Court says Obama exceeded authority in making appointments

President Obama exceeded his constitutional authority by making appointments when the Senate was on a break last year, a federal appeals court ruled Friday. The court’s broad ruling would sharply limit the power that presidents throughout history have used to make recess appointments in the face of Senate opposition and inaction.

A unanimous three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit flatly rejected the Obama administration’s rationale for appointing three members of the National Labor Relations Board (NLRB) while the Senate was on a holiday break.

Chief Judge David B. Sentelle sharply criticized the administration’s interpretation of when recess appointments may be made, saying it would give the president “free rein to appoint his desired nominees at any time he pleases, whether that time be a weekend, lunch, or even when the Senate is in session and he is merely displeased with its inaction.” He added, “This cannot be the law.”

The issue seems certain to end up before the Supreme Court, which ultimately could clarify a president’s authority to fill his administration and appoint federal judges when a minority of the Senate blocks consideration of his choices.

Although recess appointments have been made throughout the nation’s history, they have been more commonly made by modern presidents who face partisan opposition that has made it hard for nominees to even receive a vote in the Senate.

Additionally, Friday’s decision casts doubt on hundreds of decisions the NLRB has made in the past year, ranging from enforcement of collective-bargaining agreements to rulings on the rights of workers to use social media.

The ruling also raises questions about the recess appointment of former Ohio attorney general Richard Cordray to head the fledgling Consumer Financial Protection Bureau and about the actions taken by the agency during his tenure, including major new rules governing the mortgage industry. Obama named Cordray at the same time as the NLRB nominees, and his appointment is the subject of a separate lawsuit in D.C. federal court.

The White House criticized the court ruling. “The decision is novel and unprecedented, and it contradicts 150 years of practice by Democratic and Republican administrations,” White House press secretary Jay Carney told reporters Friday. “We respectfully but strongly disagree with the ruling.”

Presidents from both parties have made hundreds of recess appointments when the Senate has failed to act on nominations. Ronald Reagan holds the record with 243. Obama’s predecessor, George W. Bush, made 105, and it was during his term that Senate Democrats began holding pro-forma sessions, some lasting less than a minute, when the Senate went on break. They contended that that kept the Senate in session and did not allow Bush to make recess appointments.

Republicans took up the practice when Obama was elected. But Obama decided to challenge it in January 2012, when the Senate was on a 20-day holiday but holding pro-forma sessions every three business days to block presidential action.

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Obama, Hollande hold phone talks on Mali offensive

WASHINGTON: US President Barack Obama voiced support Friday for France's military intervention in Mali and vowed to work with French counterpart Francois Hollande to tackle extremism across North Africa.

The two presidents discussed other "shared security concerns," including Algeria, Libya and Syria, during telephone talks, the White House said in a statement.

"The president expressed his support for France's leadership of the international community's efforts to deny terrorists a safe haven in Mali," it added.

In condemning a deadly hostage-taking operation by militants in Algeria last week, the two leaders "affirmed their mutual commitment to countering terrorism more broadly in North Africa," according to the statement.

Preliminary estimates from the Algerian authorities say 37 foreign hostages and 29 kidnappers died in an attack at the In Amenas gas field and in the military operation that followed.

Hollande also thanked Obama for his "significant support" of the effort in Mali, the White House said.

The US Air Force has deployed C-17 cargo planes to carry French troops and equipment to northern Mali, where they are trying to help flush out radical extremist fighters.

The United States also was providing intelligence to France, drawing on its network of satellites and surveillance drones.

Paris has asked Washington to help with refueling its warplanes taking part in the fight against militant fighters in Mali, but Obama's administration has yet to approve the request.

Obama and Hollande also "emphasized the need to rapidly establish" both an African-led military force in Mali and a "political roadmap that will lead to elections and restoration of democratic governance," the White House said.

The pair "condemned last week's terrorist act in Algeria," and "affirmed their mutual commitment to countering terrorism more broadly in North Africa."

Turning to Libya, in the wake of an uprising that toppled dictator Muammar Gaddafi in 2011, the two presidents "noted the importance of sustained assistance to Libya as it works to build effective security sector institutions," the statement added.

Hollande and Obama also spoke about Syria, "expressing their strong concern about the humanitarian crisis affecting not just Syria but also neighboring countries and reiterating their commitment to assisting the Syrian people achieve political transition to a post-Assad Syria," the statement said.

Syria's civil war has already claimed the lives of more than 60,000 people since March 2011, according to the United Nations, which has predicted that the number of Syrian refugees in neighboring countries will double to 1.1 million by June if the conflict does not end.

- AFP/fa

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Tight security in Delhi for Republic Day celebrations

NEW DELHI: A thick security blanket was thrown around the capital today with thousands of armed personnel keeping a tight vigil to thwart any possible terror strike or any untoward incident during the Republic Day celebrations.

Snipers with sophisticated arms were on high-rises while hundreds of police personnel kept the eight km parade route from Rajpath to Red Fort under their watch to ensure that the event passed peacefully.

Around 25,000 police personnel, including those from paramilitary forces and sharpshooters from the elite National Security Guards (NSG) were deployed across the city in the run-up to the national celebrations.

Policemen kept a tab on the visuals from over 160 CCTVs between Rajpath and Red Fort, the route of the parade.

Mobile hit teams, anti-aircraft guns and sharpshooters of the NSG were also on the job at various places while paramilitary and Delhi Police commandos kept a close watch along the route.

"There was a special emphasis on anti-sabotage checks, access control measures and intelligence coordination. The entire route of the parade was covered by special security and anti-terror arrangements.

"Elaborate air defence measures, including deployment of anti-aircraft guns, were also taken to check intrusion of air space," a senior police official said. Besides the air defence measures, helicopters of the Indian Air Force hovered around Rajpath and all along the route of the parade.

Vehicles entering the city were randomly checked. As the city witnessed a terror strike only four months ago, the security establishment left no stone unturned to ensure an incident-free celebrations.

No vehicles were allowed to ply on Rajpath from 6pm yesterday while vehicular movement was restricted on Tilak Marg, Bahadurshah Zafar Marg, Netaji Subhash Marg upto Red Fort from 4am.

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Pictures: The Story Behind Sun Dogs, Penitent Ice, and More

Photograph by Art Wolfe, Getty Images

If you want the beauty of winter without having to brave the bone-chilling temperatures blasting much of the United States this week, snuggle into a soft blanket, grab a warm beverage, and curl up with some of these natural frozen wonders.

Nieve penitente, or penitent snow, are collections of spires that resemble robed monks—or penitents. They are flattened columns of snow wider at the base than at the tip and can range in height from 3 to 20 feet (1 to 6 meters). The picture above shows the phenomenon in central Chile. (See pictures of the patterns in snow and ice.)

Nieve penitente tend to form in shallow valleys where the snow is deep and the sun doesn't shine at too steep an angle, said Kenneth Libbrecht, a physicist at the California Institute of Technology in Pasadena who studies ice crystal formation.

As the snow melts, dirt gets mixed in with the runoff and collects in little pools here and there, he said. Since the dirt is darker in color than the surrounding snow, the dirty areas melt faster "and you end up digging these pits," explained Libbrecht.

"They tend to form at high altitude," he said. But other than that, no one really knows the exact conditions that are needed to form penitent snow.

"They're fairly strong," Libbrecht said. "People have found [the spires] difficult to hike through."

—Jane J. Lee

Published January 25, 2013

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WH, Senators to Begin Push on Immigration Reform

The White House and a bipartisan group of senators next week plan to begin their efforts to push for comprehensive immigration reform.

President Barack Obama will make an announcement on immigration during a Tuesday trip to Las Vegas, Nevada, the White House said on Friday. The Senate group is expected make their plans public around the same time, the Associated Press reported.

See Also: Where Do Labor Unions Stand on Immigration?

For Obama, immigration reform is a campaign promise that has remained unfulfilled from his first White House run in 2008. During his 2012 re-election campaign, the president vowed to renew his effort to overhaul the nation's immigration system. It has long been expected that Obama would roll out his plans shortly after his inauguration.

The president's trip to Las Vegas is designed "to redouble the administration's efforts to work with Congress to fix the broken immigration system this year," the White House said.

Ever since November's election, in which Latino voters turned out in record numbers, Republicans and Democrats have expressed a desire to work on immigration reform. Obama has long supported a bill that would make many of the nation's 11 million undocumented immigrants without criminal records eligible to apply for an earned pathway to citizenship, which includes paying fines and learning English.

Charles Dharapak/AP Photo

But the debate over a pathway to citizenship is expected to be contentious. Other flashpoints in an immigration reform push could include a guest-worker program, workplace enforcement efforts, border security, and immigration backlogs.

In a statement, the White House said that "any legislation must include a path to earned citizenship."

Ahead of his immigration push next week, Obama met today with a group of lawmakers from the Congressional Hispanic Caucus (CHC), including chairman Rubén Hinojosa (D-Texas) , Sen. Bob Menendez (D-N.J.), Democratic Caucus Chair Rep. Xavier Becerra (D-Calif.), and CHC Immigration Task Force Chair Rep. Luis Gutierrez (D-Ill.), the latter's office said. CHC members are expected to play a pivotal role in the debate.

"The president is the quarterback and he will direct the team, call the play, and be pivotal if we succeed. I am very optimistic based on conversations with Republicans in the House and Senate that we will do more than just talk about the immigration issue this year," Gutierrez said in a statement following the CHC meeting with Obama. "The president putting his full weight and attention behind getting a bill signed into law is tremendously helpful. We need the president and the American people all putting pressure on the Congress to act because nothing happens in the Capitol without people pushing from the outside."

A bipartisan group of eight senators, which includes Menendez, has also begun talks on drafting an immigration bill and will play an integral part in the process of passing a bill through Congress. Sen. Marco Rubio (R-Fla.), who has been participating in talks with others senators, has also unveiled his own outline for an immigration proposal.

The group of senators have reportedly eyed Friday as the date when they'll unveil their separate proposal, according to the Washington Post.

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OPM plans to shake up charity program raise concerns about reduced donations

The Office of Personnel Management wants to shake up the Combined Federal Campaign (CFC), the charitable-giving system for federal employees, but in the process the agency could risk losing donors and reducing contributions.

One rule under review by the Obama administration would “eliminate the use of cash, check and money order contributions. Instead, all donations will be required to be made through electronic means.”

This could “streamline the operations,” as proposed rules from OPM suggest, but whether it also would “increase the effectiveness of the program to ensure its continued growth and success” is questionable.

The reason: In 2011, the last year for which OPM data are available, just 22 percent of the money pledged was donated electronically. Moreover, 88.4 percent of the donors did not make electronic contributions.

So, a move to electronic-only donations would seem to put CFC at risk of losing a majority of its donors. The proposal worries executives of some charitable organizations, even as they welcome other sections of the plan.

Federal employees contribute through the CFC to various charities. Donations exceeded $272 million in 2011. That’s a lot of money, but it represents a drop of almost $10 million from 2009, the high point.

An OPM spokeswoman said the agency does not comment on rules under review. In the 53-page document that contains the proposed regulations, however, OPM Director John Berry wrote:

“These proposed changes will introduce efficiencies and cost savings into the CFC by leveraging technology that was not widely available just a few years ago. They will make the CFC more efficient, more transparent, more accountable and more relevant to Federal, Postal and military service personnel who want to make the biggest impact with their donations.”

Scott Jackson, chief executive of Global Impact, said electronic giving can save $14 a pledge, by reducing processing costs.

“That’s very, very powerful,” he added. How the change to electronic-only contributions might effect donations presents “important issues to work through,” he said. Global Impact administers the overseas campaign of the CFC.

Those issues leave Stephen M. Delfin “highly concerned.” He is president and chief executive of America’s Charities, a group that works with CFC organizations. Delfin said he is worried that the rules, previously reported by the Federal Times, could result in lower donations.

“You have to be careful,” he said. “Technology is not a panacea.”

Marshall Strauss, chief executive of the Workplace Giving Alliance, a consortium of CFC federations, agreed. Although he thinks “electronic donations are an excellent addition to the campaign,” he said he worries that relying solely on that “may dramatically reduce the number of people giving and the overall receipts of the campaign. Many thousands of people prefer to give by check or even cash, and we would hope the government would preserve these options.”

In addition to electronic-only giving, Delfin and others have concerns about a proposal to eliminate 184 local CFC committees in favor of fewer and larger regional panels.

This would require “a reduced number of Federal personnel for oversight purposes,” according to the plan.

But it also would diminish the sense of community that charitable leaders say is crucial in motivating individuals to give.

Dumping the local committees will shrink the “person-to-person feeling of the campaign, which is very, very important,” said Kalman Stein, president and CEO of EarthShare, which was recently selected to administer the Combined Federal Campaign of the National Capital Area.

Stein said that he doesn’t think OPM understands “how critical that local component is” and that he is “very concerned the campaign will decline precipitously” if the Local Federal Coordinating Committees are eliminated.

“Our history shows that more consolidation leads to less donations,” said Stein, who, along with Strauss, was a member of the CFC-50 Commission. The commission, formed in 2011 to mark CFC’s 50th anniversary, issued a report last year. A number of its recommendations were incorporated into OPM’s proposals.

But Stein said consolidating the local committees into regional ones would go “way beyond the commission’s recommendations.”

The commission said its 24 recommendations were designed to further encourage a “history of giving” by federal employees, who have “set the standard for workplace giving to charitable organizations.”

But the recent decrease in donations “is a cause for concern,” the report said.

Now there is concern that parts of the OPM plan could make the situation worse.

Previous columns by Joe Davidson are available at wapo.st/JoeDavidson.

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N.Korea threatens South over UN sanctions

SEOUL: North Korea on Friday threatened "physical counter-measures" against rival South Korea over a tightening of UN sanctions against Pyongyang following its recent rocket launch.

"If the South Korean puppet regime of traitors directly participates in the so-called UN 'sanctions', strong physical countermeasures would be taken," the North's Committee for Peaceful Reunification of Fatherland said.

The warning, carried by the official Korean Central News Agency, came a day after North Korea threatened to conduct its third nuclear test and boost its capacity for a military strike on the United States.

"Sanctions amount to a declaration of war against us," said the committee, which is the prime state body responsible for inter-Korean dialogue and exchange.

While Thursday's threat had firmly targeted the United States, the latest warning focused Pyongyang's anger on the capitalist South.

"As long as the South Korean puppet traitors' regime continues with it's anti-DPRK (North Korea) hostile policy, we will never sit down with them," it said.

- AFP/fa

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NRI initiative raises millions for educating India’s children

NEW DELHI: A group of Indian-Americans in New York attended an unusual black-tie dinner gala one November evening last year. Over a video link they chatted with students of a Pune slum school. This was one of many fundraisers hosted by voluntary organization Pratham USA. Its mission: Mobilize Indians in the US to get involved in its work.

The dinner was a success. More than 400, mostly those of Indian origin, pledged support to Pratham USA. On a single night, they donated $1.4million to educate tiny tots in India's impoverished pockets.

Pratham USA is an overseas arm of Pratham (India), working to ensure that "every child is in school and learning well". It's created a circle of giving where NRIs chip in with funds and expertise to strengthen the parent body's educational initiatives. One of the best-known names in education, NGO Pratham has been working with the government in 21 states to improve pre-school education, provide additional learning support to in-school and out-of-school children, mainstream school dropouts, provide vocational training and computer literacy to those from vulnerable backgrounds. It touches the lives of over 2 million students annually.

For many like Atul Varadhachary (50), one of Pratham USA's founders, the visible impact of Pratham's work and its dedicated staffers are motivating factors. "Many of us have family in India. It's satisfying when you go back and see the difference your support is making," Varadhachary, who moved to the US in 1987, said.

He brought his daughters, aged 15 and 11, from Houston to visit a Pratham school in Mumbai last year. Like him, many initial members such as Vijay Goradia, founder of Vinmar International, a $ 3billion global distributor of chemicals and polymer are involved in Pratham programmes. "We often network Pratham board members with educationists in the US. There are many commonalities in terms of challenges faced by students and principals and dialogue helps," says Varadhachary.

What started out as an informal network with a few hands in 2000 has now grown into a formal initiative involving 10,000 people across 14 US cities. They collectively generate over $11mn annually towards Pratham's work.

They have also roped in GenNext. Second-generation Indian migrants intern in Pratham balwadis and schools, volunteer ideas or money. Sharing his experience on the organization's website, 16-year-old Dhruv Kothari admits that a brush with the project made him realize how much he took for granted his education in a US school. He has been raising funds every time family and friends drop by at home and collected over $420 in a week. He followed it up with a fundraiser in his father's office which raked $550.

Madhav Chavan, co-founder of Pratham says the US body, has been a constant support. "When you interact with them you realize they are genuinely interested in the concrete impact of their work."

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Deformed Dolphin Accepted Into New Family

In 2011, behavioral ecologists Alexander Wilson and Jens Krause of the Leibniz-Institute of Freshwater Ecology and Inland Fisheries in Germany were surprised to discover that a group of sperm whales (Physeter macrocephalus)—animals not usually known for forging bonds with other species—had taken in an adult bottlenose dolphin (Tursiops truncatus).

The researchers observed the group in the ocean surrounding the Azores (map)—about 1,000 miles (1,600 kilometers) off the coast of Lisbon, Portugal—for eight days as the dolphin traveled, foraged, and played with both the adult whales and their calves. When the dolphin rubbed its body against the whales, they would sometimes return the gesture.

Among terrestrial animals, cross-species interactions are not uncommon. These mostly temporary alliances are forged for foraging benefits and protection against predators, said Wilson.

They could also be satisfying a desire for the company of other animals, added marine biologist John Francis, vice president for research, conservation, and exploration at the National Geographic Society (the Society owns National Geographic News).

Photographs of dogs nursing tiger cubs, stories of a signing gorilla adopting a pet cat, and videos of a leopard caring for a baby baboon have long circulated the Web and caught national attention.

A Rare Alliance

And although dolphins are known for being sociable animals, Wilson called the alliance between sperm whale and bottlenose dolphin rare, as it has never, to his knowledge, been witnessed before.

This association may have started with something called bow riding, a common behavior among dolphins during which they ride the pressure waves generated by the bow of a ship or, in this case, whales, suggested Francis.

"Hanging around slower creatures to catch a ride might have been the first advantage [of such behavior]," he said, adding that this may have also started out as simply a playful encounter.

Wilson suggested that the dolphin's peculiar spinal shape made it more likely to initiate an interaction with the large and slow-moving whales. "Perhaps it could not keep up with or was picked on by other members of its dolphin group," he said in an email.

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But the "million-dollar question," as Wilson puts it, is why the whales accepted the lone dolphin. Among several theories presented in an upcoming paper in Aquatic Mammals describing the scientists' observations, they propose that the dolphin may have been regarded as nonthreatening and that it was accepted by default because of the way adult sperm whales "babysit" their calves.

Sperm whales alternate their dives between group members, always leaving one adult near the surface to watch the juveniles. "What is likely is that the presence of the calves—which cannot dive very deep or for very long—allowed the dolphin to maintain contact with the group," Wilson said.

Wilson doesn't believe the dolphin approached the sperm whales for help in protecting itself from predators, since there aren't many dolphin predators in the waters surrounding the Azores.

But Francis was not so quick to discount the idea. "I don't buy that there is no predator in the lifelong experience of the whales and dolphins frequenting the Azores," he said.

He suggested that it could be just as possible that the sperm whales accepted the dolphin for added protection against their own predators, like the killer whale (Orcinus orca), while traveling. "They see killer whales off the Azores, and while they may not be around regularly, it does not take a lot of encounters to make [other] whales defensive," he said.

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Feds Bust Man in Alleged Bombs-for-Drugs Sting

Jan 24, 2013 7:07pm

Ryan Budnick/KMGH

A Colorado man who claimed to be a former demolition expert in the U.S. Marines was arrested Thursday after he allegedly tried to trade guns and homemade bombs with a 20-meter “kill zone” for cocaine.

Richard Lawrence Sandberg, 35, was taken into custody Thursday at his Morrison, Colo. home, ATF spokesman Bradley Beyersdorf told ABC News. Sandberg is facing one count of unlawful possession of a firearm or explosive device.

According to court documents, police became aware of Sandberg on January 18, when a confidential informant told a Denver police detective that Sandberg wanted to trade “numerous firearms and grenades” for drugs. The Denver police detective then contacted the Bureau of Alcohol, Tobacco, Firearms and Explosives.

On Tuesday, the documents say, an undercover ATF agent met with Sandberg at his home.

Sandberg allegedly told the undercover agent that he was in possession of 18 M67 military grenades that he offered to sell for $200 to $300 a piece, according to the criminal complaint.

The complaint did not say where Sandberg may have gotten the grenades, but said “Sandberg claimed to have been active in war zones in Iraq, Somalia, Africa, and Pakistan.”

“Sandberg also stated that he was in possession of several thousand rounds of ammunition and also in possession of uranium-tipped armor-piercing ammunition,” the complaint said.

In addition to the grenades, Sandberg allegedly claimed to have about a dozen homemade bombs, called “frags,” designed to create a “kill zone” within 20 meters and a “hurt zone” within 60 meters if they went off. The complaint says Sandberg also claimed to have access to C4 plastic explosives and napalm.

In one conversation, Sandberg “made disparaging remarks about the current administration and them wanting to take away his guns,” according to the complaint.

Bureau of Alcohol, Tobacco, Firearms and Explosives

If any law enforcement officers tried to take his guns, the complaint says Sandberg told the agent that “it would be a bad day for them and lots of them would die. Sandberg stated that he was ready and willing to die.”

At one point, the undercover ATF agent offered to pay for pipe bombs and a small explosive called a “cricket.” Sandberg refused, the complaint says, instead insisting that “they could set up a trade for cocaine.”

During the Thursday operation, the street in front of Sandberg’s home was blocked for several hours while ATF agents and three local bomb squads made sure the house was safe. Multiple improvised explosive devices were taken from the house and rendered safe at a remote location,according to U.S. Attorney’s spokesman Jeffrey Dorchner.

One house next door to Sandberg’s had to be temporarily evacuated, Beyersdorf said.

Sandberg appeared in federal court Thursday afternoon and was advised of the charges against him. He has not entered a plea. Sandberg is being held without bond until a detention hearing scheduled for Jan. 29, Dorchner said.

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