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Obama denies shifting to reach political center
Politics | 2008/07/09 08:44
Asked by a voter about accusations of flip-flopping, Democrat Barack Obama dismissed the notion Tuesday that he has shifted stances on Iraq, guns and the death penalty to break with his party's liberal wing and court a wider swath of voters.

"The people who say this haven't apparently been listening to me," the likely Democratic presidential nominee said in response to a question at a town-hall style event.

Obama blamed criticism from "my friends on the left" and "some of the media" in part on cynicism that ascribes political motives for every move candidates make. "You're not going to agree with me on 100 percent of what I think, but don't assume that if I don't agree with you on something that it must be because I'm doing that politically," he said. "I may just disagree with you."

The Illinois senator was responding to a question from a self-described "reformed Republican" who said he worked for Democrat Bobby Kennedy four decades ago and thanked Obama for restoring "that faith."

"You had an interesting week of being accused of flip-flopping, which is mostly nonsense," the man said. He then asked Obama to restate his Iraq position, and Obama used the opportunity to dispel the idea he had generally changed his stances.

Since wrapping up the Democratic nomination last month, Obama has voiced positions that break with the Democratic Party's left and seem to shade his own past positions on a range of subjects. He's drawn criticism from some liberal Democrats who question his loyalty and from Republicans who accuse him of flip-flopping.

His remarks aside, Obama is clearly competing for the center of the electorate. Originally best known as an anti-Iraq war candidate, his general election commercials appear nonpartisan and make an obvious play for voters across the political spectrum by focusing on family values and patriotism as well as "welfare to work" and lower taxes.

Over the past few weeks, he angered liberals by supporting compromise electronic surveillance rules for the government's wiretapping program even though the bill provided immunity that he opposed last year for telecommunications companies that conducted warrantless eavesdropping. When the Supreme Court overturned the District of Columbia's gun ban, he said he favors both an individual's right to bear firearms and a government's right to regulate them.

And, he broke with death penalty opponents when he disagreed with the Supreme Court's decision outlawing executions of people who rape children.



Court keeps cell tower backup rules on hold
Court Watch | 2008/07/09 08:40
More than a year after they were introduced, federal rules intended to keep cell phone towers operating during natural disasters remain in limbo.

A federal appeals court on Tuesday put off deciding on the wireless industry's challenge to the regulations until the Federal Communications Commission gets preliminary clearance for the rules.

After a panel of experts appointed by the FCC pointed out that many cell towers along the Gulf Coast stopped working when they lost power during Hurricane Katrina, the agency proposed in May 2007 that all cell towers have a minimum of eight hours of backup power that would switch on in the event a tower lost its regular energy source.

The loss of power contributed to communication breakdowns that complicated rescue and recovery efforts during the 2005 disaster.

Wireless companies have said the regulations were illegally drafted and would present a huge economic and bureaucratic burden. In particular, they said, the thousands of generators or battery packs required would be expensive and local zoning rules or structural limitations could make installation impossible in some places.

The FCC agreed in October to exempt cell sites that a wireless carrier proved couldn't meet the rules. The FCC would give companies six months to report on the feasibility of installing backup power and another six months either to bring sites into compliance or explain how they would provide backup service through other means, such as portable cellular transmitters.

CTIA-The Wireless Association, Sprint Nextel Corp. and others asked the U.S. Court of Appeals in Washington, D.C., this year to intervene, saying the exemptions would still leave wireless companies scrambling to inspect and compile reports on thousands of towers.

The appeals court put the rules on hold while it heard each sides' arguments in May.



FTC considers backing off nicotine guidance
Health Care | 2008/07/09 04:42
The Federal Trade Commission said Tuesday that it no longer considers reliable a test for tar and nicotine used for more than 40 years and touted by the tobacco industry in marketing "light" and "low-tar" cigarettes.

The FTC said it may rescind its guidance on tar and nicotine yields that is based on that test. The commission said if the guidance is withdrawn, advertisers should no longer use terms suggesting FTC endorsement or approval of any specific test method.

The test, known as the Cambridge Filter Method, is a machine-based test that smokes cigarettes according to a standard procedure and is sometimes referred to as "the FTC method." The FTC issued its guidance in 1966 at a time when most public health officials believed reducing the amount of tar produced by a cigarette could reduce a smoker's risk of lung cancer. The commission believed that giving consumers uniform information about tar and nicotine yields of cigarettes would help them make informed decisions about the cigarettes they smoked.

But the FTC said Tuesday scientists now believe the test does not provide meaningful information on relative amounts of tar and nicotine people are likely to get from smoking different brands of cigarettes.

The main reason is that smokers often alter their behavior to get the necessary nicotine dosage, the FTC said. The techniques include taking larger and deeper puffs, smoking more and blocking the ventilation holes that may contribute to lower levels of tar and nicotine.

Nicotine acts as a stimulant and is one of the main factors contributing to the addictive quality of smoking. Tar is the residue from burning tobacco and one of the most destructive byproducts of smoking, accumulating in a smoker's lungs.



US war crimes court to resume at Guantanamo
Breaking Legal News | 2008/07/09 04:41
U.S. military tribunals at Guantanamo Bay resume this week even as new legal challenges could throw the system into further turmoil.

Five men charged in the Sept. 11 attacks, including alleged mastermind Khalid Sheikh Mohammed, are to appear Wednesday and Thursday for pretrial hearings in the Bush administration's special tribunal for terrorism suspects. Their trials have not yet been scheduled.

The suspects could get the death penalty if convicted of charges that include murder.

A judge is expected to hold hearings to explore defense allegations that Mohammed intimidated his co-defendants into refusing military lawyers.

Meanwhile, a judge in Washington is considering a challenge that could disrupt the first scheduled war crimes trial, on July 21, of Salim Hamdan, a former driver for Osama bin Laden.

Hamdan's lawyers say a recent Supreme Court decision has raised new legal issues that require U.S. District Judge James Robertson to delay the trial. The government says it wants to move forward.

Robertson has scheduled a July 17 hearing in Washington on the issue, just four days before Hamdan is to go on trial in a specially built courtroom on a former airstrip at the U.S. Navy base in Cuba.

A ruling in favor of the prisoner could also delay the trials for other men held at Guantanamo, and perhaps force the military to devise a whole new way to prosecute alleged terrorists.



Former ed superintendent joins Columbia law firm
Legal Careers News | 2008/07/09 03:44
Former South Carolina Education Superintendent Inez Tenenbaum has joined a Columbia law firm, but she'll still be working on education issues.

The State newspaper of Columbia reported Wednesday that Tenenbaum has jointed the McNair Law firm.

The newspaper reported Tenenbaum will work on financial matters, such as bond referendums for school districts seeking to build or renovate schools.

Tenenbaum was state education superintendent from 1999 to 2003. She says she's missed working with school officials.

Managing partner Bill Youngblood says the McNair law firm has represented about 60 of the state's 85 school districts on financial issues in the past five years.

Youngblood says Tenenbaum brings the firm intellect, institutional memory about public education and an understanding of government.



Senate to pass bill overhauling eavesdropping rules
Political and Legal | 2008/07/09 02:41
The Senate finally is expected to pass a bill overhauling rules on secret government eavesdropping, completing a lengthy and bitter debate that pitted privacy and civil liberties concerns against the desire to prevent terrorist attacks.

The vote, planned for Wednesday, would end almost a year of wrangling between the House and Senate, Democrats and Republicans, and Congress and the White House over the president's warrantless wiretapping program that was initiated after the Sept. 11, 2001, terrorist attacks.

A major issue was the Bush administration's insistence that the bill shield from civil lawsuits telecommunications companies that helped the government eavesdrop on Americans without court permission after 9/11.

The White House had threatened to veto the bill unless it immunized companies like AT&T Inc. and Verizon Communications Inc. from wiretapping lawsuits. About 40 such lawsuits have been filed. They are all pending before a single federal court.



Appeals court: EchoStar not barred from lease deal
Business | 2008/07/08 08:01
Federal law does not bar satellite television provider EchoStar Communications Corp. from leasing a transponder to another company to transmit network signals, a U.S. appeals court ruled Monday.

CBS Corp.'s CBS Broadcasting subsidiary, News Corp.'s Fox network and other major network affiliate groups sued EchoStar 10 years ago in South Florida to prevent the Englewood, Co.-based company, which operates the DISH satellite network, from providing distant network signals to customers who can receive local affiliates' broadcasts through regular antennas.

The Satellite Home Viewer Act of 1988 allowed carriers such as EchoStar to provide secondary transmissions of copyrighted distant network programming to "unserved households," those that could not otherwise receive the signals.

The lawsuit claimed that EchoStar was infringing on network copyrights by providing the signals to "served" households as well.

After a two-week bench trial in 2003, the district court found that EchoStar retransmitted network programs to hundreds of thousands of served homes, which it called "willful or repeated" copyright infringement. That ruling was upheld by the 11th U.S. Circuit Court of Appeals, and the U.S. Supreme Court declined to consider an appeal in January 2007.

According to court documents, EchoStar complied with an injunction that went into effect Dec. 1, 2006, by disconnecting distant network channels to about 900,000 customers — at a loss of $25 million a year.



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