Tax break extensions lose momentum before election (Reuters)

WASHINGTON (Reuters) ? The Congress is unlikely to renew before November elections 67 temporary tax measures that expired at the end of 2011, Senator Orrin Hatch, the top Republican on the Senate Finance Committee, told Reuters on Tuesday.

"I doubt it," he said of the possibility of restoring the breaks - known as tax extenders - as part of an expected renewal of payroll tax cuts before those cuts expire at the end of February.

Groups interested in extending the tax breaks, ranging from blue-chip companies to small businesses in poor communities, hope to revive the 67 tax breaks that expired at the end of 2011, according to the Joint Committee on Taxation in Congress.

The interest groups are pushing to get the costly tax provisions attached to the payroll tax extension for the rest of 2012. That bill is currently in a conference committee between the Republican-led House and the Democratic-led Senate.

Some lawmakers are worried that knitting tax extenders into the payroll tax cut bill is politically risky and are wary of doing anything that might hurt them and their parties in the run-up to the November elections.

A Senate staff source said House Speaker John Boehner, a Republican, was unlikely to attach the tax extenders to the payroll tax extension. A spokesperson for Boehner did not immediately respond to requests for comment on Tuesday.

Democrats, including Senate Majority Leader Harry Reid and Senate Finance Committee Chairman Max Baucus, are pushing for the tax breaks to be part of the payroll tax bill. Republicans, including House Ways and Means chairman Dave Camp, are leery of that approach.

Baucus and Camp are both payroll tax conference members.

Many of the tax extenders can be revived retroactively. But some, such as a tax exclusion for mass transit and a work opportunity tax credit, are more difficult to renew retroactively.

No estimate for their collective value was immediately available.

The last two tax extender bills were passed almost a year after the tax breaks expired.

Lobbyists said they saw the payroll tax cut bill as the only tax bill with a chance of passage before the general election on November 6. A new Congress will take office in January 2013.

BUDGET CONCERNS

Lobbyists vying for a quick extension are trying to work together to get the tax extenders passed en masse.

"We are all trying to pull with the same oar at this point," said Bob Rapoza, who is leading a coalition that supports a new markets tax credit designed to promote investment in low-income communities.

Without a clear way to pay for the tax breaks, coalitions may splinter, leaving some tax breaks behind.

"This time around, some Republicans may say, 'I'd like to see some spending cuts,'" said Ken Kies, a tax lobbyist and managing director of the Federal Policy Group. "That could make this more complicated," he said.

A full year extension of the payroll tax cut alone is estimated to add $99.5 billion to the budget deficit, according to the Congressional Research Service.

(Reporting By Patrick Temple-West; Editing by Eric Walsh)

Source: http://us.rd.yahoo.com/dailynews/rss/gop/*http%3A//news.yahoo.com/s/nm/20120131/pl_nm/us_usa_tax_extensions

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Source: http://finance-web-guide.com/?p=126524

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Oakland to assess damage after Occupy protests

Occupy Oakland protestors burn an American flag found inside Oakland City Hall during an Occupy Oakland protest on the steps of City Hall, Saturday, January 28, 2012, in Oakland, Calif. (AP Photo/Beck Diefenbach)

Occupy Oakland protestors burn an American flag found inside Oakland City Hall during an Occupy Oakland protest on the steps of City Hall, Saturday, January 28, 2012, in Oakland, Calif. (AP Photo/Beck Diefenbach)

A woman pleads with Occupy Oakland protestors to not burn an American flag found inside Oakland City Hall during an Occupy Oakland protest, Saturday, January 28, 2012, in Oakland, Calif. Police were in the process of arresting about 100 Occupy protesters for failing to disperse Saturday night, hours after officers used tear gas on a rowdy group of demonstrators who threw rocks and flares at them and tore down fences. (AP Photo/Beck Diefenbach)

Oakland Police block the entrance to City Hall after Occupy Oakland protestors gained access into the building during an Occupy Oakland protest, Saturday, Jan. 28, 2012, in Oakland, Calif. Oakland officials say police are in the process of arresting about 100 Occupy protesters for failing to disperse on Saturday. (AP Photo/Beck Diefenbach)

Oakland police block off a street in downtown Oakland during an Occupy Oakland protest, Saturday, January 28, 2012, in Oakland, Calif. Police were in the process of arresting about 100 Occupy protesters for failing to disperse Saturday night, hours after officers used tear gas on a rowdy group of demonstrators who threw rocks and flares at them and tore down fences. (AP Photo/Beck Diefenbach)

An Oakland City police officer stomps out a burning American flag after Occupy Oakland protestors set City Hall's flag on fire during an Occupy Oakland protest, Saturday, Jan. 28, 2012, in Oakland, Calif. (AP Photo/Beck Diefenbach)

OAKLAND, Calif. (AP) ? Oakland Mayor Jean Quan and other city officials have begun inspecting damage inside City Hall that was caused by about 50 Occupy protesters who broke in and smashed glass display cases, spray-painted graffiti, and burned the American and California flags.

Saturday's break-in culminated a day of clashes between protesters and police. Interim Police Chief Howard Jordan said nearly 400 people were arrested on charges ranging from failure to disperse and vandalism.

At least three officers and one protester were injured.

Quan said Sunday that Occupy protesters have caused an estimated $2 million in vandalism since October. She said the cost to the city related to the Occupy Oakland protests is pegged at about $5 million.

The scene around City Hall was mostly quiet Sunday morning. It's unclear whether protesters will mount another large-scale demonstration on Sunday.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/386c25518f464186bf7a2ac026580ce7/Article_2012-01-29-Occupy%20Oakland/id-9ce1d7294c6e44049c9023c1162bbd0f

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Could Florida Be the Knockout Blow for Gingrich? (ContributorNetwork)

In this race for the Republican Party's nomination, things seem to be continuously turning on a dime. Mitt Romney, the well-established front-runner going into the campaign, has been trading the lead with a series of candidates for months now. His most recent -- and likely last -- sparring partner for the nomination is Newt Gingrich, who earlier this month sprinted back into the lead with a solid victory in the South Carolina primary.

But following a strong debate performance last week in Jacksonville, Fla., Romney appears to be taking a commanding lead in Florida polls.

What are the latest polls in Florida indicating?

According to a Rasmussen Reports poll released Sunday, Romney has built a big lead going into Tuesday's primary. The poll, which was conducted Saturday, shows a 16-point lead for Romney. He has 44 percent, while Gingrich is a distance second with 28 percent. Rick Santorum is third with 12 percent and Ron Paul is bringing up the rear with 10 percent. Five percent of respondents were unsure of who they would vote for when they were asked.

A Public Policy Polling survey, which was also conducted Saturday, gave Romney a slimmer lead, 40 percent to 32 percent, over Gingrich. Santorum comes in with 15 percent and Paul has 9 percent of the vote in the poll.

How are the candidates doing nationally?

Given the fact the nomination process involves individual state primaries and caucuses, national polling doesn't hold the same level of importance as each state poll does. That said, there is some hope for Gingrich in a recent national Gallup poll conducted late last week showing he has maintained the gains he has made over Romney following the South Carolina primary. Santorum and Paul remain far down in the poll, as they do in most state polls as well.

After Florida, what will the future hold for the Republican candidates?

The nomination process will speed up. Nevada, Maine, Minnesota and Colorado will vote during the first week in February, with more states to follow later in the month. The race already seems to be down to two candidates -- Romney and Gingrich -- who can realistically win. But Paul has vowed to stay in the race no matter what, and his strategy for collecting delegates in caucus states could prove menacing for Romney and Gingrich.

Santorum's campaign has been stalled since his surprise victory in Iowa. Even if he maintains the funding that he needs to continue into February he shows no signs of gaining traction among voters. The probability that he would drop out of the race by early February, if not sooner, would seem to be high at this point.

Source: http://us.rd.yahoo.com/dailynews/rss/gop/*http%3A//news.yahoo.com/s/ac/20120129/pl_ac/10900287_could_florida_be_the_knockout_blow_for_gingrich

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Newt Gingrich 2012: Republican Insiders Rise Up To Cut Candidate Down To Size

ORLANDO, Fla. -- Republican insiders are rising up to cut Newt Gingrich down to size, testament to the GOP establishment's fear that the mercurial candidate could lead the party to disaster this fall.

The gathering criticisms are bitingly sharp, as if edged by a touch of panic, a remarkable development considering the target once was speaker of the House and will go down in history as leader of the Republicans' 1994 return to power in Congress. The intended beneficiary is Mitt Romney, a once-moderate Massachusetts governor whom many rank-and-file Republicans view with suspicion.

"The Republican establishment might not be wild about Mitt Romney, but they're terrified by Newt Gingrich," said Dan Schnur, a former GOP campaign strategist who teaches politics at the University of Southern California.

The anti-Gingrich statements have come from conservative columnists, talk show hosts including Ann Coulter, former Reagan administration officials and others. One of the harshest was written by former Sen. Bob Dole, the party's 1996 presidential nominee.

"I have not been critical of Newt Gingrich but it is now time to take a stand before it is too late," Dole wrote in the conservative magazine National Review. "If Gingrich is the nominee it will have an adverse impact on Republican candidates running for county, state, and federal offices."

As speaker from 1995 through 1998, Gingrich "had a new idea every minute and most of them were off the wall," Dole wrote. He said he struggled against Democrats' TV attacks in his 1996 campaign, "and in every one of them, Newt was in the ad."

Gingrich has reacted unevenly to the accusations, sometimes denouncing them, other times wearing them like a badge of honor.

"The Republican establishment is just as much as an establishment as the Democratic establishment, and they are just as determined to stop us," he told a tea party rally Thursday in central Florida.

The crowd cheered. But lingering near the back was an example of how the Romney campaign is taking advantage of the whacks at Gingrich: GOP Rep. Jason Chaffetz of Utah. Chaffetz is beloved by many conservatives, and he goes from one Gingrich event to another to tell reporters why he thinks Romney would be a stronger challenger against President Barack Obama in the fall.

Gingrich aide R.C. Hammond confronted Chaffetz on Friday at an event in Delray, Fla., noting that some Republican officials criticize such shadowing tactics. Chaffetz defended his presence, saying Gingrich has vowed to show up everywhere Obama campaigns this fall, if several hours later.

Romney has drawn other high-ranking surrogates, with mixed results. South Carolina Gov. Nikki Haley annoyed some of her tea party supporters when she campaigned throughout her state for Romney, who lost to Gingrich by 12 percentage points.

It's unclear whether the anti-Gingrich push is driving a new wedge between establishment Republicans and anti-establishment insurgents such as the tea partyers.

"We don't like the Republican establishment anyway," said Mark Meckler, a Californian and co-founder of Tea Party Patriots. He said tea partyers are heavily focused on state and local races, and are wary of getting drawn into the presidential quarrels.

After all, Meckler said, "it's not as though Newt Gingrich hasn't been part of the Republican establishment."

Many other conservative activists also noted Gingrich's long history as a Washington insider, including 20 years in Congress and 13 as a well-paid consultant, writer and Fox News commentator. His history complicates his efforts to rally angry, working-class Republicans who feel that an "elite" cadre of officials, journalists and others look down on them.

"He's in one sense attacking the establishment he says he helped lead," said John Feehery, a former top House GOP aide who contends the tea party's influence is often overstated. The chief complaints about Gingrich focus more on his personality than his politics, which are hard to nail down, Feehery said.

The most damaging criticisms have come from former friends and colleagues who worked closely with him in Congress. It's Gingrich's egotistic behavior, more than ideology, that is driving the attacks, Feehery said.

Among those defending Gingrich are Sarah Palin, the 2008 vice presidential nominee who is admired by many tea partyers.

"Look at Newt Gingrich, what's going on with him via the establishment's attacks," Palin said this week on Fox Business Network. "They're trying to crucify this man and rewrite history and rewrite what it is that he has stood for all these years."

Palin and Rep. Michele Bachmann, who dropped out of the presidential race, are tea party favorites with minimal experience in Washington and in top GOP circles. Gingrich is trying to tap the sense of resentment among their followers. But his long and complicated Washington record and reputation for intra-party quarrels seem to leave some tea partyers unimpressed.

"It's truly a shame that this is where the Republican establishment has chosen to focus their energy," said Marianne Gasiecki, a tea party activist in Ohio. She added, however, that political activists should focus on congressional races. "If we have a conservative House and Senate," she said, "the power of the president is really insignificant."

As Gingrich's broadcast ads in Florida become more pointed, prominent Republicans are chiding him without endorsing Romney or any other candidates. Gingrich stopped running a radio ad that called Romney anti-immigrant after Sen. Marco Rubio, R-Fla., said it was unfair and damaging to the party.

So long as party insiders' complaints about Gingrich focus on his personality and quirks, the GOP can postpone a more wrenching debate about ideology, which may be in store if the once-moderate Romney is nominated. For now, conservative stalwarts seem determined to depict Gingrich as too erratic to be the party's standard bearer, let alone president.

Columnist Charles Krauthammer told Fox News: "Gingrich isn't after victory, he's after vengeance." He added: "This is Captain Ahab on the loose."

Some Republican voters are pushing back. "I want so badly to be for Gingrich, and I'm not going to be bullied out of my vote," said Barb Johnson, 52, who attended the tea party rally in Mount Dora, Fla., on Thursday. "I like his strong presence."

Florida's primary is Tuesday.

___

Associated Press writer Brian Bakst contributed to this report from Delray, Fla.

Also on HuffPost:

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Source: http://www.huffingtonpost.com/2012/01/28/newt-gingrich_n_1239109.html

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Special election set for June 12 to fill Giffords' seat (Reuters)

PHOENIX (Reuters) ? Arizona Governor Jan Brewer on Friday ordered a special general election to be held on June 12 to fill a congressional seat vacated by Tucson Democrat Gabrielle Giffords, who resigned to focus on recovering from a gunshot wound to the head.

The Republican governor also set an April 17 primary to choose the candidates who will vie to replace Giffords in what has proved to be a highly competitive district in southern Arizona.

Giffords left office on Wednesday, cutting short her third term representing Arizona's 8th congressional district as she continues to recover from a gunshot wound that left her with faltering speech and physical impairments.

She was shot at close range by a gunman who opened fire at a meet-and-greet for constituents outside a Tucson supermarket on January 8, 2011. Six people were killed and 12 others were wounded.

Giffords, in a resignation letter read aloud on the floor of the House of Representatives by close friend and fellow Democrat Deborah Wasserman-Schultz, said her district "deserves to elect a U.S. representative who can give 100 percent to the job."

Giffords won re-election by a slim 4,000 votes during the last election in 2010, brightening Republican hopes that the seat may again be within their gasp. Before Giffords, it was held by Republican Jim Kolbe for 22 years.

Republicans now hold a voter registration advantage of 6 percentage points over Democrats in the district.

District voters will go to the polls twice more this year, with the regular election primary scheduled for August 28 and the general election on November 6. The regular election will be held under redrawn congressional lines that all but make it a dead-even split between Republicans and Democrats.

Possible Republican candidates for Giffords' seat include state Senator Frank Antenori, who on Friday became the first to announce his bid in both elections, as well as Dave Sitton, a University of Arizona sports broadcaster, and Jesse Kelly, who lost to Giffords in 2010 and had strong Tea Party backing.

Among Democrats believed to be considering at run are Steve Farley, a state representative and assistant majority leader, state Senator Paula Aboud and state Representative Matt Heinz.

Also mentioned as a possible candidate has been Giffords' husband Mark Kelly, a retired astronaut. But Kelly quashed speculation that he might run for her seat during a video-conference call with Arizona reporters on Wednesday.

He also said there was a "pretty good chance" that Giffords would endorse a person to replace her, a move that political observers say promises to provide a big boost for any candidate.

The accused gunman in last year's shooting spree, Jared Loughner, 23, has pleaded not guilty to multiple charges stemming from the rampage, include first-degree murder and the attempted assassination of Giffords. He was declared mentally incompetent to stand trial last May.

(Reporting by David Schwartz; Writing by Steve Gorman; Editing by Paul Thomasch and Cynthia Johnston)

Source: http://us.rd.yahoo.com/dailynews/rss/uscongress/*http%3A//news.yahoo.com/s/nm/20120128/pl_nm/us_arizona_election

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GOP insiders rise up to cut Gingrich down to size (The Arizona Republic)

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SmackDown live results - January 27, 2012

Refresh for the latest SmackDown match outcomes, videos and photos.

Big Show def. Mark Henry by Count-out (WATCH | PHOTOS)

Aksana def. Natalya (WATCH | PHOTOS)

Brodus Clay def. Alex Riley (WATCH | PHOTOS)

Hunico def. Ted DiBiase (WATCH | PHOTOS)

Randy Orton vs. Wade Barrett ended in a brutal No Contest (WATCH | PHOTOS)

WWE Tag Team Champions Primo & Epico def. Santino Marella & Yoshi Tatsu (WATCH | PHOTOS)

Sheamus def. Drew McIntyre (WATCH | PHOTOS)

Intercontinental Champion Cody Rhodes def. Justin Gabriel (WATCH | PHOTOS)

Just announced on SmackDown by General Manager Theodore Long: Big Show will battle Mark Henry in a gigantic main event later tonight, just two days before the Royal Rumble. (WATCH | PHOTOS)

Source: http://www.wwe.com/shows/smackdown/2012-01-27/live-results

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Romney, Gingrich exchange barbs on immigration

CORRECTS LOCATION TO THE UNIVERSITY OF NORTH FLORIDA, INSTEAD OF UNIVERSITY OF SOUTH FLORIDA - Republican presidential candidates former House Speaker Newt Gingrich and former Massachusetts Gov. Mitt Romney participate in the Republican presidential candidates debate at the University of North Florida in Jacksonville, Fla., Thursday, Jan. 26, 2012. (AP Photo/Matt Rourke)

CORRECTS LOCATION TO THE UNIVERSITY OF NORTH FLORIDA, INSTEAD OF UNIVERSITY OF SOUTH FLORIDA - Republican presidential candidates former House Speaker Newt Gingrich and former Massachusetts Gov. Mitt Romney participate in the Republican presidential candidates debate at the University of North Florida in Jacksonville, Fla., Thursday, Jan. 26, 2012. (AP Photo/Matt Rourke)

CORRECTS LOCATION TO THE UNIVERSITY OF NORTH FLORIDA, INSTEAD OF UNIVERSITY OF SOUTH FLORIDA - Republican presidential candidates, from left, former Pennsylvania Sen. Rick Santorum, former House Speaker Newt Gingrich, former Massachusetts Gov. Mitt Romney and Rep. Ron Paul, R-Texas, stand during the National Anthem at the Republican presidential candidates debate at the University of North Florida in Jacksonville, Fla., Thursday, Jan. 26, 2012. (AP Photo/Paul Sancya)

Republican presidential candidates former Massachusetts Gov. Mitt Romney participates in the Republican presidential candidates debate in Jacksonville, Fla., Thursday, Jan. 26, 2012. (AP Photo/Matt Rourke)

Republican presidential candidate former House Speaker Newt Gingrich participates in the Republican presidential candidates debate in Jacksonville, Fla., Thursday, Jan. 26, 2012. (AP Photo/Matt Rourke)

JACKSONVILLE, Fla. (AP) ? Newt Gingrich cast Mitt Romney as the most anti-immigrant candidate of the four contenders for the Republican presidential nomination in campaign debate Thursday night in Hispanic-heavy Florida. "That's simply inexcusable," the former Massachusetts governor shot back, heatedly denying the accusation.

Romney quickly added that Gingrich's campaign had stopped running a radio ad that made the "anti-immigrant charge" after Florida Sen. Marco Rubio called on him to do so. Romney said to Gingrich concerning the ad, "I think you should apologize for it."

The exchange came near the beginning of the second debate in four days in advance of next Tuesday's Florida primary. Opinion polls make the race a close one, with two other contenders, former Sen. Rick Santorum of Pennsylvania and Texas Rep. Ron Paul, trailing far behind.

But Santorum drew applause from the audience when he called on the two front-runners to stop attacking one another and "focus on the issues."

"Can we set aside that Newt was a member of Congress ... and that Mitt Romney is a wealthy guy?" he said in a tone of exasperation.

That seemed unlikely, given the stakes in the primary now five days distant.

Gingrich picked up on the theme quickly, calling on moderator Wolf Blitzer of CNN to let the four candidates discuss the issues.

The audience booed, as if in agreement with Gingrich, but Romney jumped in, saying, "Wouldn't it be nice if people didn't make accusations somewhere else that they weren't willing to defend here."

Moments earlier, Romney and Gingrich had exchanged jabs over investments in Fannie Mae and Freddie Mac, two mortgage giants that played a role in the national foreclosure crisis that has hit Florida particularly hard.

Gingrich said Romney was making money from investments in funds that were "foreclosing on Floridians."

Romney quickly noted that Gingrich, too, was invested in mutual funds with Fannie Mae and Freddie Mac. He then added that the former House speaker "was a spokesman" for the two. That was a reference to a contract that one of Gingrich's businesses had for consulting services. The firm was paid $300,000 in 2006.

There were some moments of levity, including when Paul, 76, was asked whether he would be willing to release his medical records.

He said he was, then challenged the other three men on the debate stage to a 25-mile bike race.

He got no takers.

Romney and Gingrich had clashed repeatedly in the first debate of the week, held Monday in Tampa.

Gingrich's unexpected victory in the South Carolina primary last weekend upended the race to pick a Republican opponent for Democratic President Barack Obama in the fall, and Romney can ill afford another setback.

In the days since his loss, he has tried to seize the initiative, playing the aggressor in the Tampa debate and assailing Gingrich in campaign speeches and a TV commercial.

An outside group formed to support Romney has spent more than his own campaign's millions on ads, some of them designed to stop Gingrich's campaign momentum before it is too late to deny him the nomination.

Gingrich's performance in a pair of South Carolina debates are generally believed to have helped him to his victory there, and Romney's aides have expressed concern that the debate audience might benefit the former House speaker.

The issue was clearly on Romney's mind as he campaigned at a factory several hours before the debate began.

"There may be some give and take. That's always entertaining," he said. "If you all could get in there we'd love to see you all there cheering."

A voice from the audience responded that there were no more tickets, and Romney replied: 'No tickets? Just storm in."

Gingrich seemed far less confident as he campaigned his way into the debate.

He unleashed an attack reminiscent of his rhetoric a month ago when he was being outspent heavily on television and falling sharply in the polls just before the Iowa caucuses.

He accused Romney and Restore Our Future, the independent group, of dishonest ads, and said, "This is the desperate last stand of the old order. This is the kind of gall they have, to think we're so stupid and we're so timid."

He later told reporters he decided to sharpen his criticisms after Romney released his tax returns. "Here's a guy who owns Freddie Mac and Fannie Mae stock," Gingrich said. "He owns a Goldman Sachs subsidiary, which is foreclosing on Floridians. And on that front he decides to lie about my career? There's something about the hypocrisy that should make every American angry."

Romney released his income tax returns for 2010 and an estimate for 2011 after declining to do so in South Carolina.

Gingrich, also under pressure, disclosed the consulting contract one of his firms had with Freddie Mac, the government-backed mortgage giant that played a role in the foreclosure crisis that hit Florida especially hard. It showed payments of $300,000 in 2006 for unspecified consulting services.

Romney has pummeled Gingrich in the days since, calling him an influence peddler and a lobbyist who was taking money from the very organization that was harming Floridians.

___

Associated Press writers Brian Bakst and Kasie Hunt contributed to this story.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/3d281c11a96b4ad082fe88aa0db04305/Article_2012-01-26-Republicans-Debate/id-9810be2bcb1342d38463b8914b13ec99

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Market slips after rally as housing sputters (Reuters)

NEW YORK (Reuters) ? Wall Street dipped on Thursday as housing and financial stocks declined after weaker-than-expected housing data gave investors reason to pause after a recent rally.

Housing-related stocks declined after data showed sales of new single-family homes fell for the first time in four months in December and were shy of Wall Street expectations. The data followed Wednesday's soft pending home sales report and dented optimism that the housing market may have reached a bottom.

Traders said the market's surprising advance at the start of 2012 meant investors are paying close attention to economic reports that differed from the trend of an improving recovery.

"They are paying attention to everything, with the market up where it is right now. For the fire to continue burning, you need more fuel," said Uri Landesman, president at Platinum Partners in New York

Stocks began higher, helped in part by the Federal Reserve's vow on Wednesday to keep interest rates near zero at least until the end of 2014. Investors bet more money would be driven into risky assets, contributing to a rise in the benchmark S&P index of more than 5 percent for the year.

Toll Brothers Inc (TOL.N) lost 3.2 percent to $22.47. The PHLX housing sector index (.HGX) declined 1.1 percent. Banks, which stand to benefit from a recovery in housing, also fell. The KBW Bank index (.BKX) dropped 1.8 percent. SunTrust Banks Inc (STI.N) shed 5.2 percent to $20.50 after Deutsche Bank lowered its rating on the stock.

Stocks rose at the start of the session after data showed orders for durable manufactured goods rose more than expected in December, while unemployment benefit claims last week rose only moderately.

Caterpillar Inc (CAT.N) kept the Dow in positive territory as its shares gained 2.7 percent to $112. The manufacturer posted a jump in quarterly earnings that far exceeded Wall Street expectations on increased global demand for construction machinery and mining equipment.

The Dow Jones industrial average (.DJI) gained 11.27 points, or 0.09 percent, to 12,768.23. The Standard & Poor's 500 Index (.SPX) dropped 4.26 points, or 0.32 percent, to 1,321.79. The Nasdaq Composite Index (.IXIC) lost 8.45 points, or 0.30 percent, to 2,809.86.

3M Co (MMM.N), a conglomerate with operations throughout the economy also supported the Dow after it reported higher-than-expected quarterly earnings as demand from industrial and transport markets offset weak sales to makers of consumer electronics. The shares rose 1.4 percent to $87.71.

This is one of the busiest weeks of earnings season, with 117 S&P companies expected to report. According to Thomson Reuters data, 59 percent of the 152 companies in the S&P 500 that have reported earnings beat analysts' forecasts, down from the 70 percent beat rate in recent quarters at this stage.

AT&T Inc (T.N) posted a $6.7 billion quarterly loss on a break-up fee for its failed T-Mobile USA merger and a pension-related charge on top of costly subsidies for smartphones. The shares fell 2.2 percent to $29.54.

Amgen Inc's (AMGN.O) shares fell 1.3 percent to $68.30 and weighed on the Nasdaq after the world's largest biotechnology company said it would pay more than $1 billion to buy Micromet Inc (MITI.O), a deal that would give it access to the company's novel cancer treatment technology.

Micromet's shares jumped 31.9 percent to $10.92 and were the most heavily traded on Nasdaq.

(Reporting By Chuck Mikolajczak; Editing by Kenneth Barry)

Source: http://us.rd.yahoo.com/dailynews/rss/business/*http%3A//news.yahoo.com/s/nm/20120126/bs_nm/us_markets_stocks

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ECB split on how to handle any Greek bond losses: sources (Reuters)

FRANKFURT (Reuters) ? The European Central Bank has ruled out taking voluntary losses on its Greek bond holdings but is now debating how it would handle any forced losses and whether to explore legal options to avoid such a hit, central bank sources told Reuters on Wednesday.

Earlier this month, speculation that the bank was considering taking losses on its Greek bonds as part of broader moves to stabilize Athens' finances grew after ECB President Mario Draghi repeatedly dodged questions on the issue.

One source close to talks among ECB policymakers said that while France, Italy and the ECB board in Frankfurt were against accepting losses, some national central banks, which have expressed reservations over the bond purchases from the start, now accepted that losses may be unavoidable.

"The ECB will not take losses on its Greek bond holdings voluntarily ... but there is a fierce debate within the ECB on how to handle forced losses," the source said.

Another source said the bank was holding regular talks on Wednesday and Thursday and aimed to hammer out its position on the losses it should or should not be willing to take on its Greek bonds.

The ECB declined to comment.

Athens has been in talks with private creditors on a voluntary debt swap deal that would wipe 65-70 percent off the face value of its bonds.

But it has also threatened to enforce losses on private investors if fewer than expected sign up to the deal voluntarily.

If it takes that route, the question is whether the ECB would then be able to avoid taking writedowns on the Greek bonds it has bought since starting a controversial bond buying program in May 2010.

Analysts estimate the ECB has roughly 40-45 billion euros worth of such bonds, making it Athens' single biggest creditor. They also believe the ECB paid 25-30 percent below face value for the bonds.

The ECB may perhaps try to argue that it should be treated differently from other bond holders because its purchases were part of its emergency response to the debt crisis.

Economists have also speculated that it could try to carve out a deal to pass the bonds over to the euro zone rescue fund, the EFSF, which would take the hit instead.

Alternatively, it could simply accept back what it paid for the bonds, although even that would entail some complications.

IMF PRESSURE

Greece's talks with private investors hit a hurdle after euro zone ministers rejected the creditors' final offer for a 4 percent coupon on new bonds to be issued by Athens, increasing the chance that the latter would have to enforce losses.

Greece needs a deal to avoid a chaotic default when big bond redemptions come due in late March.

International Monetary Fund Managing Director Christine Lagarde put pressure on the ECB on Wednesday, saying it and other public creditors may need to accept losses if those taken by the private sector are not enough to bring Greece's debt burden down to a sustainable level.

While ECB chief Draghi this month avoided commenting on the issue, its vice president Vitor Constancio said the central bank had not changed its position from that expressed by Draghi's predecessor, Jean-Claude Trichet.

Trichet said in June that the ECB had no intention to extend the maturities of its debt holdings, a key element in making Greece's debt sustainable.

Now some of the countries which were most in favor of the ECB starting to buy government bonds in May 2010 through its Securities Markets Program (SMP), including Italy and France, vehemently oppose accepting any losses on them, the source said.

Separate sources said that the ECB Executive Board shared this view, but one added that in the event of Greece imposing losses some central banks see losses as an unavoidable consequence of the risk taken when the ECB launched the SMP program.

"We are of the opinion that it may be unavoidable," the source said.

If the ECB finds a way to avoid losses even if other investors are forced to accept them, it could sap demand for Italian, Spanish, Portuguese and Irish debt that the ECB has also bought, as markets would view the ECB as having 'preferred status'.

"This could do more damage than good," one source said.

(Reporting by Eva Kuehnen, Andreas Framke; Writing by Sakari Suoninen; Editing by Hugh Lawson)

Source: http://us.rd.yahoo.com/dailynews/rss/business/*http%3A//news.yahoo.com/s/nm/20120125/bs_nm/us_ecb_greece

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Ex-CIA agent charged in Gitmo secrets case

Former CIA interrogator John Kiriakou describes waterboarding in an interview with Chris Matthews on "Hardballl."

By Michael IsikoffNBC News

A former U.S. Senate investigator who had previously worked for the CIA was arrested Monday and?charged with repeatedly leaking classified information to journalists as well as violating the federal law that forbids disclosing the identity of covert intelligence officers.

John Kiriakou, who between 2009 and last year worked as an investigator for Sen. John Kerry, D-Mass., at the Senate Foreign Relations Committee, was charged by a federal grand jury with one count of violating the Intelligence Agencies Protection Act, two counts of violating the Espionage Act and one count of lying to the CIA about his actions in an effort to convince the agency to let him publish a book, "The Reluctant Spy: My Secret Life in the CIA's War on Terror."

Kiriakou turned himself into the FBI Monday morning.?In an initial court appearance in Alexandria, Va., Monday afternoon, Kiriakou waived a preliminary hearing and was released on a $250,000 bond after surrendering his passport and agreeing to stay in the Washington area and not to contact any witnesses in the case. His lawyer, Plato Cacheris, did not immediately respond to a request for comment.

---

The charges cap a three-year investigation by Patrick Fitzgerald, the U.S. attorney in Chicago,? into?how photographs of covert CIA officers involved in the interrogation of terror suspects ended up in the Guantanamo prison cell of one of the accused 9/11 terrorists. The discovery of the photographs stunned top CIA officials. Fitzgerald was then appointed by Attorney General Eric Holder to oversee the probe because of his prior expertise in the intelligence protection act as special counsel in charge of the Bush era investigation into the outing of CIA officer Valerie Plame.

DOCUMENT: Read the complaint against Kiriakou

The investigation initially focused on the role of defense lawyers, who used a private investigator to obtain surveillance photos of CIA officers. But the probe found no wrongdoing by the defense lawyers or the investigator.?Instead, a Justice Department complaint charged, it found that Kiriakou provided information to three journalists, emailing one of them the name of a covert officer who then supplied the name of the officer to a defense investigator. (The journalist is not identified in the complaint). The complaint also alleges that Kiriakou provided another reporter at the New York Times with classified information about another CIA officer's role in the capture of accused Gitmo terrorist Abu Zubaydah. The information was included in a front page June 22, 2008, article in the Times entitled, "Inside the Interrogation of a 9/11 Mastermind" that raised questions about the use of waterboarding.

Msnbc's Alex Witt talks with author John Kiriakou about his book "The Reluctant Spy."

In an interview with FBI agents last week, Kiriakou denied disclosing information about the CIA officer to the New York Times reporter, Scott Shane, answering, "Heavens no," when asked if he had done so, according to the criminal complaint. But the complaint charges that Kirikou provided the reporter with the CIA officer's phone number and personal address.

The charges are the latest in a series of criminal leak cases brought by the Justice Department under President Barack Obama. But the cases have so far proven difficult for federal prosecutors; one major one, involving former NSA employee Thomas Drake, accused of leaking classified information to a Baltimore Sun reporter, resulted in a resounding defeat for the Justice Department last year when federal prosecutors withdrew all criminal charges against him.

Kiriakou spent 14 years with the CIA, between 1990 and 2004. He was hired by Kerry in 2009 to help investigate national security related issues for the Foreign Relations Committee. This came after Kiriakou gained prominence by giving a 2007 interview to ABC News about the use of waterboarding and how it allegedly broke Zubaydah in 35 seconds -- a claim that has been much disputed. (It was later disclosed that Zubaydah had been waterboarded 83 times.)? Kiriakou, who for a time worked as an ABC News consultant and appeared on several NBC News and MSNBC TV programs, later said that he did not personally participate in the waterboarding and had only read about it in intelligence reports.

A judge last year refused to find the CIA in contempt of court when it destroyed dozens of videotapes of?the interrogation of Zubaydah and other detainees.

Dec. 11: Former CIA agent John Kiriakou talks with TODAY's Matt Lauer about the destruction of CIA interrogation tapes.

In December 2007, the CIA acknowledged doing so as part of?the detention program begun after the Sept. 11 attacks.
A spokeswoman for Kerry, Jodi Seth, emailed this statement Monday to NBC News: ?John Kiriakou was an investigator with the Senate Foreign Relations Committee from mid-2009 to 2011 when he left the committee voluntarily.? These charges date back to actions allegedly taken when he was employed by the intelligence community and both pre-date and are unrelated to his work for the committee. Understandably, our office has no information beyond what is publicly available, and only today did we become aware of this situation.?

In a statement issued after the charges were filed, CIA Director David Petraeus issued a statement to agency employees reminding them of the need to protect classified information.

"In return for the secrecy we need to do our work, the American people and our elected representatives expect us to uphold our nation?s laws and values," Petraeus said in the email. "When we joined this organization, we swore to safeguard classified information; those oaths stay with us for life. Unauthorized disclosures of any sort -- including information concerning the identities of other Agency officers -- betray the public trust, our country and our colleagues. Given the sensitive nature of many of our agency?s operations and the risks we ask our employees to take, the illegal passage of secrets is an abuse of trust that may put lives in jeopardy."

Michael Isikoff is NBC News national investigative correspondent. Msnbc.com news services contributed to this report.

Source: http://openchannel.msnbc.msn.com/_news/2012/01/23/10218309-ex-cia-agent-charged-with-leaking-classified-info-on-gitmo-case

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Romney reports tax bill of $6.2 million for 2010-11 (Reuters)

TAMPA, Fla./WASHINGTON (Reuters) ? Republican presidential candidate Mitt Romney released tax records on Tuesday indicating he will pay $6.2 million in taxes on a total of $42.5 million in income over the years 2010 and 2011.

Bowing to increasing political pressure to provide more detail about his vast wealth, the former private equity executive released tax returns indicating he and his wife, Ann, paid an effective tax rate of 13.9 percent in 2010. They expect to pay a 15.4 percent rate when they file their returns for 2011.

Romney's tax rate is below that of most wage-earning Americans because most of his income, as outlined in more than 500 pages of tax documents, flows from capital gains on investments.

Under the U.S. tax code, capital gains are taxed at 15 percent, compared with a top tax rate of 35 percent for wage earners.

Romney released the tax returns after a week in which his chief rival for the Republican presidential nomination, former House of Representatives Speaker Newt Gingrich, questioned whether Romney was hiding information about his finances and cast him as being out of touch with most Americans.

Gingrich's attacks on Romney helped him upset the former Massachusetts governor in the South Carolina primary on Saturday.

Since then, Romney has vowed to be more aggressive in returning fire.

He has launched a series of attacks questioning Gingrich's character, judgment and lucrative work as a Washington consultant, and released his tax returns to try to nullify Gingrich's criticisms on that front.

The tax rates Romney reported paying could add fuel to a national debate over the fairness of the tax code, and coincides with broader concerns about income inequality symbolized by the Occupy Wall Street movement.

Romney's campaign officials stressed that his tax rate is based mostly on income from investments that are held in a blind trust. Romney's holdings include an undisclosed amount in funds based in the Grand Cayman Islands and other overseas entities.

Romney advisers stressed that the holdings in the Caymans - along with those in a Swiss bank account that was closed in 2010 after an investment adviser decided it could be politically embarrassing to Romney - were reported on tax returns and were not vehicles to avoid taxes.

They also stressed that Romney, whose holdings are in three blind trusts, makes no decisions as to how his money is invested.

Regardless, the emerging picture was of a man of great means who contributes mightily to charity. The documents showed he and his wife contributed $7 million in charity over the two years, much of it going to his Mormon church. That represents more than 15 percent of the Romneys' income for those years.

Romney, whose estimated net worth is $190 million to $250 million, is among the wealthiest Americans ever to seek the presidency.

Top campaign officials and the director of Romney's blind trust, Brad Malt, briefed Reuters on the details ahead of a more general release of the information Tuesday morning.

Campaign counsel Ben Ginsberg, asked why Romney was not releasing tax records for the years in the 1980s and 1990s in which Romney made his fortune at private equity firm Bain Capital, said the two years covered by the tax returns should give a broad picture of Romney's financial situation.

"We're not going to get into the game of once you give them something, they demand more," Ginsberg said. "This is a fulsome release and we're proud of it."

The tax issue may have been a factor in Romney's loss to Gingrich in South Carolina. It became a distraction to Romney's campaign, and Romney's fuzzy answers on when and if he would release his records aggravated the problem.

First he said he might release them, or might not. When the questions kept coming, he said he would put them out in April, after his 2011 forms were completed. Only after he was defeated in South Carolina did his aides say he would release them this week. Gingrich has released his returns for 2010, but has not released an estimate for last year, as Romney did.

Long considered the front-runner for the 2012 Republican presidential nomination, Romney was staggered by Gingrich's lopsided win in South Carolina, and is looking to regain enough momentum to defeat Gingrich in Florida, which votes on January 31.

(Editing by David Lindsey and Paul Simao)

Source: http://us.rd.yahoo.com/dailynews/rss/gop/*http%3A//news.yahoo.com/s/nm/20120124/ts_nm/us_usa_campaign_romney_taxes

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Actress Keke Palmer grows up with 'Joyful Noise' (AP)

NEW YORK ? Keke Palmer became a star with her Nickelodeon show "True Jackson, VP" which aired for three seasons and made her one of the highest paid child actors on television. Instead of sticking with the show though she decided it was a good time to end it around her 18th birthday last August.

"I was approaching 18 and it's just like I don't want to be a grown woman on the show," said Palmer in a recent interview. "I want my fans to grow with me, I don't want to stay stagnant and that's what it pretty much came down to. You know I'm growing up and I wanted to grow with my audience. Not for them to watch me and I'm left behind and just a memory from their childhood."

Palmer shows she's growing up with the film "Joyful Noise" starring Queen Latifah and Dolly Parton. It's about a small-town church choir that faces being shut down by budget cuts.

She plays Latifah's teenage daughter Olivia, who falls for Dolly Parton's character's grandson, played by Jeremy Jordan.

In the film, Palmer has her first make out scene, which she admits made her nervous.

"It's not some Nickelodeon or Disney channel (romance) it's like the real deal," said Palmer about kissing Jordan. "The kissing scene I would say was the scariest thing for me."

She joked about how she had to tell her dad to leave the room during filming.

"I'm like, `Dad, doesn't this freak you out too, watching me do an on screen make out?'" she laughed.

"Joyful Noise" is now in theaters. It currently ranks No. 7 at the box office. The album's soundtrack also is No. 7 on the iTunes charts.

Palmer said she wants to continue showcasing her singing, acting and maybe host a talk show one day.

"Someday I would really love to do a talk show. That's something I've always been interested in. I like to talk, and I love to help people."

___

Online:

http://joyfulnoisemovie.warnerbros.com/

http://www.kekepalmer.com/

___

Alicia Rancilio covers entertainment for The Associated Press. Follow her at http://www.twitter.com/aliciar.

Source: http://us.rd.yahoo.com/dailynews/rss/celebrity/*http%3A//news.yahoo.com/s/ap/20120123/ap_en_ce/us_people_keke_palmer

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This Week's Top Downloads [Download Roundup]

Jan 21, 2012 5:00 PM 18,279 2

• Boxer is a Free DOS Game Emulator for your Mac (Mac) Computer games have come a long way since the days of Doom, Zork, Tie Fighter, and Castle Wolfenstein, but many of us who grew up with those games would like to replay them. Boxer is a free app that will let you play any DOS game on your Mac.
• iBoostUp Cleans Out Your Mac's System File Clutter in a Minute (Mac) iBoostUp cleans out the crap on your drive and fine-tunes your system for better performance. It's simple, it's quick, and it's free.
• AntiCrop "Uncrops" Your Photos by Extending the Picture's Background (iOS) If you've ever taken a hasty photo on your phone and didn't leave enough room on the outside, AntiCrop is the app can "uncrop" those photos by filling in the edges with just a few swipes.
• Untethered Jailbreak for iPhone 4S and iOS 5 Is Finally Here (iOS) iPhone-hacking group Chronic Dev Team just released the first untethered jailbreak for the iPhone 4S and iPad 2 running iOS 5.0.1. We've explained why a tethered jailbreak can be such a hassle, which is why we've been waiting to recommend jailbreaking your up-to-date iPhone. Luckily, that wait is over.
• Clean My Desktop Sorts Files Into Content Specific Folders (Mac) A desktop filled with hundreds of files in a variety of formats can be a headache to clean up, but Clean My Desktop makes it easy by sorting everything into content specific folders based on the file type.
• MindNode Is a Mind Mapping App that Makes Brainstorming Simple and Easy (Mac/iOS) Regardless of the type of work that you do, brainstorming is an important part of generating new ideas and new approaches to getting your work done more efficiently. Mind mapping is a brainstorming technique that helps you get all of your interconnected thoughts out in a diagram, and there are a number of complicated tools designed to help you do it. MindNode for Mac and iOS is pricey, but it's one of the best tools we've seen for the job.
• Pomodroido Is an Elegant Pomodoro Timer for Your Android Phone (Pomodroido) If you're a fan of the Pomodoro productivity technique, you know that part of the philosophy is to work in short, focused, timed bursts and then take periodic breaks to relax. To do this, you'll need a timer, and Pomodroido is a free app that turns your Android phone into one that follows you everywhere.
• Forismatic Is a Free App that Helps You Relax and Keeps You Inspired Every Day (Mac) Computers are supposed to make our work easier, but in reality they often just bring us more work and stress us out. Give your Mac the opportunity to help you relax for a change with Forismatic, a free app that sits in the menubar until you need a little inspiration to help you keep going, and will remind you to take a break now and again to relax.
• Breathing Zone Guides You Towards Slower Breathing to Help Reduce Stress and Anxiety (Mac/iOS) Breathing Zone is a simple app that helps slow your breathing rhythm to calm you down and make you feel more relaxed. If you're a bit stressed or anxious, it's a good way to help you alleviate those feelings in just a few minutes.
• WatchMe Is a Desktop Timer that Keeps Track of Multiple Alarms at Once (Windows) Unfortunately, few of us have the luxury of only keeping track of one thing at a time. There are plenty of great timers available to help you keep track of how long you've been working or when you need to take a break, but if you need to track multiple times or set more than one timer, you may be out of luck. WatchMe is a timer that allows you to set multiple alerts and multiple timers so you're alerted at different times for different things.

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LG X3 supposedly leaks, to challenge HTC Edge as first quad-core phone?

Your next tablet is going to rock a quad-core chip, so why not stuff that same silicon into your next phone too? Per PocketNow, that's apparently what LG has up its sleeve with the forthcoming X3. Evidently, the four-core Tegra 3 device will also tote a 1280 x 720 4.7-inch display, 16GB of storage, Ice Cream Sandwich and NFC all in a svelte 9mm package. The whispers didn't stop there, of course, indicating it'll also wield 21Mbps HSPA support coupled with 802.11b/g/n WiFi and Bluetooth 4.0. So will the X3 be the world's first quad-core phone, much in the vein of LG's G2X that preceded it? Or will it be beaten to the punch by HTC and Samsung? Here's to hoping we'll find out at MWC.

LG X3 supposedly leaks, to challenge HTC Edge as first quad-core phone? originally appeared on Engadget on Fri, 20 Jan 2012 18:31:00 EDT. Please see our terms for use of feeds.

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Source: http://www.engadget.com/2012/01/20/lg-x3-supposedly-leaks-to-challenge-htc-edge-as-first-quad-core/

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Colts oust 8 assistants, while DC Murphy retires (AP)

INDIANAPOLIS ? The Indianapolis Colts have responded to their worst season in two decades with a major housecleaning.

Following the firing of head coach Jim Caldwell last week, the Colts announced the departure of eight assistants Thursday, as well as the retirement of defensive coordinator Mike Murphy.

The coaches let go were assistant Devin Fitzsimmons, offensive line coach Pete Metzelaars, special assistant to the defense Rod Perry, receivers coach Frank Reich, defensive assistant Bill Teerlinck, defensive line coach John Teerlinck, strength and conditioning coach Jon Torine, and quarterbacks coach Ron Turner.

With four-time MVP quarterback Peyton Manning sidelined all season because of a neck injury, the Colts stumbled to a 2-14 record, leading owner Jim Irsay to fire Caldwell, vice chairman Bill Polian and his son, Chris, the team's general manager.

Source: http://us.rd.yahoo.com/dailynews/rss/sports/*http%3A//news.yahoo.com/s/ap/20120119/ap_on_sp_fo_ne/fbn_colts_shakeup

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Colo. girl escapes apparent kidnapper, calls 911 (AP)

DENVER ? A missing 9-year-old girl escaped from an apparent kidnapper and called 911 herself from a convenience store in Colorado Springs on Friday.

The Pueblo girl was reported missing Thursday night after she didn't return home from school.

The suspect, Jose Garcia, 29, is also a suspect in an alleged molestation involving a different girl, Pueblo police Capt. Eric Bravo said.

The car of the man accused of kidnapping the girl broke down Friday morning in Colorado Springs, and a passerby gave them a ride to a Circle K, police said.

The girl ran into the convenience store and asked to use the phone to call her uncle but instead called 911, which prompted the man to take off, authorities said.

"Once she realized she had that window of opportunity, she became a hero and rescued herself by calling 911," Colorado Springs police spokeswoman Barbara Miller said in a statement.

Efren Vialpando told The Gazette he saw the girl come in the Circle K with two black eyes and a bruise on her lip and face. She had refused to leave the store with the man, saying, "I ain't going nowhere. I'm waiting for my momma." He said the suspect fled after that.

A Circle K employee declined to comment, citing store policy.

Police immediately began a search for Garcia when they arrived at the store and notified transportation hubs. An employee at a bus terminal recognized Garcia and notified police, who quickly arrested the man without incident.

The girl was taken to a hospital Friday morning. Miller said details of the girl's condition won't be released because of her age.

Garcia was in custody Friday. Pueblo police haven't said how they connected him to the kidnapping and where Garcia was with the girl for more than 15 hours overnight. Pueblo police Sgt. Darren Velarde said Garcia is being held on suspicion of kidnapping and could face a charge of sexual assault on a child.

The FBI helped with the investigation.

Pueblo County court records said Garcia was wanted for suspicion of kidnapping and sex assault on a child, and Bravo said allegations in that case involved Garcia's 9-year-old former stepdaughter. Both the former stepdaughter and the girl who escaped Friday attended Columbian Elementary School in Pueblo.

In the case involving the ex-stepdaughter, Bravo said Garcia was listed as an emergency contact at the school and told officials there he was picking the girl up for a dentist's appointment. Bravo said Garcia is suspected of kidnapping and sexually assaulting the girl in about a half hour before he took the girl back to school.

"We don't know if there's a connection to that girl and (the girl who escaped Friday)," Bravo said.

A family member told The Associated Press by phone that Garcia worked construction in Colorado Springs and he had known his ex-stepdaughter since she was about 3 years old.

___

Follow P. Solomon Banda at http://twitter.com/psbanda.

Source: http://us.rd.yahoo.com/dailynews/rss/crime/*http%3A//news.yahoo.com/s/ap/20120121/ap_on_re_us/us_girl_escapes

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US says al-Qaida magazine got into Guantanamo cell (AP)

FORT MEADE, Md. ? A copy of a magazine published by an arm of al-Qaida made its way to a terror suspect at the Guantanamo Bay prison, leading to an inspection of cells and a contentious new policy requiring special review teams to examine correspondence between prisoners and attorneys, U.S. prosecutors said Wednesday.

Navy Cmdr. Andrea Lockhart told a military judge during a pre-trial hearing that a copy of Inspire magazine got into a cell. She provided no details on who received the magazine or how. But she said the breach showed that prior rules at the base governing mail review were not adequate. Yemen's al-Qaida of the Arabian Peninsula launched the online, English-language magazine in 2010. An early issue contained tips to would-be militants about how to kill U.S. citizens.

Lockhart is part of the U.S. team prosecuting the case against Abd al-Rahim al-Nashiri, a Saudi national charged with orchestrating the attack in 2000 on the USS Cole that killed 17 sailors. Al-Nashiri, 47, is considered one of the most senior al-Qaida leaders. He has been held at the U.S. Naval Base in Guantanamo Bay, Cuba, since 2006 after spending several years held by the CIA in a series of secret prisons.

How mail between Guantanamo prisoners and their attorneys should be handled consumed several hours of the al-Nashiri's pre-trial session on Tuesday and Wednesday. At issue is whether even a cursory examination of the legal correspondence violates the attorney-client privilege.

The dispute reflects the untested nature of this latest attempt to resume the military tribunals at Guantanamo. The prosecution of al-Nashiri is already underway and the U.S. is preparing to prosecute five other prisoners accused in the Sept. 11 attacks, yet defense lawyers and government prosecutors are still fighting to establish basic legal ground rules.

The military commission system has been revised by the Obama administration and Congress, which has refused to allow the administration to move prisoners from the American base in Cuba. The trial system is still sharply criticized by civil and human rights groups and defense lawyers who say the procedures favor the prosecution. Rick Kammen, a civilian attorney for al-Nashiri, called the military commissions a "second-class system of justice."

"Just because you see people in suits and a judge doesn't mean it's a real trial," Kammen told reporters after Tuesday's session.

Al-Nashiri's defense team, as well as the lawyers for other Guantanamo prisoners and the chief defense counsel for the military commissions, are opposed to the security review of legal mail, which was put in place last month by Navy Rear Adm. David Woods, the prison commander.

Army Col. James Pohl, the judge in al-Nashiri's case, ordered the detention center in November to stop Guantanamo guards from reading mail between the prisoner and his lawyers. The judge's order came after Woods authorized an inspection of detainee cells in October that included reading mail between prisoners and their attorneys.

In late December, Woods issued a new directive requiring legal mail to undergo a security review to ensure prisoners were not receiving prohibited materials, such as top-secret information or objects that might be fashioned into weapons.

The December order from Woods created a "privilege review team" independent of the prison staff that would include attorneys, law enforcement and intelligence experts who would examine legal communications between lawyers and their clients. The goal of the order, prison officials said, was to ensure safety and security on the base while preserving attorney-client privilege by having a group not under the prison's command perform the mail review.

Wood testified on Tuesday that the privilege team is made up of contractors hired by the Pentagon's intelligence directorate.

Al-Nashiri's mail has not yet been examined by the team. Marine Col. Jeffrey Colwell, the chief defense counsel for the Guantanamo Bay tribunals, instructed attorneys not to follow Woods' order. Colwell said last week that the rule does not adequately protect attorney-client privilege and violates codes of professional conduct.

But Woods testified that his order doesn't allow team members to read mail. Their role, he said, is to perform a "plain sight review" of correspondence between attorneys and their clients to ensure the documents are marked with the proper stamps to ensure it is actually privileged information. If the material is not marked properly or there are obvious signs of a security risk or contraband, the mail is forwarded to higher authorities for review.

Al-Nashiri's attorneys peppered Woods with questions about how team members could do their jobs without actually reading the information. The order creates situations in which the privilege team has no choice but to dig deeper into a document to understand what is in it, Navy Lt. Cmdr. Stephen Reyes said. Reyes also asked Woods why translators were needed on the team if no reading was required.

Woods deflected many of Reyes' questions by saying that he does not have control over the privilege team contract. He also testified that he does not know who monitors the day-to-day activities of the team. "They do not work for me," he said.

On Wednesday, Pohl directed the prosecution and defense to provide him with their proposals for reviewing mail in the Al-Nashiri case. A decision from Pohl is not expected for at least two weeks, however.

The Associated Press and other news organizations viewed the proceedings at Guantanamo Bay on a closed circuit telecast shown in a small theater at Fort Meade, a military base located between Washington and Baltimore.

Al-Nashiri has attended the proceedings on both days, but could be seen only intermittently due to the angle of the camera in the courtroom at Guantanamo. He wore a white prison uniform and sat next to his defense team. Defense officials said Al-Nashiri was not shackled during his hearing.

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Associated Press writer Ben Fox in San Juan, Puerto Rico contributed to this report.

Source: http://us.rd.yahoo.com/dailynews/rss/us/*http%3A//news.yahoo.com/s/ap/20120118/ap_on_go_ca_st_pe/us_guantanamo_war_crimes

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