Israel hits Hamas buildings, shoots down Tel Aviv-bound rocket

GAZA/JERUSALEM (Reuters) – Israeli aircraft bombed Hamas government buildings in Gaza, and the “Iron Dome” defense system shot down a Tel Aviv-bound rocket on Saturday as Israel geared up for a possible ground invasion.

Hamas, the Palestinian Islamist group that runs the Gaza Strip, said Israeli missiles wrecked the office building of Prime Minister Ismail Haniyeh – where he had met on Friday with the Egyptian prime minister – and struck a police headquarters.

Along the Tel Aviv beachfront, volleyball games came to an abrupt halt and people crouched as sirens sounded. Two interceptor rockets streaked into the sky. A flash and an explosion followed as Iron Dome, deployed only hours earlier near the city, destroyed the incoming projectile in mid-air.

With Israeli tanks and artillery positioned along the Gaza border and no end in sight to hostilities now in their fourth day, Tunisia’s foreign minister travelled to the enclave in a show of Arab solidarity.

In Cairo, a presidential source said Egyptian President Mohamed Mursi would hold four-way talks with the Qatari emir, the prime minister of Turkey and Hamas chief Khaled Meshaal in the Egyptian capital on Saturday to discuss the Gaza crisis.

Egypt has been working to reinstate calm between Israel and Hamas after an informal ceasefire brokered by Cairo unraveled over the past few weeks. Meshaal, who lives in exile, has already held a round of talks with Egyptian security officials.

Officials in Gaza said 43 Palestinians, nearly half of them civilians including eight children, had been killed since Israel began its air strikes. Three Israeli civilians were killed by a rocket on Thursday.

Israel unleashed its massive air campaign on Wednesday with the declared goal of deterring Hamas from launching rockets that have plagued its southern communities for years.

The Israeli army said it had zeroed in on a number of government buildings during the night, including Haniyeh’s office, the Hamas Interior Ministry and a police compound.

Taher al-Nono, a spokesman for the Hamas government, held a news conference near the rubble of the prime minister’s office and pledged: “We will declare victory from here.”

Hamas‘s armed wing claimed responsibility for Saturday’s rocket attack on Tel Aviv, the third against the city since Wednesday. It said it fired an Iranian-designed Fajr-5 at the coastal metropolis, some 70 km (43 miles) north of Gaza.

“Well that wasn’t such a big deal,” said one woman, who had watched the interception while clinging for protection to the trunk of a baby palm tree on a traffic island.

In the Israeli Mediterranean port of Ashdod, a rocket ripped into several balconies. Police said five people were hurt.

Among those killed in airstrikes on Gaza on Saturday were at least four suspected militants riding on motorcycles.

Israel’s operation has drawn Western support for what U.S. and European leaders have called Israel’s right to self-defense, along with appeals to avoid civilian casualties.

Hamas, shunned by the West over its refusal to recognize Israel, says its cross-border attacks have come in response to Israeli strikes against Palestinian fighters in Gaza.

RESERVIST CALL-UP

At a late night session on Friday, Israeli cabinet ministers decided to more than double the current reserve troop quota set for the Gaza offensive to 75,000, political sources said, in a signal Israel was edging closer to an invasion.

Around 16,000 reservists have already been called up.

Asked by reporters whether a ground operation was possible, Major-General Tal Russo, commander of the Israeli forces on the Gaza frontier, said: “Definitely.”

“We have a plan … it will take time. We need to have patience. It won’t be a day or two,” he added.

A possible move into the densely populated Gaza Strip and the risk of major casualties it brings would be a significant gamble for Prime Minister Benjamin Netanyahu, favorite to win a January national election.

Hamas fighters are no match for the Israeli military. The last Gaza war, involving a three-week long Israeli air blitz and ground invasion over the New Year period of 2008-09, killed over 1,400 Palestinians, mostly civilians. Thirteen Israelis died.

But the Gaza conflagration has stirred the pot of a Middle East already boiling from two years of Arab revolution and a civil war in Syria that threatens to spread beyond its borders.

“Israel should understand that many things have changed and that lots of water has run in the Arab river,” Tunisian Foreign Minister Rafik Abdesslem said as he surveyed the wreckage from a bomb-blast site in central Gaza.

One major change has been the election of an Islamist government in Cairo that is allied with Hamas, potentially narrowing Israel’s manoeuvering room in confronting the Palestinian group. Israel and Egypt made peace in 1979.

“DE-ESCALATION”

Netanyahu spoke late on Friday with U.S. President Barack Obama for the second time since the offensive began, the prime minister’s office said in a statement.

“(Netanyahu) expressed his deep appreciation for the U.S. position that Israel has a right to defend itself and thanked him for American aid in purchasing Iron Dome batteries,” the statement added.

The two leaders have had a testy relationship and have been at odds over how to curb Iran’s nuclear program.

A White House official said on Saturday Obama called Turkish Prime Minister Tayyip Erdogan to discuss how the two countries could help bring an end to the Gaza conflict.

Ben Rhodes, White House deputy national security adviser, told reporters that Washington “wants the same thing as the Israelis want”, an end to rocket attacks from Gaza. He said the United States is emphasizing diplomacy and “de-escalation”.

In Berlin, a spokesman for German Chancellor Angela Merkel said she had spoken to Netanyahu and Egypt’s Mursi, stressing to the Israeli leader that Israel had a right to self-defense and that a ceasefire must be agreed as soon as possible to avoid more bloodshed.

U.N. Secretary-General Ban Ki-moon is expected to visit Israel and Egypt next week to push for an end to the fighting in Gaza, U.N. diplomats said on Friday.

The Israeli military said 492 rockets fired from Gaza have hit Israel since the operation began. Iron Dome intercepted another 245.

In Jerusalem, targeted by a Palestinian rocket on Friday for the first time in 42 years, there was little outward sign on the Jewish Sabbath that the attack had any impact on the usually placid pace of life in the holy city.

Some families in Gaza have abandoned their homes – some of them damaged and others situated near potential Israeli targets – and packed into the houses of friends and relatives.

(Additional reporting by Dan Williams and Douglas Hamilton in Tel Aviv, Allyn Fisher-Ilan in Jerusalem, Jeff Mason aboard Air Force One, Writing by Jeffrey Heller; editing by Crispian Balmer)

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“Sister” Director Tackles Taboo of Switzerland’s Class Divide With Her Oscar Contender

LOS ANGELES (TheWrap.com) – Director Ursula Meier can hardly believe that her film “Sister” – which depicts tenements, poverty and a seemingly rigid class system in lovely Switzerland – has made it over the Alps to Hollywood for Academy consideration.

“It shows a not-very-usual aspect of Switzerland,” Meier told the audience at a showing of “Sister” Thursday night at the Landmark, part of TheWrap’s Academy Screening Series. “We don’t show the beautiful mountains and the green and the lush life … For me it was important to show another point of view on this country to the world. Because usually it’s Montblanc, chocolate, and Swatch.”

Indeed, with her second film, Meier has given international audiences something else to associate with Switzerland: larcenous snow urchins.

“Sister” centers mostly around 12-year-old Simon (Kacey Mottet Klein), who lives in a high-rise tenement in a not-so-snowy valley far below a ski resort and takes gondolas to the top to steal wealthy tourists’ skis right out from under their goggles.

Wily Simon is financing not just his own existence but that of Louise (Lea Seydoux), the title character, who just might be the worst parental figure or caretaker in a cinematic year that did, after all, include “Beasts of the Southern Wild.”

It would involve spoilers to explain why Simon’s older sis is not everything she’s cracked up to be. But there’s nothing misleading about this boy-crazy, substance-abusing twentysomething gal’s unfitness to watch over Simon, the breadwinner of their sad two-person family.

He has to empty out his cash drawer to bribe Louise into snuggling with him, and when he entrusts her with the mere task of waxing skis, she can’t even do that without spilling cigarette ashes on the stolen merchandise.

“It was important for me, when we were at the ski resort, to showing the back door of the restaurant, and the workers inside … And it’s just at the end, when it’s finished, when there is no more snow and the ski resort is closed, for the first time Simon looks at the landscape. And we can see how beautiful this place is, but it’s too late now.”

Meier worked with her young leading man on her first theatrical feature, 2009′s “Home,” where he played Isabella Huppert’s son when he was just 7. She’s emphatic that Klein is not the kind of child actor who has to be tricked into giving a performance.

“During the first casting, I ask him, ‘What do you like to do in your life, Kasey?’ And he told me, ‘Thinking.’ So I said ‘OK, think,’ and I turned on the camera, and he was amazing … He understands that acting is to be, not to look like. So I really wanted to write for him with this film, because it was such an amazing experience on my first film.”

The role of the severely neglectful “sister” was tougher to nail down, both for the director and her leading actress.

“This character was the challenge of the film,” Meier said. “Because Kacey’s character is a child, so for the spectator, of course he’s a victim. But with the character of Louise, for Lea as an actress, at the beginning for her it was very hard to find the fragility of the character. I showed her a lot of films like ‘Vagabond’ … I explained to her, you were 14 when you were pregnant; it was too young for a girl, and you stopped your studies and got bad jobs you cut with your family.”

Sometimes, she said, they’d fight because “she couldn’t find the fragility of the character, and suddenly, months later, wow – it was like we cut something open and all the emotion that came out from her was very deep. I was afraid of the spectators judging the character. It was not easy, in the writing, or in the directing with the actors, because I wanted that they would love these characters, even if they’re sometimes terrible. But I like terrible characters.”

Pond told Meier that when it came to supporting actress Gillian Anderson, of “X-Files” fame, “the first time I watched, I didn’t realize it was her till the end credits” – an experience probably shared by most of those in attendance at the screening.

“I’m very happy that you say that,” said Meier, “because if you recognize the actress, you think about the actress.” But the director did want Armstrong to provoke a where-have-I-seen-you-before vibe.

“I really wanted to be played by a star – not to have a star in my film, but because it was important for Simon to have a kind of phantasma this lady, of what he wants as a mother.

And as a spectator, you can have a phantasma on the star. So I like that she came from another country, and not speak French, because she’s almost an apparition.”

Meier admitted she was frightened before the Swiss premiere – before “Sister” went on to play various fests and win the special Golden Bear award at the Berlin Film Festival.

“When I had the first screening in Switzerland, a lady came back to me and was very moved by the film, because it’s usually a taboo to show poverty in Switzerland. She cried and told me, ‘I grew up in exactly the same place. My father was a worker in the factory we saw in the film, and as a child we never had the money to go up.’ I liked that she just said up.”

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Tulsa Town Hall: Nutrition a valuable tool in health care

Weil spoke as part of the Tulsa Town Hall series of speakers.

The United States has an expensive health-care system that doesn’t produce good results, he said.

“Something is very wrong with this picture,” he said. “We’re spending more and more and we have less and less to show for it.”

Changes in diet can be an effective treatment for many conditions, but American physicians are functionally illiterate in nutrition, he said.

“The whole subject of nutrition is omitted in medical education,” he said.

There are many ways of managing diseases other than drugs, he said. Integrative medicine, which can include dietary supplements and practices like meditation, is the future of health care, he said.

The health system is resistant to change because of entrenched vested interests. That includes pharmaceutical companies that do direct-to-consumer advertising, which should be stopped, he said.

“As dysfunctional as our health-care system is at the moment – and it is very dysfunctional – it is generating rivers of money,” he said. “That money is going into very few pockets.”

Weil has developed an anti-inflammatory diet based on the Mediterranean diet but with Asian influences.

Inflammation is associated with some heart disease, Alzheimer’s disease and some cancers, he said. And as a result, people should be eating real, unprocessed foods and whole grains. They should stay away from sugar-sweetened beverages, including fruit juice, he said.

“The new research that’s being done on sugar is not very comforting,” he said.

The aging process can’t be avoided, but age-related diseases can be avoided by proper care, he said.

“The goal should be to live long and well with a big drop off at the end,” he said.

Weil is the director of the University of Arizona’s Center for Integrative Medicine.

Tickets to the Tulsa Town Hall series are sold as a $ 75 subscription and cover five lectures. Tickets for individual lectures are not available.

To subscribe, visit tulsaworld.com/tulsatownhall, call 918-749-5965 or write to: Tulsa Town Hall, Box 52266, Tulsa, OK 74152.

Future speakers include journalist Ann Compton on Feb. 8; author James B. Stewart on April 5; historian and cinematographer Rex Ziak on May 10.

Original Print Headline: Speaker highlights nutrition

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Shannon Muchmore 918-581-8378
shannon.muchmore@tulsaworld.com
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Israel bombards Gaza Strip, shoots down rocket

GAZA CITY, Gaza Strip (AP) — Israel bombarded the Hamas-ruled Gaza Strip with about 300 airstrikes Saturday and shot down a Palestinian rocket fired at Tel Aviv, the military said, widening a blistering assault to include the Hamas prime minister's headquarters, a police compound and a vast network of smuggling tunnels.

The intensified airstrikes came as Egyptian-led attempts to broker a cease-fire and end Israel's four-day-old Gaza offensive gained momentum. The leaders of Hamas and two key allies, Qatar and Turkey, were in Cairo for talks with Egyptian officials, and the Arab League was holding an emergency meeting.

The White House said President Barack Obama was also in touch with the Egyptian and Turkish leaders. The U.S. has solidly backed Israel so far.

Speaking on Air Force One, deputy national security adviser Ben Rhodes said that the White House believes Israel "has the right to defend itself" against attack and that the Israelis will make their own decisions about their "military tactics and operations."

The Israeli attacks, which Gaza officials say left 12 dead, came as Palestinian militants fired more than 100 rockets toward Israel, including two aimed at the commercial and cultural center of Tel Aviv. Rocket attacks on Tel Aviv and Jerusalem this week mark the first time Gaza militants have managed to fire rockets toward the cities, raising the stakes in the confrontation.

The widened scope of targets brings the scale of fighting closer to that of the war the two groups waged four years ago. Hamas was badly bruised during that conflict, but has since restocked its arsenal with more and better weapons, and has been under pressure from smaller, more militant groups to prove its commitment to fighting Israel.

In a psychological boost for the Israelis, a sophisticated Israeli rocket-defense system known as "Iron Dome" knocked down one of the rockets headed toward Tel Aviv, eliciting cheers from relieved residents huddled in fear after air raid sirens sounded in the city.

Associated Press video showed a plume of smoke rising from a rocket-defense battery deployed near the city, followed by a burst of light overhead. The smoke trailed the intercepting missile.

Police said a second rocket also targeted Tel Aviv. It was not clear where it landed or whether it was shot down. No injuries were reported. It was the third straight day the city was targeted.

Israel says the Iron Dome system has shot down some 250 incoming rockets, most of them in southern Israel near Gaza.

Saturday's interception was the first time Iron Dome has been deployed in Tel Aviv. The battery was a new upgraded version that was only activated on Saturday, two months ahead of schedule, officials said.

Israel opened the offensive on Wednesday with a surprising airstrike that killed Hamas' military chief, then attacked dozens of rocket launchers and storage sites. It says the offensive is meant to halt months of rocket fire on southern Israel.

While Israel claims to be inflicting heavy damage on Gaza's Hamas rulers, it has failed to slow the rocket fire. In all, 42 Palestinians, including 13 civilians, have been killed, while three Israeli civilians have died.

Maj. Gen. Tal Russo, Israel's southern commander, said Saturday that Hamas had suffered a tough blow.

"Most of their capabilities have been destroyed," he told reporters. Asked whether Israel is ready to send ground troops into Gaza, he said: "Absolutely."

Israel has authorized the call-up of as many as 75,000 reservists ahead of a possible ground operation. Dozens of armored vehicles have massed along the border with Gaza in recent days.

Israeli officials say they have not yet decided whether to send in ground troops, a decision that would almost certainly lead to heavy casualties on both sides.

In Saturday's fighting, Israeli aircraft pounded militants' weapons storage facilities and underground rocket launching sites, and went after rocket squads more aggressively.

Militants, undaunted, have unleashed some 500 rockets against the Jewish state.

Hamas claims that Israeli intelligence is based on a network of collaborators in Gaza. Officials said two Palestinians have been executed by Hamas' military wing for allegedly providing Israel with sensitive information. One man was shot twice in the head. Another body was tossed into a garbage bin with a gunshot wound to the head.

The violence has threatened the Mideast with a new war. At the same time, revolts against entrenched regional regimes have opened up new possibilities for Hamas. Islamists across the Mideast have been strengthened, bringing newfound recognition to Hamas, which had previously been shunned by the international community because of its refusal to recognize Israel and renounce violence.

A high-level Tunisian delegation, led by Foreign Minister Rafik Abdessalem, drove that point home with a visit to Gaza on Saturday. The foreign minister's first stop was the still-smoldering ruins of the three-story office building of Gaza's prime minister, Ismail Haniyeh of Hamas.

"Israel has to understand that there is an international law and it has to respect the international law to stop the aggression against the Palestinian people," Abdessalem told the AP during a tour of Gaza's main hospital. He said his country was doing whatever it can to promote a cease-fire, but did not elaborate.

It was the first official Tunisian visit since Hamas's violent 2007 takeover of the territory. The West Bank is governed by Palestinian President Mahmoud Abbas. Egypt's prime minister visited Gaza on Friday and a Moroccan delegation was due on Sunday, following a landmark visit by Qatar's leader last month.

Israel had been incrementally expanding its operation beyond military targets but before dawn on Saturday it ramped that up dramatically, hitting Hamas symbols of power.

Israeli defense officials, speaking on condition of anonymity to discuss confidential decisions, said military chief Lt. Gen. Benny Gantz personally ordered the scope of the airstrikes to be increased.

Haniyeh's three-story office building was flattened by an airstrike that blew out windows in neighboring homes. He was not inside the building at the time.

Another airstrike brought down the three-story home of a Hamas commander in the Jebaliya refugee camp near Gaza City, critically wounding him and injuring other residents of the building, medics said.

Missiles smashed into two small security facilities and the massive Hamas police headquarters in Gaza City, setting off a huge blaze that engulfed nearby houses and civilian cars parked outside, the Interior Ministry reported. No one was inside the buildings.

The Interior Ministry said a government compound was also hit while devout Muslims streamed to the area for early morning prayers, although no casualties were reported.

Air attacks knocked out five electricity transformers, cutting off power to more than 400,000 people in southern Gaza, according to the Gaza electricity distribution company. People switched on backup generators for limited electrical supplies.

In southern Gaza, aircraft went after underground tunnels militants use to smuggle in weapons and other contraband from Egypt, residents reported. A huge explosion in the area sent buildings shuddering in the Egyptian city of El-Arish, 45 kilometers (30 miles) away, an Associated Press correspondent there reported.

The Israeli military said more than 950 targets have been struck since the operation began.

On Saturday, more than 120 rockets slammed into Israel, causing damage to houses. About 10 Israelis were injured lightly, among dozens of others wounded since the start of the operation.

Despite the violence, Egyptian-led diplomacy was underway to bring an end to the fighting.

Egyptian President Mohammed Morsi was meeting the leaders of Turkey and Qatar Saturday as well as Hamas leader Khaled Meshal to discuss details of a proposed cease-fire.

The Arab League also met Saturday to consider sending its chief Nabil Elaraby and a team of foreign ministers to Gaza in the coming two days to assess the situation and respond to humanitarian needs there, according to a draft memorandum obtained by the AP.

Turkish Prime Minister Recep Tayyip Erdogan told reporters Saturday that during discussions with Obama and Russian President Vladimir Putin late Friday, he suggested that Turkey, Egypt, the United States and Russia help broker a simultaneous cease-fire between Israel and Hamas.

"It would be good if we could work on it rapidly to solve the matter within 24 hours, because the death toll is mounting," he said.

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Goldenberg reported from Jerusalem. Associated Press writers Karin Laub in Gaza City, Matthew Daly in Washington and Aya Batrawy in Cairo contributed reporting.

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Israel moves on reservists after rockets target cities

GAZA/JERUSALEM (Reuters) – Israeli ministers were on Friday asked to endorse the call-up of up to 75,000 reservists after Palestinian militants nearly hit Jerusalem with a rocket for the first time in decades and fired at Tel Aviv for a second day.

The rocket attacks were a challenge to Israel‘s Gaza offensive and came just hours after Egypt‘s prime minister, denouncing what he described as Israeli aggression, visited the enclave and said Cairo was prepared to mediate.

Israel’s armed forces announced that a highway leading to the Gaza Strip and two roads bordering the enclave would be off-limits to civilian traffic until further notice.

Tanks and self-propelled guns were seen near the border area on Friday, and the military said it had already called 16,000 reservists to active duty.

Prime Minister Benjamin Netanyahu convened senior cabinet ministers in Tel Aviv after the rockets struck to decide on widening the Gaza campaign.

Political sources said ministers were asked to approve the mobilization of up to 75,000 reservists, in what could be preparation for a possible ground operation.

No decision was immediately announced and some commentators speculated in the Israeli media the move could be psychological warfare against Gaza’s Hamas rulers. A quota of 30,000 reservists had been set earlier.

Israel began bombing Gaza on Wednesday with an attack that killed the Hamas military chief. It says its campaign is in response to Hamas missiles fired on its territory. Hamas stepped up rocket attacks in response.

Israeli police said a rocket fired from Gaza landed in the Jerusalem area, outside the city, on Friday.

It was the first Palestinian rocket since 1970 to reach the vicinity of the holy city, which Israel claims as its capital, and was likely to spur an escalation in its three-day old air war against militants in Gaza.

Rockets nearly hit Tel Aviv on Thursday for the first time since Saddam Hussein’s Iraq fired them during the 1991 Gulf War. An air raid siren rang out on Friday when the commercial centre was targeted again. Motorists crouched next to cars, many with their hands protecting their heads, while pedestrians scurried for cover in building stairwells.

The Jerusalem and Tel Aviv strikes have so far caused no casualties or damage, but could be political poison for Netanyahu, a conservative favored to win re-election in January on the strength of his ability to guarantee security.

“The Israel Defence Forces will continue to hit Hamas hard and are prepared to broaden the action inside Gaza,” Netanyahu said before the rocket attacks on the two cities.

Asked about Israel massing forces for a possible Gaza invasion, Hamas spokesman Sami Abu Zuhri said: “The Israelis should be aware of the grave results of such a raid and they should bring their body bags.”

Officials in Gaza said 28 Palestinians had been killed in the enclave since Israel began the air offensive with the declared aim of stemming surges of rocket strikes that have disrupted life in southern Israeli towns.

The Palestinian dead include 12 militants and 16 civilians, among them eight children and a pregnant woman. Three Israelis were killed by a rocket on Thursday. A Hamas source said the Israeli air force launched an attack on the house of Hamas’s commander for southern Gaza which resulted in the death of two civilians, one a child.

SOLIDARITY VISIT

A solidarity visit to Gaza by Egyptian Prime Minister Hisham Kandil, whose Islamist government is allied with Hamas but also party to a 1979 peace treaty with Israel, had appeared to open a tiny window to emergency peace diplomacy.

Kandil said: “Egypt will spare no effort … to stop the aggression and to achieve a truce.”

But a three-hour truce that Israel declared for the duration of Kandil’s visit never took hold. Israel said 66 rockets launched from the Gaza Strip hit its territory on Friday and a further 99 were intercepted by the Iron Dome anti-missile system.

Israel denied Palestinian assertions that its aircraft struck while Kandil was in the enclave.

Israel Radio’s military affairs correspondent said the army’s Homefront Command had told municipal officials to make civil defence preparations for the possibility that fighting could drag on for seven weeks. An Israeli military spokeswoman declined to comment on the report.

The Gaza conflagration has stoked the flames of a Middle East already ablaze with two years of Arab revolution and a civil war in Syria that threatens to leap across borders.

It is the biggest test yet for Egypt’s new President Mohamed Mursi, a veteran Islamist politician from the Muslim Brotherhood who was elected this year after last year’s protests ousted military autocrat Hosni Mubarak.

Egypt’s Muslim Brotherhood are spiritual mentors of Hamas, yet Mursi has also pledged to respect Cairo’s 1979 peace treaty with Israel, seen in the West as the cornerstone of regional security. Egypt and Israel both receive billions of dollars in U.S. military aid to underwrite their treaty.

Mursi has vocally denounced the Israeli military action while promoting Egypt as a mediator, a mission that his prime minister’s visit was intended to further.

A Palestinian official close to Egypt’s mediators told Reuters Kandil’s visit “was the beginning of a process to explore the possibility of reaching a truce. It is early to speak of any details or of how things will evolve”.

Hamas fighters are no match for the Israeli military. The last Gaza war, involving a three-week long Israeli air blitz and ground invasion over the New Year period of 2008-2009, killed more than 1,400 Palestinians, mostly civilians. Thirteen Israelis died.

Tunisia’s foreign minister was due to visit Gaza on Saturday “to provide all political support for Gaza” the spokesman for the Tunisian president, Moncef Marzouki, said in a statement.

The United States asked countries that have contact with Hamas to urge the Islamist movement to stop its rocket attacks.

Hamas refuses to recognize Israel’s right to exist. By contrast, Palestinian President Mahmoud Abbas, who rules in the nearby West Bank, does recognize Israel, but peace talks between the two sides have been frozen since 2010.

Abbas’s supporters say they will push ahead with a plan to have Palestine declared an “observer state” rather than a mere “entity” at the United Nations later this month.

(Additional reporting by Maayan Lubell, Jeffrey Heller and Crispian Balmer in Jerusalem; Writing by Jeffrey Heller; Editing by Giles Elgood)

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Samsung goes after HTC deal to undercut Apple-filing

SAN FRANCISCO (Reuters) – When Apple Inc and HTC Corp last week ended their worldwide legal battles with a 10-year patent licensing agreement, they declined to answer a critical question: whether all of Apple‘s patents were covered by the deal.

It’s an enormously important issue for the broader smartphone patent wars. If all the Apple patents are included -including the “user experience” patents that the company has previously insisted it would not license – it could undermine the iPhone makers efforts to permanently ban the sale of products that copy its technology.

Samsung Electronics Co Ltd, which could face such a sales ban following a crushing jury verdict against it in August, now plans to ask a U.S. judge to force Apple to turn over a copy of the HTC agreement, according to a court filing on Friday.

Representatives for Apple and Samsung could not immediately be reached for comment.

Judges are reluctant to block the sale of products if the dispute can be resolved via a licensing agreement. To secure an injunction against Samsung, Apple must show the copying of its technology caused irreparable harm and that money, by itself, is an inadequate remedy.

Ron Laurie, managing director of Inflexion Point Strategy and a veteran IP lawyer, said he found it very unlikely that HTC would agree to a settlement that did not include all the patents.

If the deal did in fact include everything, Laurie and other legal experts said that would represent a very clear signal that Apple under CEO Tim Cook was taking a much different approach to patent issues than his predecessor, Steve Jobs.

Apple first sued HTC in March 2010, and has been litigating for more than two years against handset manufacturers who use Google’s Android operating system.

Apple co-founder Jobs promised to go “thermonuclear” on Android, and that threat has manifested in Apple’s repeated bids for court-imposed bans on the sale of its rivals’ phones.

Cook, on the other hand, has said he prefers to settle rather than litigate, if the terms are reasonable. But prior to this month, Apple showed little willingness to license its patents to an Android maker.

HOLY PATENTS

In August, a Northern California jury handed Apple a $ 1.05 billion verdict, finding that Samsung’s phones violated a series of Apple’s software and design patents.

Apple quickly asked U.S. District Judge Lucy Koh to impose a permanent sales ban on those Samsung phones, and a hearing is scheduled for next month in San Jose, California.

In a surprise announcement on Saturday, however, Apple and HTC announced a license agreement covering “current and future patents” at both companies. Specific terms are unknown, though analysts have speculated that HTC will pay Apple somewhere between $ 5 and $ 10 per phone.

During the Samsung trial, Apple IP chief Boris Teksler said the company is generally willing to license many of its patents – except for those that cover what he called Apple’s “unique user experience” like touchscreen functionality and design.

However, Teksler acknowledged that Apple has, on a few occasions, licensed those holy patents – most notably to Microsoft, which signed an anti-cloning agreement as part of the deal.

In opposing Apple’s injunction request last month, Samsung said Apple’s willingness to license at all shows money should be sufficient compensation, court documents show.

Apple has already licensed at least one of the prized patents in the Samsung case to both Nokia and IBM. That fact was confidential until late last year, when the court mistakenly released a ruling with details that should have been hidden from public view.

In a court filing last week, Apple argued that its Nokia, IBM and Microsoft deals shouldn’t stand in the way of an injunction. Microsoft’s license only covers Apple patents filed before 2002, and IBM signed several years before the iPhone launched, according to Apple.

“IBM’s agreement is a cross license with a party that does not market smartphones,” Apple wrote.

Apple’s seeming shift away from Jobs-style war, and toward licensing, may also reflect a realization that injunctions have become harder to obtain for a variety of reasons.

Colleen Chien, a professor at Santa Clara Law in Silicon Valley, said an appellate ruling last month that tossed Apple’s pretrial injunction against the Samsung Nexus phone raised the legal standard for everyone.

“The ability of technology companies to get injunctions on big products based on small inventions, unless the inventions drive consumer’s demand, has been whittled away significantly,” Chien said.

The case in U.S. District Court, Northern District of California is Apple Inc v. Samsung Electronics Co Ltd et al, 11-1846.

(Reporting By Dan Levine and Poornima Gupta; Editing by Bernard Orr)

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Can NBC keep up its ratings swagger without NFL, “The Voice”?

NEW YORK (Reuters) – NBC is expected to wrap up its fall season as the No. 1 broadcast network in the key 18-49 advertising demographic for the first time in a decade.

The network’s catapult to first place from fourth in the ratings is the biggest surprise so far of the young TV season. The question is how long can its ratings momentum last.

The Comcast-owned network has seen a surge in the fall fueled by two shows that won’t be around by the end of December, its red-hot Sunday Night NFL telecast and the hugely popular singing competition “The Voice.”

The numbers are shining a positive light on Entertainment Chief Bob Greenblatt, in his second year since moving over from the Showtime cable network. In the first quarter of 2013, however, analysts and advertising buyers say holes in NBC‘s lineup can’t make up for the loss of its two top shows.

“I’m skeptical about whether their ratings are sustainable,” said Brad Adgate, who heads research for the advertising firm Horizon Media. “Once those shows go on hiatus or they are doing repeats, I’d be surprised if what they replace with them with will deliver those type of numbers.”

When the TV season started, NBC boosted its ratings by adding a second season of the “The Voice” in the fall, instead of airing it only during the spring, and showing it on Mondays and Tuesdays.

The show gave NBC ratings victories in the 18-49 demographic, the age group that advertisers seek, has consistently won its time slots while boosting shows like “Revolution” and “Go On” that followed it.

Total viewers increased from a year ago by 20 percent, to an average of 8.8 million per night, while rivals CBS, FOX and ABC are all down in total viewers.

NBC‘s ratings engines throttle back without “The Voice,” which goes off the air from Dec 17 until March 25. When it returns, it also faces an uncertain reception as new judges Shakira and Usher replace Christina Aguilera and Cee Lo Green.

On December 30, NBC will air its final Sunday night football game of the year, taking prime time’s top-rated show with it, Jeff Bader, NBC‘s president of program planning, strategy and research, said in an interview on Thursday.

NBC‘s ratings will weaken in January, he conceded. The January-to-March period won’t be “necessarily about winning” in the ratings but about getting one or two shows to stick with viewers, he said.

“I wish we had Sunday night football all year, but hopefully these other returning shows will keep us in the hunt,” Bader said.

UBS analyst John Janedis predicts that CBS and FOX will move past the Peacock network by the end of the TV season, and CBS’ Chief Executive Les Moonves vowed on a November 7 earnings call that his network will finish “on top” and “strong in every single one of the key demos.”

“The Voice” served as a launch pad for the hit drama “Revolution,” a post-apocalyptic thriller that airs on Mondays and is set 15 years after all the world’s electricity stopped functioning. But that show, like “The Voice,” is going on hiatus from November 26 to March 25.

Greenblatt has “to make sure that ‘Revolution’ stays strong, said Optimedia media buyer Maureen Bosetti. “I’m a little bit cautious to say he’s a huge success until he’s got more solid hits under his belt that he’s developed.”

NBC will air the weight-loss reality show “The Biggest Loser” in the place of “the Voice” on Mondays, followed by “Deception,” a one-hour soap opera about a murder in a wealthy family that replaces “Revolution.” On Tuesdays, a reality show called “Betty White’s Off Their Rockers” featuring senior citizens playing pranks will take “the Voice” slot.

Ad agency GroupM media buyer Shari Cohen is more optimistic about NBC‘s chances without “The Voice” and said she is impressed by the network’s comeback this season.

“The void will be felt, but there’s confidence enough in their strategy and other nights of the week where they have been gaining traction and things that will be coming back in 2013 like ‘Smash’,” Cohen said.

“Smash,” a lavishly produced and heavily promoted musical drama about a Broadway show starring Katharine McPhee and Debra Messing, finished as NBC‘s top drama in its first season in 18-49 age group and will return for its second season February 5.

The show is heavily championed by Greenblatt, the programming chief who came to Comcast in 2011 after it took control of NBC in a $ 30 billion deal. When he left the CBS-owned Showtime cable channel, it was in the midst of a phenomenal run of developing hit shows such as “Dexter,” “Weeds,” and “The L Word” for cable’s Showtime network.

Greenblatt’s programming performance has been mixed at NBC. He inherited the “The Voice,” and had the benefit of this summer’s NBC Olympic telecast, which enabled him to promote the fall lineup before the more than 30 million people who tuned into the London games each night.

That gave a boost to “Revolution, “Go On” and “The New Normal,” a sitcom from “Glee” creator Ryan Murphy, which were all ordered for full-seasons and are all highly rated new shows. But “Animal Practice,” another program that aired in a special preview after one Olympics telecast, was canceled after six episodes.

NBC is coming off a strong third quarter in which its revenue jumped 31.2 percent to $ 6.8 billion thanks Deto the London Olympics. Excluding the Olympics, its revenue increased 8.3 percent, the company said.

Amy Yong, a sell-side analyst for Macquarie bank, raised her estimates on Comcast in October, citing ratings growth at NBC as a contributing factors.

The NBC model for continued success resembles a strategy employed by Fox, which scheduled shows like “House” and “Bones” after the then-towering ratings champ “American Idol.”

Bader, the NBC scheduling executive, said his network will continue to use “The Voice”‘s momentum as best it can even as it heads toward its three-month break. After the December 17 finale, NBC will air a preview of a new comedy set in the White House called “1600 Penn.”

(Reporting By Liana B. Baker; Editing by Ronald Grover and Leslie Gevirtz)

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Smoking in pregnancy tied to lower reading scores

NEW YORK (Reuters Health) – Babies exposed to their mother’s cigarette smoke in the womb later perform more poorly on reading comprehension tests, according to a new study.

“It’s not a little difference – it’s a big difference in accuracy and comprehension at a critical time when children are being assessed, and are getting a sense of what it means to be successful,” lead author Dr. Jeffrey Gruen of Yale University told Reuters Health.

In the study, researchers found that children born to mothers who smoked more than one pack per day struggled on tests specifically designed to measure how accurately a child reads aloud and if she understands what she read.

On average, children exposed to high levels of nicotine in utero — defined as the minimum amount in one pack of cigarettes per day — scored 21 percent lower in these areas than classmates born to non-smoking mothers. The difference remained even when researchers took other factors — such as if parents read books to their children, worked in lower-paying jobs or were married — into account.

Put another way, among students who share similar backgrounds and education, a child of a smoking mother will on average be ranked seven places lower in a class of 31 in reading accuracy and comprehension ability, said co-author Jan Frijters of Brock University in Ontario, Canada.

Previous studies have found smoking during pregnancy is linked to lower IQ scores and academic achievement, and more behavioral disorders. The authors found no reports so far that zeroed in on specific reading tasks like accuracy and comprehension in a large population.

The team, which published their results in The Journal of Pediatrics, pulled data from more than 5,000 children involved in the Avon Longitudinal Study of Parents and Children (ALSPC) study that began in the early 1990s in the UK. Only data from children with IQ scores of 76 and higher were used. An IQ score of 70 and below can be the sign of a mental disability.

UK researchers collected questionnaires from mothers before and after giving birth. This helps make the self-reported data more trustworthy, explained Sam Oh of the University of California, San Francisco, who wasn’t involved with the work. If mothers knew their child’s reading scores beforehand, they might subconsciously report more or less smoking.

“To me, this study suggests that the effects attributed to in utero smoking can in fact be attributed to the intrauterine environment, and not due to environmental differences that the children grow up in,” Oh told Reuters Health by email.

Large observational studies like this one call attention to patterns, but do not prove a direct cause-effect relationship between cigarette smoking and low reading scores.

Despite public health initiatives to discourage smoking, as many as one in six pregnant American women still light up, according to national surveys by the Centers for Disease Control and Prevention and the U.S. Department of Health and Human Services.

“That is a lot of children,” Dr. Tomáš Paus of the University of Toronto told Reuters Health.

Paus added that the study tied the effects of low test scores to nicotine in cigarettes, which also produce other harmful chemicals and carbon dioxide. Either way, smoking while pregnant seems to put a baby at risk for negative health outcomes.

“We should not be happy with those rates. Smoking during pregnancy is preventable,” Paus said.

SOURCE: http://bit.ly/W7v2kM The Journal of Pediatrics, online November 5, 2012.

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Blast rocks Gulf oil rig, two missing

Ships and helicopters are searching for two oil rig workers who disappeared when an explosion rocked a gulf oil rig off the coast of Louisiana and set it on fire, Coast Guard officials said.

Eleven other crew members were flown to hospitals, and four of them are listed in critical condition. No one has been confirmed dead.

Earlier reports by the Coast Guard that as many as 15 people were unaccounted for were resolved as the workers were located.

Among the injured were four who were airlifted for medical treatment to the West Jefferson Medical Center, where they are in critical condition after suffering serious burns. All four are intubated and will be evacuated to Baton Rouge Burn Center when they are stabilized, according to West Jefferson spokesman Taslin Alfonzo.

Three helicopters and two rescue boats are scouring the water looking for the missing crew members, according to Ed Cubanski, chief of the U.S. Coast Guard response.

The Coast Guard said that a Black Elk Energy Co. oil and natural gas platform caught fire after workers using a torch cut a line that had 28 gallons of oil in it, causing an explosion.

Black Elk's CEO, John Hoffman, said that the wrong tool was used in cutting the line. Contract workers should have used a saw instead of a torch, which caught vapors and caused the blast. The workers were employees of Grand Isle Shipyard, not Black Elk, he said. All of the individuals were men.

The rig was offline for maintenance and was scheduled to go back online for production later this month.

There were 22 people on board at the time of the explosion, according to the Coast Guard.

An oil sheen a half mile long and 200 yards wide has spread over the water surrounding the platform, which sits in 56 feet of water. The platform was shut down for the work at the time of the accident, Cubanski said.

The platform was located about 20 nautical miles southeast of Grand Isle, La., when the explosion happened, Vega said.

The explosion and fire comes the day after BP agreed to a $4 billion settlement for the 2010 Deepwater Horizon explosion in the gulf, triggering the worst offshore oil spill in the country's history.

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France urges Mali to step up talks with rebels

PARIS (AP) — France‘s president called Thursday for stepped-up talks between Mali’s government and any leaders from its breakaway north “who reject terrorism,” even as African nations geared up for a possible military operation against Islamic extremists there.

President Francois Hollande‘s comments suggested a growing openness to dialogue with the extremists, but he remained committed to supporting the military planning effort.

Northern Mali fell to Islamic extremists in April, after coup leaders toppled the government in Bamako, Mali‘s capital. Fearing that northern Mali could become the latest hotbed of terrorism, France has been a driving force in international efforts to bolster Mali’s army to drive the Islamists from power.

Hollande spoke with interim Mali President Dioncounda Traore by phone on Thursday, partly to detail European efforts to help strengthen Mali’s army.

In recent days, representatives from the most moderate of three al-Qaida-linked groups that control northern Mali have been meeting with Burkina Faso‘s president, appointed as a mediator.

“France reiterates its wish that political dialogue will intensify between Malian authorities and representatives of northern populations who reject terrorism,” Hollande’s office said in a statement. “The acceleration of this dialogue must accompany the progress in African military-planning efforts.”

Earlier this week, the African Union approved a plan that calls for 3,300 African troops to be deployed in order to win back Mali’s north. European countries including France and Germany have expressed a willingness to provide military trainers and logistics support, but have stopped short of committing combat troops.

France, like many European countries, fears that the arid, northern Sahel region of Mali could become a breeding ground for terrorism, where al-Qaida and its allies could plot hostage-takings and attacks in Europe or beyond.

France has millions of people whose families hail from former French colonies in north and west Africa. Authorities have long been concerned that French-born militants could travel abroad for terrorism training and return home later to possibly carry out attacks.

French authorities are already investigating two French citizens who were arrested in Mali and neighboring Niger and are suspected of seeking to join up with the al-Qaida-linked extremists, a judicial official told The Associated Press.

Ibrahim Ouattara, a 24-year-old native of the northern Paris suburb of Aubervilliers who has dual French and Malian nationality, was arrested inside Mali this month and remains in custody there, the official said.

Separately, a 27-year-old Frenchman was arrested in August in Niger and has since been handed over to authorities in France, the official said, speaking on condition of anonymity because she was not authorized to discuss terrorism cases publicly.

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ABC Adapting Disney Theme-Park Ride for “Big Thunder Mountain” Pilot

LOS ANGELES (TheWrap.com) – ABC found ratings success by adapting Disney‘s finest fairy tales into the one-hour drama series “Once Upon a Time,” so it’s not surprising that the network has turned to a theme-park ride from its parent company for inspiration as well.

Popular roller coaster Big Thunder Mountain Railroad is being adapted for a television pilot by the Disney-owned network, an individual with knowledge of the situation told TheWrap.

Chris Morgan (“Wanted,” “Fast Five”) will co-write the story with “Ice Age: Continental Drift’s” Jason Fuchs, who will write the teleplay. ABC has ordered a script from ABC Studios, the individual said.

No word on what the show will have in common with the ride, but if it sticks with the theme presented to visitors at parks in California, Florida, Paris and Tokyo, it should have something to do with a mining town being destroyed by a natural disaster after settlers desecrate sacred Native American land.

Two other film projects have been developed based on Disney rides, “Pirates of the Caribbean” and 2003′s not-equally-successful “The Haunted Mansion.”

Morgan is represented by ICM Partners and McKuin Frankel, while Fuchs is repped by WME and Brookside and Bloom Hergott.

The Hollywood Reporter first broke the news on “Big Thunder Mountain.”

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Kids with Down syndrome twice as likely to be heavy

NEW YORK (Reuters Health) – More than one in four children with Down syndrome in The Netherlands is overweight, a rate double that of Dutch youth without the developmental disability, according to a new study.

“We were alarmed by the high prevalence of overweight in children with Down syndrome,” said Dr. Helma van Gameren-Oosterom, the lead author of the study from the Netherlands Organization for Applied Scientific Research in Leiden.

“Of course we knew that the prevalence of overweight is rising; for Dutch standards a twofold level, however, was not expected.”

Previous studies have suggested children with Down syndrome are especially prone to being heavy. But researchers still aren’t sure why that is, according to Dr. Sheela Magge, an endocrinologist at Children’s Hospital of Philadelphia, who was not part of the new study.

Theories have ranged from physiological differences in metabolism or the way the body suppresses appetite to behavioral differences, such as in how much exercise children get, she said, but no studies have been able to pin down the definitive cause.

About 6,000 babies – or one in every 691 – are born with Down syndrome each year in the U.S., according to the Centers for Disease Control and Prevention.

For the latest study, the researchers compared growth patterns among 659 children with Down syndrome and no other health problems to general data on youth in The Netherlands.

By calculating kids’ weight relative to their height – a unit called body mass index (BMI) – the research team determined which children were overweight and which were obese. The BMI cutoffs for obesity and overweight are different for each age in children.

Magge said they’re not a perfect measure for children with Down syndrome because their body proportions are different than those of other children, but it’s the best available yardstick for now.

Gameren-Oosterom and her colleagues found 25.5 percent of boys with Down syndrome were overweight and 4.2 percent were obese.

Among girls with the condition, 32 percent were overweight and 5.1 percent obese, they report in the medical journal Pediatrics.

In comparison, children in the rest of the Dutch population had much lower rates: for boys, 12.3 percent were overweight and 1.7 percent obese; for girls, 14.7 percent were overweight and 2.2 percent were obese.

Magge said researchers have also observed higher rates of overweight among children with Down syndrome in the U.S.

Gameren-Oosterom wrote in an email to Reuters Health that she and her colleagues suspect lifestyle has something to do with that pattern. Because it’s harder for young people with Down syndrome to develop their motor skills, they may be less active.

Low muscle tone and poor coordination often accompany the disability as well, Magge told Reuters Health.

Her concern with so many kids being overweight is that as people with Down syndrome are living longer, “we may start seeing more complications and comorbidities such as diabetes, cardiovascular disease (and) hypertension, all those things that we worry about in all of our obese adolescents.”

Gameren-Oosterom said it’s difficult to develop a prevention or treatment strategy to target overweight and obesity in children with Down syndrome, given that the causes are unknown.

But like all youth, she added, those children will benefit from a healthy diet and sufficient exercise.

Magge said people with Down syndrome tend to prefer keeping strict routines, which could be something parents can take advantage of to help instill healthy habits.

“In adults it might be that if they get into a routine of eating healthy it’s more likely to stick,” she said.

SOURCE: http://bit.ly/SnWv05 Pediatrics, online November 12, 2012.

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BP employees charged with manslaughter

NEW ORLEANS (AP) — Two men who worked for BP during the 2010 Gulf oil spill disaster have been charged with manslaughter and a third with lying to federal investigators, according to indictments made public Thursday, hours after BP announced it was paying $4.5 billion in a settlement with the U.S. government over the disaster.

A federal indictment unsealed in New Orleans claims BP well site leaders Robert Kaluza and Donald Vidrine acted negligently in their supervision of key safety tests performed on the Deepwater Horizon drilling rig before the explosion killed 11 workers in April 2010. The indictment says Kaluza and Vidrine failed to phone engineers onshore to alert them of problems in the drilling operation.

Another indictment charges David Rainey, who was BP's vice president of exploration for the Gulf of Mexico, on charges of obstruction of Congress and false statements. The indictment claims the former executive lied to federal investigators when they asked him how he calculated a flow rate estimate for BP's blown-out well in the days after the April 2010 disaster.

Before Thursday, the only person charged in the disaster was a former BP engineer who was arrested in April on obstruction of justice charges. He was accused of deleting text messages about the company's response to the spill.

Earlier in the day, BP PLC said it would plead guilty to criminal charges related to the deaths of 11 workers and lying to Congress.

The day of reckoning comes more than two years after the nation's worst offshore oil spill. The figure includes nearly $1.3 billion in criminal fines — the biggest criminal penalty in U.S. history — along with payments to certain government entities.

"We believe this resolution is in the best interest of BP and its shareholders," said Carl-Henric Svanberg, BP chairman. "It removes two significant legal risks and allows us to vigorously defend the company against the remaining civil claims."

The settlement, which is subject to approval by a federal judge, includes payments of nearly $2.4 billion to the National Fish and Wildlife Foundation, $350 million to the National Academy of Sciences and about $500 million to the Securities and Exchange Commission. The SEC accused BP of misleading investors by lowballing the amount of crude spewing from the ruptured well.

London-based BP said in a statement that the settlement would not cover any civil penalties the U.S. government might seek under the Clean Water Act and other laws. Nor does it cover billions of dollars in claims brought by states, businesses and individuals, including fishermen, restaurants and property owners.

A federal judge in New Orleans is weighing a separate, proposed $7.8 billion settlement between BP and more than 100,000 businesses and individuals who say they were harmed by the spill.

BP will plead guilty to 11 felony counts of misconduct or neglect of a ship's officers, one felony count of obstruction of Congress and one misdemeanor count each under the Migratory Bird Treaty Act and the Clean Water Act. The workers' deaths were prosecuted under a provision of the Seaman's Manslaughter Act. The obstruction charge is for lying to Congress about how much oil was spilling.

The penalty will be paid over five years. BP made a profit of $5.5 billion in the most recent quarter. The largest previous corporate criminal penalty assessed by the U.S. Justice Department was a $1.2 billion fine imposed on drug maker Pfizer in 2009.

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Egypt recalls envoy to Israel after Gaza strike

CAIRO (AP) — Egypt has recalled its ambassador to Israel after an Israeli airstrike killed the military commander of Gaza‘s ruling Hamas.

In a statement read on state TV late Wednesday, spokesman Yasser Ali said that President Mohammed Morsi recalled the ambassador and asked the Arab League‘s Secretary General to convene an emergency ministerial meeting in the wake of the Gaza violence.

Morsi also called for an immediate cease fire between Israel and Hamas, an offshoot of Morsi’s Muslim Brotherhood. Israel says it struck in response to rocket attacks from Gaza.

Hours earlier, Morsi’s Muslim Brotherhood group denounced the Israeli airstrike as a “crime that requires a quick Arab and international response to stem these massacres.”

Relations between Israel and Egypt have deteriorated since longtime President Hosni Mubarak was ousted last year.

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Judge tosses anti-paparazzi counts in Bieber case

LOS ANGELES (AP) — A law aimed at combating reckless driving by paparazzi is overly broad and should not be used against the first photographer charged under its provisions, a judge ruled Wednesday.

Superior Court Judge Thomas Rubinson dismissed counts filed under the law against Paul Raef, who was charged in July with being involved in a high-speed pursuit of Justin Bieber.

The judge cited numerous problems with the 2010 statute, saying it was aimed at newsgathering activities protected by the First Amendment, and lawmakers should have simply increased the penalties for reckless driving rather than targeting celebrity photographers.

Attorneys for Raef argued the law was unconstitutional and wasn’t meant to protect the public.

“It’s about protecting celebrities,” attorney Brad Kasierman said. “This discrimination sets a dangerous precedent.”

Prosecutors argued that the law, which seeks to punish those who drive dangerously in pursuit of photos for commercial gain, could apply to people in other professions, not just the media.

“The focus is not the photo. The focus is on the driving,” Assistant City Attorney Ann Rosenthal argued.

While the media is granted freedom under the First Amendment, its latitude to gather news is not unlimited, Rosenthal argued.

“This activity has been found to be particularly dangerous,” she said of chases involving paparazzi.

Raef still faces traditional reckless driving counts and has not yet entered a plea,

Prosecutors claim he chased Bieber at more than 80 mph and forced other motorists to avoid collisions while trying to get shots of the teen heartthrob on a Los Angeles freeway.

The chase prompted several 911 calls from scared motorists and led to Bieber being pulled over.

Rubinson cited hypothetical examples in which wedding photographers or even those rushing to do a portrait shoot with a celebrity could face additional penalties if charged under the new statute.

Rosenthal also argued that the judge should look at factors specific to Raef’s case, not hypothetical scenarios.

Kaiserman said the ruling only applies to Raef’s case but could lead to the law being struck down if prosecutors appeal.

___

Anthony McCartney can be reached at http://twitter.com/mccartneyAP

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U.S. Congress takes aim at FDA over meningitis outbreak

WASHINGTON/NEW YORK (Reuters) – Members of a congressional committee investigating the deadly U.S. meningitis outbreak accused the Food and Drug Administration on Wednesday of failing to prevent the crisis by moving too slowly against a Massachusetts pharmacy.

Tainted steroids from the pharmacy, New England Compounding Center (NECC), have so far killed 32 people and sickened 461 in 19 states, according to updated figures from the U.S. Centers for Disease Control and Prevention. Those numbers are expected to rise with as many as 14,000 people having been exposed to the drugs injected to ease back pain.

“After a tragedy like this, the first question we all ask is: could this have been prevented? After an examination of documents produced by the Massachusetts Board of Pharmacy and the U.S. Food and Drug Administration, the answer here appears to be yes,” Cliff Stearns, Republican chairman of the oversight and investigations panel, said at the hearing of the House Energy and Commerce Committee.

The panel aims to learn why regulators took no action against the Framingham, Massachusetts-based compounding pharmacy that manufactured the tainted drug – despite repeated problems dating back to 1999, including adverse patient reactions to a sterile steroid treatment from as early as 2002.

In a highly contentious hearing that lasted four hours, committee members repeatedly accused FDA Commissioner Margaret Hamburg of failing to answer questions about FDA authority and a lack of action against NECC. Hamburg in turn insisted that the FDA lacks clear authority to regulate compounding pharmacies due to conflicting court rulings and other regulatory ambiguities.

She said new laws must be passed that give the FDA clear authority to regulate compounding pharmacies as it does large drug manufacturers.

“This isn’t, sadly, an isolated incident. This is the worst and most tragic. It should be the last wakeup call for us,” Hamburg said of the deadly meningitis outbreak.

“We really need a strong, clear and appropriate legislation. We cannot have a crazy quilt where different parts of the country are subject to different legal frameworks,” she told the committee.

UNREGULATED COMPOUNDING

Drug compounding is a little-known practice in which pharmacists traditionally alter or recombine drugs to meet the special needs of specific patients with a doctor’s prescription. It is overseen primarily by state authorities that are often ill-equipped for the job.

But in some cases, as with NECC, compounding has evolved to include large-scale production that some experts view as drug manufacturing that should be subject to FDA regulation.

FDA and Massachusetts officials inspected the NECC more than 10 years ago after patients were hospitalized with meningitis-like symptoms and identified contamination in the same drug at issue in the current outbreak.

“Ten years later, we are in the midst of an unthinkable, worst-case scenario – the body count is growing by the day – and hundreds, hundreds – have fallen ill. Inexcusable,” said Fred Upton, Republican chairman of the House Energy and Commerce Committee.

Upton criticized FDA for not providing all the documents related to NECC or a clear timeline of events. He said his committee requested both more than a month ago.

However, U.S. Representative Henry Waxman of California, the committee’s ranking Democrat, defended the FDA and turned his ire toward NECC.

“Let’s not lose sight of the wrongdoers as we go around blaming regulators,” Waxman said.

He noted that the FDA knew 10 years ago that there could be a meningitis outbreak due to practices at NECC “and it wasn’t corrected by the company.”

He said the agency met with “stubborn refusals and a challenge to FDA’s authority” from NECC officials.

Waxman called for bipartisan legislation that gives FDA clear and effective authority to prevent compounders from becoming dangerous drug manufacturers like NECC.

HAMBURG IN HOT SEAT

But Republican committee members repeatedly, and sometimes angrily, challenged Hamburg’s contention that FDA lacked the authority to oversee compounders that had grown into defacto manufacturers.

“We’re just not buying it Ms. Hamburg,” said Representative Michael Burgess of Texas, an obstetrician by profession.

“Go look in the eyes of the victims and try to tell them that,” said Republican Tim Murphy of Pennsylvania.

Nebraska Republican Lee Terry was extremely combative with Hamburg, repeatedly asking for specific statutes that prevented FDA oversight of compounders and cutting off her attempts to respond. Terry went as far as accusing the commissioner of deliberately providing written testimony in the middle of the night so committee members had little time to review it.

“I know that you’re frustrated with my answers and I’m sorry. I can’t just give ‘yes or no’ answers. This is complex,” Hamburg told Murphy at one point.

Murphy shot back that what victims were going through was complex. “Leadership is easy if you’re willing to accept it. You are not.”

Florida Democrat Kathy Castor rose to Hamburg’s defense in describing current laws on regulating compounders as varying from region to region, creating conflicting enforcement issues.

“There is ambiguity. There is great ambiguity,” she said.

Waxman also attempted to rescue Hamburg, accusing Republican counterparts of playing politics. “I have a feeling, Dr. Hamburg, that you’re being picked on by Republicans because you’re with the Obama administration,” he said.

He pointed out that past FDA failures being referred to took place under a different commissioner during the Bush administration.

The panel also heard testimony from the widow of one of the victims, as well as Massachusetts Department of Public Health interim Commissioner Dr. Lauren Smith, to whom congress members were respectful and complimentary, and NECC co-owner Barry Cadden, who refused to answer any questions from the committee.

Cadden, a short, middle-aged man flanked by two attorneys, appeared before the committee with spiky close-cropped hair and wearing a dark gray business suit. He repeatedly cited his right to not incriminate himself under the fifth amendment of the U.S. Constitution when asked to explain breakdowns in sanitary conditions at NECC that led to the meningitis outbreak.

The Massachusetts Board of Registration in Pharmacy, which does have oversight of NECC, failed to carry out sanctions against the company despite repeated problems that culminated in this year’s outbreak.

Several lawmakers questioned Smith about relations between NECC and the Massachusetts pharmacy board, some saying reports of close ties among individuals could have encouraged state regulators to favor the interests of pharmacies over patients.

Waxman noted that weak sanctions to which NECC previously agreed occurred when Mitt Romney was governor of Massachusetts.

The committee heard emotional testimony from the 78-year-old widow of a Kentucky judge who was among the first to die in the meningitis outbreak.

“It was such a useless thing that happened to my husband,” Joyce Lovelace said, testifying from a wheelchair.

“I can’t begin to tell you what I have lost,” she said, her voice breaking with emotion. “I’ve come here begging you to do something about it.”

Democrat Edward Markey, whose congressional district includes the town where NECC is located, said Congress would take action.

“I commit to you and all the victims that we will not stop until this industry is safe,” he said.

(Additional reporting by Bill Berkrot in New York; Editing by Dan Grebler, Andrew Hay and Maureen Bavdek)

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Obama warns GOP to lay off Rice attacks

President Barack Obama speaks at his first news conference since his reelection. (Kevin Lamarque/Reuters)President Barack Obama bluntly told John McCain and other Republicans to lay off their attacks against U.N. Ambassador Susan Rice over the Benghazi assault, telling lawmakers that if they go after her "then you have a problem with me." And Obama, speaking at his first post-election press conference, vowed that Republican opposition would not dissuade him from nominating Rice to replace departing Secretary of State Hillary Clinton.

"I don't think there's any debate in this country that when you have four Americans killed that's a problem," he told reporters in the East Room of the White House. "And we've got to get to the bottom of it, and there needs to be accountability, we've got to bring those who carried it out to justice --they won't get any debate from me on that."

"But when they go after the U.N. ambassador, apparently because they think she's an easy target, then they've got a problem with me," he warned.

McCain, Senator Lindsey Graham of South Carolina, and some other Republicans have signaled they will oppose Rice's confirmation if Obama nominates her. Their numbers thus far seem far short of the 40 needed to block it, and some Republican senators have signaled that she should get a fair hearing.

"Let me say specifically about Susan Rice: She has done exemplary work. She has represented the United States and our interests in the United Nations with skill, and professionalism, and toughness, and grace," Obama said.

"And should I choose, if I think that she would be the best person to serve America in the capacity of the State Department, then I will nominate her," he vowed. "That's not a determination that I've made yet."

Rice and Democratic Senator John Kerry, who chairs the Senate Foreign Relations Committee, are seen as the front-runners in the race to succeed Clinton.

Conservatives have assailed Rice, who is close to Obama, ever since she made the rounds of the Sunday morning talk shows and said that American intelligence believed that the attack on the American compound in Benghazi, which claimed the lives of U.S. Ambassador Chris Stevens and three other Americans, grew out of demonstrations against an Internet video that ridicules Islam.

"As that unfolded, it seems to have been hijacked, let us say, by some individual clusters of extremists who came with heavier weapons, weapons that, as you know, in the wake of the revolution in Libya are quite common and accessible. And it then evolved from there," she told ABC.

White House aides have said that Rice was speaking based on the best available intelligence at the time.

"She made an appearance at the request of the White House in which she gave her best understanding of the intelligence provided to her," Obama said Wednesday. "If Senator McCain and Senator Graham want to go after somebody, they should go after me."

"But for them to go after the U.N. ambassador, who had nothing to do with Benghazi, and was simply making a presentation based on intelligence that she had received, and to besmirch her reputation is outrageous," he said.

"We're after an election now," he scolded. "I think it is important for us to find out exactly what happened in Benghazi, and I'm happy to cooperate in any ways that Congress wants. We have provided every bit of information that we have and we will continue to provide information and we've got a full-blown investigation. And all that information will be disgorged to Congress."

McCain and Graham hit back quickly.

"I have always said that the buck stops with the President of the United States," the Arizona senator said in a written statement. McCain accused Obama of "contradictory statements" about the attack, labeling it an "act of terror" the day after it happened then resisting the use of the word "terrorism" for roughly a week afterwards.

"We owe the American people and the families of the murdered Americans a full and complete explanation, which for two months the President has failed to deliver," said McCain, who has called for Congress to create a "select committee" to investigate.

"Mr. President, don't think for one minute I don't hold you ultimately responsible for Benghazi.  I think you failed as commander in chief before, during and after the attack," Graham said in a statement released by his office.

"We owe it to the American people and the victims of this attack to have full, fair hearings and accountability be assigned where appropriate. Given what I know now, I have no intention of promoting anyone who is up to their eyeballs in the Benghazi debacle," Graham said.

Obama opened what was his first press conference in months with a vow to work with both parties in Congress to tackle the so-called fiscal cliff and revive the economy. He also said he had "no evidence" that the scandal that led David Petraeus to resign in disgrace from his job as CIA director had led to breaches in classified national security material.

"Right now our economy is still recovering from a very deep and damaging crisis, so our top priority has to be jobs and growth," Obama said in opening remarks in the East Room of the White House.

"Both parties can work together" to address the fiscal challenges "in a balanced and responsible way," he said, before pushing Republicans to sign on to his call for raising taxes on the richest Americans.

Asked whether the scandal the drove Petraeus from office had led to national security breaches, Obama replied: "I have no evidence at this point, from what I've seen, that classified information was disclosed that in any way would have had a negative impact on our national security." And the president praised the retired general, saying "we are safer because of the work Dave Petraeus has done."

Asked for his appraisal of the FBI's work in bringing to light the marital infidelity that Petraeus cited in his resignation message, and why he and the American public learned of the probe only earlier this month, Obama said "I am withholding judgment" on that process but expressed "a lot of confidence generally in the FBI."

Turning to his tax battle with Republicans, Obama stuck by his vow to oppose any legislation that extends the Bush-era tax cuts for the wealthiest 2 percent of Americans. The president, asked why he had agreed to extend them in the 2010 lame duck session of Congress, said that "was a one-time proposition" and that "we cannot afford" to do so again.

Obama said he would be willing to look at raising tax revenues by closing loopholes. But he warned that doing so would probably not outweigh an estimated trillion dollars lost by extending tax cuts on income above $250,000. "The math tends not to work," he said.

"I just want to emphasize: I am open to new ideas," Obama underlined. "If the Republican counterparts or some Democrats have a great idea for us to raise revenue, maintain progressivity, make sure the middle class isn't getting hit, reduces our deficit, encourages growth, I'm not going to just slam the door in their face. I want to hear ideas from everybody."

And he reiterated that he does not want just a stopgap agreement with Congress.

"I want a big deal, I want a comprehensive deal," he said. "Fair-minded people can come to an agreement."

Obama, who won the Latino vote by a lopsided margin, also vowed to pursue comprehensive immigration reform in his second term. He said it should include border enforcement, penalties for companies that knowingly hire undocumented workers, while providing "a pathway for legal status" for those who pay their taxes and learn English. He also said it should lock in his presidential determination that undocumented immigrants brought here as children should not be deported but have a potential path to citizenship.

"We need to seize the moment," he said, predicting that "we will have a bill introduced and we begin the process in Congress very soon after my inauguration."

Obama addressed a handful of other issues:

- On the standoff over Iran's suspect nuclear program

Obama pledged to "try to make a push in the coming months to see if we can open up a dialogue between Iran and not just us but the international community, to see if we can get this thing resolved. ... I can't promise that Iran will walk through the door that they need to walk though, but that would be very much the preferable option" to military action, he said.

- On the possibility of working with Republican rival Mitt Romney

Obama said that "we haven't scheduled something yet."

"I think everybody needs to catch their breath," he said. "I'm sure that Governor Romney is spending some time with his family. And my hope is, before the end of the year, though, that we have a chance to sit down and talk."

- On whether he has a mandate

"I don't presume that because I won an election, that everybody suddenly agrees with me on any — everything. I'm more than familiar with all the literature about presidential overreach in second terms," Obama said. "We are very cautious about that.

"On the other hand, I didn't get re-elected just to bask in re- election," he went on to say. "I got elected to do work on behalf of American families and small businesses all across the country who are still recovering from a really bad recession but are hopeful about the future. And I am, too."

- On climate change

Obama said he would embark "over the next several weeks, next several months" in a "wide-ranging discussion" with scientists, engineers, elected officials and others about "short-term" steps to reduce the carbon emissions that are blamed for global warming. But he seemed pessimistic about any broad response.

"I don't know what either Democrats or Republicans are prepared to do," he said. "There's no doubt that for us to take on climate change in a serious way would involve making some tough political choices."

"And you know, understandably, I think the American people right now have been so focused and will continue to be focused on our economy and jobs and growth that, you know, if the message is somehow we're going to ignore jobs and growth simply to address climate change, I don't think anybody's going to go for that. I won't go for that."

- On relations with the news media.

Bloomberg reporter Hans Nichols shouted out a question about taxes after Obama had indicated that he had already taken his final query.

"That was a great question, but it would be a horrible precedent for me to answer your question just because you yelled it out," Obama said. "So thank you very much, guys."

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General investigated for emails to Petraeus friend

PERTH, Australia (AP) — In a new twist to the Gen. David Petraeus sex scandal, the Pentagon said Tuesday that the top American commander in Afghanistan, Gen. John Allen, is under investigation for alleged “inappropriate communications” with a woman who is said to have received threatening emails from Paula Broadwell, the woman with whom Petraeus had an extramarital affair.

Defense Secretary Leon Panetta said in a written statement issued to reporters aboard his aircraft, en route from Honolulu to Perth, Australia, that the FBI referred the matter to the Pentagon on Sunday.

Panetta said that he ordered a Pentagon investigation of Allen on Monday.

A senior defense official traveling with Panetta said Allen’s communications were with Jill Kelley, who has been described as an unpaid social liaison at MacDill Air Force Base, Fla., which is headquarters to the U.S. Central Command. She is not a U.S. government employee.

Kelley is said to have received threatening emails from Broadwell, who is Petraeus’ biographer and who had an extramarital affair with Petraeus that reportedly began after he became CIA director in September 2011.

Petraeus resigned as CIA director on Friday.

Allen, a four-star Marine general, succeeded Petraeus as the top American commander in Afghanistan in July 2011.

The senior official, who discussed the matter only on condition of anonymity because it is under investigation, said Panetta believed it was prudent to launch a Pentagon investigation, although the official would not explain the nature of Allen’s problematic communications.

The official said 20,000 to 30,000 pages of emails and other documents from Allen’s communications with Kelley between 2010 and 2012 are under review. He would not say whether they involved sexual matters or whether they are thought to include unauthorized disclosures of classified information. He said he did not know whether Petraeus is mentioned in the emails.

“Gen. Allen disputes that he has engaged in any wrongdoing in this matter,” the official said. He said Allen currently is in Washington.

Panetta said that while the matter is being investigated by the Defense Department Inspector General, Allen will remain in his post as commander of the International Security Assistance Force, based in Kabul. He praised Allen as having been instrumental in making progress in the war.

The FBI’s decision to refer the Allen matter to the Pentagon rather than keep it itself, combined with Panetta’s decision to allow Allen to continue as Afghanistan commander without a suspension, suggested strongly that officials viewed whatever happened as a possible infraction of military rules rather than a violation of federal criminal law.

Allen was Deputy Commander of Central Command, based in Tampa, prior to taking over in Afghanistan. He also is a veteran of the Iraq war.

In the meantime, Panetta said, Allen’s nomination to be the next commander of U.S. European Command and the commander of NATO forces in Europe has been put on hold “until the relevant facts are determined.” He had been expected to take that new post in early 2013, if confirmed by the Senate, as had been widely expected.

Panetta said President Barack Obama was consulted and agreed that Allen’s nomination should be put on hold. Allen was to testify at his confirmation hearing before the Senate Armed Services Committee on Thursday. Panetta said he asked committee leaders to delay that hearing.

NATO officials had no comment about the delay in Allen’s appointment.

“We have seen Secretary Panetta‘s statement,” NATO spokeswoman Carmen Romero said in Brussels. “It is a U.S. investigation.”

Panetta also said he wants the Senate Armed Services Committee to act promptly on Obama’s nomination of Gen. Joseph Dunford to succeed Allen as commander in Afghanistan. That nomination was made several weeks ago. Dunford’s hearing is also scheduled for Thursday.

___

Associated Press writer Slobodan Lekic in Kabul, Afghanistan, contributed to this report.

Asia News Headlines – Yahoo! News

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