the same time, sales were nearly 28 percent above the level a year earlier.

The Good News: For most Americans, a home is their most valuable asset. As its value increases, homeowners grow wealthier and typically feel more confident. That tends to spark more consumer spending ? the U.S. economy's main fuel. Rising prices also lead more people to sell homes, further energizing the housing market. More sales would likely spur further homebuilding.

The Bad News: Home construction now plays too small a role in the economy to provide much lift. It made up only 2.4 percent of the economy in the April-June quarter. That compares with a peak of 6.3 percent at the end of 2005 and a longer-run average of just under 5 percent. "Housing would therefore need to be on steroids to provide a major boost to growth," Paul Dales, an economist at Capital Economics, said in a note to clients.

Looking Ahead: Record-low mortgage rates are likely to keep homes affordable. The Federal Reserve's decision to spend $40 billion on mortgage bonds each month until the recovery accelerates should keep rates low and increase home sales. Rising builder confidence also suggests that construction will keep growing. But many Americans lack the credit to qualify for a mortgage. Or they can't afford the larger down payments now required.

? CONSUMER CONFIDENCE

Americans are feeling better about the economy despite chronically weak job gains and pay levels that lag inflation. The private Conference Board's index of consumer confidence is at a seven-month peak. A survey of consumer sentiment by the University of Michigan has reached its second-highest point in nearly five years. Both surveys found that consumers are lukewarm about current economic conditions but more optimistic about the future.

The Good News: When consumers are confident, they're generally more likely to spend. Both surveys also found that consumers expect hiring to pick up.

The Bad News: You can't spend confidence. Rising confidence doesn't always lead to higher spending. And when an economy is healthy, consumer confidence is usually much higher than it is now.

Looking Ahead: Without more hiring and stronger pay raises, the recent gains in consumer confidence might not last.

? BUSINESS CONFIDENCE

Businesses appear to be less confident than consumers. A survey of chief executives of large U.S. companies has found their outlook to be at its most pessimistic level since the fall of 2009 ? just after the recession officially ended. Orders for long-lasting factory goods plummeted in August. In part, that reflects Europe's financial and economic crises, which have reduced demand for U.S. exports. Six European countries are in recession. More are expected to follow.

The Good News: A plunge in orders for commercial aircraft caused most of the drop in demand for factory goods. That category of orders fluctuates from month to month. It will likely rebound. In the meantime, orders that reflect business investment plans are up.

The Bad News: Business spending on equipment and software has been a big source of economic growth in recent years. Orders for such goods have dropped sharply in the past three months, threatening to further slow U.S. growth.

Looking Ahead: Many corporate executives lack confidence in part because of fears that the U.S. economy will fall off a "fiscal cliff" early next year. That's when tax increases and deep spending cuts will take effect unless Congress reaches a budget deal. Those changes could throw the economy into recession. But business spending and hiring could pick up if the budget issues are resolved.

? CONSUMER SPENDING

Americans spent more in August. But that was mainly because they had to pay more for gas and some other items. Adjusted for inflation, consumer spending barely rose in August. That's been true for most of this year.

The Good News: Americans were willing to spend more, even if much of it went in the gas tank. Consumers were even willing to save less in order to spend more. That's another sign of confidence.

The Bad News: Income failed to keep up with inflation, which is why consumers had to dip into savings. That isn't sustainable for very long. The national average retail price for gas is $3.79 a gallon, nearly 50 cents higher than in early July and a record for late September. If gas prices stay high, Americans would have less to spend on other goods, from cars and furniture to electronics and vacations, that fuel economic growth.

Looking Ahead: Spending will likely grow sluggishly without bigger increases in workers' pay and perhaps a moderation in gas prices.

? JOBS

The number of people applying for unemployment benefits fell sharply in the week ending Sept. 22. That suggests that the weak job market could strengthen. Employers added just 96,000 jobs in August ? barely enough to keep up with the growth of the working-age population. The unemployment rate did fall to 8.1 percent from 8.3 percent. But that was because many people gave up looking for work, so they were no longer counted as unemployed.

The Good News: Weekly applications for unemployment benefits track layoffs. So the drop indicates that companies aren't laying off many people.

The Bad News: Falling layoffs aren't translating into healthy job growth. The pace of layoffs in July was the lowest in a decade ? even lower than when the economy was booming. Yet employers are hiring at a subpar pace.

Looking Ahead: The September jobs report will come out Friday. Economists think the economy will show a modest gain of about 100,000 jobs. Given employers' anxiety about the U.S. fiscal cliff and Europe's economic crisis, few expect a significant pickup in hiring soon.

Source: http://news.yahoo.com/why-us-economy-flashing-conflicting-signals-160631605--finance.html

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Saturday, September 29, 2012

How not to raise legal ethics issues as to a candidate - Le?gal In?sur ...

Starting with my post Elizabeth Warren?s law license problem?last Monday and continuing through the week, I have laid out the facts and documents regarding Elizabeth Warren?s practice of law from her Cambridge office over the course of a decade.

I also have noted that Warren refuses to disclose the full extent of her practice, so what we know is limited to what we have been able to dig out of public records.? ?I wish we had more from the Warren campaign, but any additional facts almost certainly will make the situation worse for Warren as such facts will reveal more cases and more legal practice.

A number of critics have disagreed with my legal conclusions from these facts, although some of them are coming around to recognize the seriousness of Warren?s predicament.

But not a single critic has been able to show that any of the facts I?presented are incorrect.? Nor could they, because?I presented the documents.

Contrast my fact-based, document-driven presentation with?the way in which Georgetown Law Professor Adam Levitin raised ethical issues with regard to Scott Brown?s practice of law at the Credit Slips blog, Did Scott Brown Facilitate Predatory Loans?

In that blog post, which has been linked and cited as authority by Huffington Post, Levitin suggested that Brown may have ethical problems, without presenting any?evidence.

Instead, Levitin just threw out a bunch of questions wondering whether Brown facilitated predatory lending because one of the mortgage companies for which he did title work in local house closings owned a separate company which was accused of predatory lending.

That?s right, the only facts cited by Levitin were that Brown did title?work for a company which itself did nothing wrong, but which owned a separate entity which allegedly did something wrong.? No facts were presented as to what Brown himself allegedly did wrong.

From that sparse and tangential (at best) relationship, Levitin wrote, in part (emphasis mine):

But at the very least, Brown?s association raises a host of questions. Who were those ?mortgage companies? that he worked for?? It?s nice that Brown named a bunch of local banks, but I wonder what lies under the ?mortgage company? label?? What did Scott Brown understand about the mortgage market he was facilitating? Did he recognize that there was a bubble?? (He was a town property assessor at one point, so one would think he?d notice this sort of thing.) If not, what does that say?? And if so, what does that say? How many predatory loans did Scott Brown facilitate?? How many of the loans where he handled the closing resulted in foreclosure?? What would he say to those families that lost their homes to predatory loans?

I suspect that Brown?s reply to these questions would be ?Aw shucks, I?m just a guy with a pickup truck with 238,000 miles on it who was helping people out by doing the paperwork on their real estate closings.?? That?s not good enough. Either Brown was so inept that he didn?t see that the loans he was closing were becoming untenable or Brown saw the problem and didn?t do anything. As long as the music?s playing, the guy?s gotta earn a living, right?

I have highlighted the sentence in question because it suggests that loans Brown closed became ?untenable? and that there were problems ?Brown saw ? and didn?t do anything? about.? Where is the evidence of that?? Where is the public record of loans Brown closed which were predatory?? Where is the evidence that such loans resulted in an inordinate number of foreclosures?

Levitin also doesn?t present any law as to how, assuming some of the loans Brown closed were ?predatory,? Brown violated any ethical obligations by acting as the closing attorney.?? Indeed, Levitin conceded there were no legal ethics issues:

Obviously as a legal matter, the attorney handling a real estate closing has no duty to shield people from making a bad business decision (particularly if he?s representing the bank).

There is no evidence and no law to suggest that Brown had ethical issues.? Instead,?Levitin just threw out hypothetical questions which, by the way in which they?were asked, presumed that Brown did something wrong.

From that, Levitin concluded:

At the very least, it looks like Scott Brown was riding the mortgage bubble, serving as a cog in the machine.

It is irresponsible law professor blog posts like Levitin?s which make it harder for serious issues, such as Warren?s law license problem, to be taken seriously.

When there are law professors who just throw ethical accusations?with reckless abandon, it besmirches those of us who do take the time to present the evidence and the law, and to raise issues the mainstream media doesn?t understand or willfully ignores.

Update:??This is interesting:

?She expects a lot,? said Adam Levitin, a professor at Georgetown Law School who was a student of Warren?s at Harvard between 2002 and 2005. But, he said, Warren also gives a lot.

?She prepares assiduously and takes the teaching very seriously as part of her job. No one doesn?t think they?ve gotten their money?s worth out of the class,? Levitin said.

I?m sure if I dug deeper, I?d find more connection. But I?m too busy digging for facts as to Warren?s practice of law.

?

?

?

Source: http://legalinsurrection.com/2012/09/how-not-to-raise-legal-ethics-issues-as-to-a-candidate/

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Friday, September 28, 2012

Share your thoughts - Jason Foscolo LLC | Food Law

Lauren Handel is back today with further insight into the possible legal objections to California?s Proposition 37, the popular referendum on mandatory GMO labeling of food products. Once again, she puts policy and science debates to the side and examines just how challenging it will be for Prop 37 to successfully navigate our constellation of existing food laws.?

In addition to the First Amendment challenges Prop 37 that we covered yesterday, the opponents of the measure will seek to invalidate the law on the grounds that it is preempted by federal food labeling requirements.? Preemption is the constitutional principle that federal law trumps state law.? State laws may not conflict with federal laws.? Specifically with regard to food labeling, the Food, Drug, and Cosmetic Act (?FDCA?), Federal Meat Inspection Act (?FMIA?) and the Poultry Products Inspection Act (?PPIA?) all contain provisions expressly stating that they preempt conflicting state laws.

Opponents of Prop 37 have a strong argument that the law would be preempted by FMIA and PPIA to the extent it would regulate the labeling of meat and poultry products.? That is because FMIA and PPIA prohibit state labeling requirements for meat and poultry products? ?in addition to, or different than? federal requirements.? Prop 37 would impose requirements ?in addition to [and] different? from federal requirements because it would require labeling of genetically-engineered meat or poultry products whereas no such requirement exists in federal law.? In addition, Prop 37 would impose different requirements in direct conflict with federal law in that it would prohibit ?natural? claims on minimally-processed meat and poultry products that would be permitted?and could even be pre-approved by USDA?under federal law.

In contrast, Prop 37?s requirements for labeling foods within the ambit of FDCA (nearly everything other than meat and poultry) probably are not preempted.? FDCA?s preemption language prohibits state labeling requirements that are ?not identical to? federal requirements.? In interpreting this provision, courts have held that states may impose labeling requirements addressing issues not regulated by FDA.? Because FDA has not regulated the use of ?natural? claims, many courts have held that states are free to do so.? The same analysis should apply to regulation of genetically-engineered food labels.? Because FDA policy does not require nor prohibit disclosures that foods are genetically engineered, Prop 37?s disclosure requirement (with respect to foods other than meat and poultry) should not be preempted.

Nevertheless, challengers may argue that Prop 37 is preempted because it would conflict with FDA ingredient labeling requirements.? A? recent decision of a federal court in California held that state requirements to disclose of genetically-engineered ingredients are preempted by FDA?s exhaustive regulation of ingredient listings.? That decision, however, does not apply to Prop 37 because Prop 37 would not require manufacturers to identify ingredients that were genetically engineered.? Rather, Prop 37 would require only a statement on the front or back of a package stating that a food is genetically engineered or has been produced with genetic engineering.

A somewhat better argument for preemption might be that, in requiring manufacturers to identify products as genetically engineered, Prop 37 would cause them to violate FDCA?s prohibition against making misleading claims.? The argument would be that a ?genetically-engineered? label would mislead consumers into believing that the food is materially different than (and inferior to) a comparable product containing traditional ingredients.? While this argument may have some appeal in light of FDA?s position that genetically-engineered foods are no different than their traditional counterparts, FDA has stated (albeit in a draft guidance document) that simple, factual statements of the type Prop 37 would require?that a food is genetically engineered or contains genetically-engineered ingredients?are not likely to be misleading.? Although FDA?s guidance on this issue would not be binding on a court, it is some evidence that the agency would not consider the disclosure claims required by Prop 37 to run afoul of FDCA?s prohibitions against misleading claims.

?by Lauren Handel


Categorised as: GMO Labeling, Labeling


Source: http://jasonfoscolo.com/?p=814

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Did the butler do it? A Q&A on the Vatican trial

VATICAN CITY (AP) ? The Vatican has never seen anything like it.

Pope Benedict XVI's trusted butler, who dressed the pontiff each morning, attended his daily Mass and helped serve him his meals, stands accused of stealing the pope's private correspondence and giving it to a journalist who wrote a blockbuster book about the secrets of one of the most secretive institutions in the world.

Paolo Gabriele, a 46-year-old father of three, goes on trial Saturday in the most sensational crime committed on Vatican territory since the 1998 double murder of the Swiss Guard commander and his wife. That case never came to trial because the suspect killed himself.

Gabriele, who was replaced after the scandal broke in May, is scheduled to face the three-judge Vatican tribunal, charged with aggravated theft and facing up to four years in prison if convicted. He has already confessed and asked to be pardoned by the pope ? something most Vatican watchers say is a given if he is convicted.

WHAT PAPERS WERE STOLEN?

According to prosecutors, Gabriele had an "enormous" stash of papal documents at his Vatican City apartment. After his May 24 arrest, he admitted he photocopied documents and gave them to Italian journalist Gianluigi Nuzzi, whose "His Holiness: The secret papers of Pope Benedict XVI" was published in May. The most damaging letter reproduced in the book was written by the former No. 2 Vatican administrator to the pope, in which he begged not to be transferred as punishment for exposing alleged corruption. The prelate, Monsignor Carlo Maria Vigano, is now the Vatican's U.S. ambassador.

WHY WAS IT LEAKED?

Nuzzi has said his source, code-named "Maria" in the book, wanted to shed light on the secrets of the church that were damaging it. Taken as a whole, the documents seemed aimed at discrediting Cardinal Tarcisio Bertone, the Vatican secretary of state and Benedict's longtime trusted deputy. Bertone, 77, a canon lawyer and soccer enthusiast, has frequently been criticized for perceived shortcomings in running the Vatican.

DID THE BUTLER DO IT?

Prosecutors quoted Gabriele as saying he knew taking the documents was wrong, but that he felt the Holy Spirit was inspiring him to shed light on the problems he saw around him. "Seeing evil and corruption everywhere in the church ... I was sure that a shock, even a media one, would have been healthy to bring the Church back on the right track," Gabriele was quoted by prosecutors as saying during a June 5 interrogation. They quoted him as saying he never intended to hurt the church or Benedict.

IF HE CONFESSED, WHY BOTHER WITH A TRIAL?

In the U.S. legal system, a case such as this might result in a plea bargain. But the Vatican legal system doesn't provide for plea bargains, according to Giovanni Giacobbe, the prosecutor in the Vatican appeals court. He noted that confessions can be coerced or given up to protect someone else. Gabriele's confession must be corroborated by other evidence uncovered during the investigation in order for him to be convicted, he said. A co-defendant, Vatican computer expert Claudio Sciarpelletti, is charged with aiding and abetting Gabriele.

HOW DOES A VATICAN TRIAL WORK?

The hearing opens Saturday at 9:30 a.m. No oaths are taken ? as the Vatican legal system, like the Italian one on which it is based, assumes a suspect may lie for self-protection. The hearing is declared open and one of the judges reads the charges aloud against Gabriele. He doesn't enter a plea. The defense can make objections to the indictment. Both sides may enter their witness lists. Eventually, the presiding judge ? Giuseppe Dalla Torre, president of the Vatican City State tribunal ? questions Gabriele. Unlike the U.S. system, prosecutors don't question suspects directly and there is no cross-examination; the judge conducts the interrogations on behalf of both sides. Eventually, after all witnesses are heard, objections dealt with and evidence examined, the judges convene in their chambers and issue a ruling.

HOW LONG WILL IT TAKE?

There has never been a trial like this before in the Vatican tribunal, so there's no way to know how long it will take. Much depends on what, if any, objections are raised and how many witnesses are called. Hearings are usually only held on Saturdays, since the judges on the Vatican tribunal hold full-time jobs elsewhere.

WHAT'S THE TRIBUNAL LIKE?

The trial takes place in the small, austere courtroom inside a four-story, peach-colored palazzo inside Vatican City. A plaque near the entrance reads "Judicial Offices" and a carved stone papal seal frames the doorway. A metal detector greets visitors. The courtroom features rich wood paneling and gilded molding on the ceiling, and a small crucifix is centered behind the chairs of the three lay judges. Gabriele, assuming he attends, can sit at one of the tables facing the judges with his lawyer. The prosecutor has his own place at the other table. There is a small section for the public.

WHO CAN ATTEND A VATICAN TRIAL?

On paper, Vatican court proceedings are open to the public. But Giacobbe said those wishing to attend must petition the court, which then decides whether to grant permission. Gabriele, who was granted house arrest in July after spending nearly two months in a Vatican police unit, doesn't have to attend. For the media, eight journalists attend each session and report back to the Vatican press corps. No television, still cameras or audio recording is allowed and court transcripts aren't public.

HOW HAS THE POPE AND THE VATICAN REACTED?

The Vatican took the betrayal very seriously: Benedict appointed a commission of three cardinals to investigate alongside Vatican magistrates; they delivered their confidential report to the pope over the summer. Benedict addressed the scandal for the first time a week after Gabriele was arrested, saying "The events of recent days about the Curia and my collaborators have brought sadness in my heart." But in a nod to his confidence in Bertone, he added: "I want to renew my trust in and encouragement of my closest collaborators and all those who every day, with loyalty and a spirit of sacrifice and in silence, help me fulfill my ministry."

___

Follow Nicole Winfield at www.twitter.com/nwinfield

Source: http://news.yahoo.com/did-butler-q-vatican-trial-124817543.html

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Pilot proposes with plane crash prank

One man's airborne proposal took his girlfriend's breath away when he pretended that their small plane was in trouble and asked her to read an emergency checklist that contained instructions for a "ring engagement procedure."

The groom-to-be was filming the entire episode on hidden camera, and he posted the video, "In Descent Proposal," on YouTube.

The man, Ryan Thompson, was flying his girlfriend, Carlie Kennedy, on a breathtaking flight above the Chicago skyline.

The video, which includes the date 2.11.12, contains no dialogue, just music and captions at the bottom of the screen to describe the conversation.

At first, the two are smiling. They appear happy, and the sky forms a brilliant blue backdrop.

"I thought he was surprising me for Valentine's Day," said Kennedy. "It was a gorgeous day, as you can see in the video."

Related: Russian man fakes car accident death in grisly proposal

But after a short while, the plane appears to shake and Carlie's smile falters.

"All of a sudden I felt my stomach kind of go up in my throat and I realized we were heading straight for the water," Kennedy said. "And then he [Thompson] said, 'Honey, I need you to stay calm. The flight controls aren't working.'"

In the video, Kennedy appears clearly shaken, but she complies, reading the emergency checklist he hands her.

"Unresponsive flight controls ? ," she begins, eventually getting to the instructions "to initiate the ring engagement procedure."

"Pilot in command. Determine if he is a good mate. Note: he will always love and honor you," she continues, appearing not to fully comprehend the meaning of the words .

"I genuinely did believe that we were going to die," she said, recounting the moment. "I felt like our lives depended on me making it through that checklist."

While Carlie reads, Thompson reaches into his pocket for the ring.

When she reads the question "Will you marry me?" she stops for a moment, stunned, then covers her face and bursts out laughing, casting several glances at the ring he's holding in front of her.

"Will you marry me?" he asks.

She said yes.

"A lot of the women that I've told the story [to] said, 'I would have slapped him,'" Kennedy said.

"But, for us, it was a perfect match," said her now-fiance, Thompson.

Also Read

Source: http://gma.yahoo.com/blogs/abc-blogs/pilot-proposes-plane-crash-prank-120547490--abc-news-lifestyle.html

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Insight: In U.S. soldier's death, a window into Afghan insider killings

WASHINGTON/KABUL (Reuters) - In the weeks before his death, 21-year-old Mabry Anders had grown increasingly worried that he might not come home from Afghanistan. The Army specialist was battling insomnia and would send brief, worried messages back to his family.

"He talked to me in the day, which would be in the middle of his night," his father, Dan Anders, said. "He didn't sleep. He was just worried."

There were good reasons for concern. During his six-month tour, the Taliban staged a major attack at his base, a suicide bomber had killed one of his brigade's most revered leaders, and an Afghan villager threw a fire-bomb at a vehicle he was traveling in.

But what Anders may not have expected is that his killer would be an Afghan army soldier, one of those the U.S. military is supposed to be training to take over security of the country ahead of the withdrawal of most U.S. troops by the end of 2014.

A surge in insider attacks (also known as green on blue attacks) has prompted NATO to temporarily curtail some joint operations. The move casts doubt on what exactly international forces can accomplish in those places where they cannot work alongside their Afghan allies.

Interviews in Afghanistan and the United States have uncovered new details about the attack on August 27, which also took the life of another U.S. soldier, Sergeant Christopher Birdwell. These include Taliban claims that the insurgents prepared the Afghan soldier for the killings.

"After the shooting incident a group of Taliban came to my house and said that Welayat Khan was their man," said Nazar Khan, the brother of the Afghan soldier who was killed by U.S. forces after he opened fire on the Americans.

"'We have trained him for this mission and you must be proud of his martyrdom,'" the brother quoted a local Taliban commander as saying.

Interviews with Afghan officials suggest that Welayat Khan was not properly vetted. He was admitted to the force seven months before the attack, despite presenting a fake birth certificate and having gotten a flimsy recommendation from a commander who vouched for him simply because the two men were ethnic Pashtuns, according to Afghan sources speaking on condition of anonymity.

Insider attacks now account for one in every five combat deaths suffered by NATO-led forces in Afghanistan, and 16 percent of all American combat casualties, according to 2012 data. The rising death toll has alarmed Americans and raised new, troubling questions about the unpopular war's direction.

The Pentagon is promising better vetting of Afghan recruits like Welayat Khan, and NATO last week announced it was scaling back cooperation with Afghans to reduce risk to Western troops. That includes Anders' unit, stationed at Combat Outpost Xio Haq in Laghman province, in eastern Afghanistan, which, for the moment, has halted joint operations.

But it's unclear whether the United States or NATO or the Afghan government forces they're training will be able to stop the next Welayat Khan before he strikes.

SAVE US FROM THE INFIDELS

Khan was raised in a deeply religious family in the mountain village of Shor Khil, a collection of about 100 mud-built houses near the Tora Bora mountains not far from the Pakistan border.

Relatives said they were taken by surprise when he joined the Afghan army. His cousin Rahman recounted that Welayat had lambasted Western military forces.

"Welayat had a small radio and liked to listen to news about Afghanistan. He became very upset and angry when there were reports about civilians being killed by air strikes," Rahman said. "'May Allah save us from the hands of these infidels,'" he quoted Welayat as saying.

According to family members, Welayat had shown signs of mental instability since an accident at work when he slipped on a mountain while breaking rocks for construction. Nazar Khan, Welayat's older brother, said he would suffer mental breakdowns and "get angry at minor things."

In Welayat's pictures, provided by his brother Nazar Khan, he appears clean-shaven, young, stern looking, with a mass of thick black hair. He has a long face and slender build. In one picture he is gently holding his green beret in his right hand, with his left hand resting on the barrel of a machine gun.

Work with the Afghan army meant steady paychecks of about $240 a month, helping his 15-member family. Still, his relatives asked him to quit out of fear of reprisals by the Taliban, who have warned villagers not to join the Afghan security forces.

"We have all warned him to leave the army and find another job," Rahman said.

Reprisals from the Taliban, it turns out, wouldn't be a problem.

IN COLD BLOOD

Although the Taliban claim to have trained Khan for his mission, there is nothing to suggest at this point that he knew where, when or even if he would strike on the morning of August 27. By all accounts, he did not know the two U.S. soldiers he shot.

Anders, an Army mechanic from a small town in Oregon, and Birdwell, from Windsor, Colorado, were part of an early morning clearance mission near the Afghan town of Kalagush when the lead vehicle in their convoy hit a bomb.

Improvised explosive devices, or IEDs, are hardly a novelty and, after 11 years of war, troops know how to respond. Soldiers in the convoy quickly secured the area and Anders went to help load the damaged vehicle for transport.

The American patrol had the road blocked to ensure security. But the Afghan soldiers approaching in another convoy were not seen as a potential threat, and were allowed to pass. On board that convoy was Welayat Khan.

"They are trained to trust the Afghan soldiers," Anders' mother, Genevieve Woydziak, said.

Welayat Khan was sitting at the gun turret mounted on a vehicle in the Afghan convoy. At 8:10 in the morning, as his vehicle passed Anders and Birdwell, Welayat Khan took aim at the Americans and fired.

"The rest of the Afghan soldiers at that point laid their weapons down" to avoid being shot, Woydziak said.

Welayat Khan then jumped out of the Afghan vehicle and started to run. But he didn't get very far.

An American helicopter arrived in minutes and shot Khan dead less than a kilometer away, according to a U.S. Army spokesman.

Khan's older brother said the body was so riddled with bullets that it was unrecognizable.

"The coffin was sealed," Nazar said, adding that the government declined to provide any money for the funeral because of Khan's links to the Taliban.

In hunting for an explanation, Reuters learned of an alternative narrative. Khan's brother heard from Afghan forces and an Afghan eyewitness that there was a dispute at the American roadblock, involving a pregnant women who needed to pass. In this scenario, an American at the scene told her to wait and Khan retaliated.

"My brother is a martyr and the whole family is proud of his martyrdom but we blame the Americans for inciting him to shoot," Nazar Khan said.

But a U.S. Army spokesman said there was no indication so far that Khan had any interaction with the American soldiers he killed, or with any of the other American forces, for that matter. The Army investigation is ongoing.

The Taliban appears to be claiming they were in on the attack from the start, before Welayat Khan even joined the army.

"Mullah Abdul Samad and his men came to my house a day after I buried my brother and they were saying that Welayat joined them before enrolling in the army," Nazar Khan said, referring to the village Taliban commander.

It's unclear what, beyond perhaps Welayat Khan's fake birth certificate, NATO might have caught with its newly enhanced steps to weed out dangerous Afghan soldiers, announced in the weeks after the shooting.

Many of the attacks are chalked up to personal grudges, in a country where disputes are frequently settled at gunpoint and where asking after a wife's health could be seen as offensive.

Brigadier General Roger Noble of Australia, deputy chief of staff of operations in Afghanistan, said NATO was working on creating "shooter profiles" from past cases to see if it is possible to identify worrying traits or characteristics.

Ryan Crocker, U.S. ambassador to Afghanistan until July, warned that "the Taliban have found a niche."

"I think they're finding that ... relatively easy to do," he said at an event hosted by the Carnegie Endowment for International Peace. "And our own vetting in the U.S. military is not that great, let's face it."

Taliban spokesman Zabihullah Mujahid, speaking by phone from an undisclosed location, told Reuters that "a large number" of fighters have infiltrated the Afghan security forces.

"A HERO COMES HOME"

Anders' mother was at her office on August 27 when she got a call from workers at her house in Baker City, Oregon. They told her that two Army soldiers had arrived at her doorstep.

"I served in the Army myself. We knew why they were there," she said.

It was a long, 15-mile drive back to her home, where she would learn with certainty about her son Mabry's death earlier that day on the other side of the world. She has learned more details about it since then.

The parents are still wrestling with agonizing questions.

Dan Anders, Mabry's father, who lives in Wyoming, is concerned about the U.S. rules of engagement - saying, for example, that he had learned the helicopter that shot Welayat Khan as he attempted to flee had to request authorization to fire, even though Khan had just killed his son and Birdwell.

His mother is deeply concerned about the insider threat itself, saying that her son's Army friends in Afghanistan are afraid of some of the Afghans they serve with.

"They're training with these Afghan people and they're doing their thing and they know it's wrong," she said. "They know who they can trust. They know who they can't trust. They are in fear. Every day."

Some analysts see NATO's decision last week to scale back some joint operations as a worrying sign.

Nora Bensahel at the Center for a New American Security think tank said it raised serious questions about the U.S. strategy in Afghanistan. "This will create a vicious cycle, where an emboldened Taliban increases its threats against any future joint patrols in order to make this temporary suspension permanent," Bensahel wrote.

Other critics of the war, including in Congress, have seized upon the insider attacks as an additional reason to accelerate the American withdrawal from the country.

Still, the Afghan conflict is not a top issue in the U.S. presidential election campaign and the insider attacks have not yet sparked widespread national outrage.

Mabry Anders' home town of Baker City, Oregon appears to have been largely untouched by the war until his death. His hometown newspaper noted in an editorial that Anders' killing had "erased our collective complacency" about the 11-year-old Afghan war.

The newspaper, the Baker City Herald, estimated that some 2,000 people turned out on the streets for Anders' funeral procession. Hundreds held tiny flags.

Anders was just 10 years old at the time of the September 11, 2001 attacks, and he enlisted in the Army shortly after graduating from high school. He posted lots of photos on Facebook - many showing his sense of humor, even in Afghanistan. (www.facebook.com/mabry.anders)

On the day of his service, the Herald wrote a touching article called "A Hero Comes Home," noting the different ways people in the community paid tribute to Anders. Among them was a story about a man who went to a bar after the procession and bought a shot for Anders. He left it untouched, along with a handwritten note.

"It said: 'Mabry Anders, thank you, all gave some and some gave all,'" bartender Sarah Heiner told Reuters. She kept the shot until it evaporated, days later.

(Editing by Warren Strobel and Claudia Parsons)

Source: http://news.yahoo.com/insight-u-soldiers-death-window-afghan-insider-killings-000721970.html

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Thursday, September 27, 2012

There's Going to Be a Porn Search Engine and It Might Change Your Life [Porn]

Yes. You already search freaky sex terms on porn tube sites but that's not a full-fledged search engine. This porn search engine will clean up the nasty side of online porn (viruses, malware, etc.) by delivering only official .xxx results—the whole 21 million webpage catalog. This porn search engine might be more useful than Google. More »


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