Thursday, May 31, 2012

FOXNews.com: Troops Need UN's OK toGo to Syria, Panetta Says

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Troops Need UN's OK toGo to Syria, Panetta Says
Jun 1st 2012, 03:21

While Syria is blaming rebel fighters for a weekend massacre in Houla, Defense Secretary Leon Panetta says he doesn't see the U.S. taking military action without the backing of the U.N. Security Council.

Panetta says his greatest responsibility is to make sure that if U.S. troops are deployed in any military role, that America has the support it needs from the international community.

His comments Thursday came a day after Susan Rice, the U.S. ambassador to the United Nations, suggested that some type of military intervention may be the only remaining option because diplomatic efforts so far have failed to remove Syrian President Bashar Assad from power.

"No, I cannot envision that," Panetta said when asked about military action without U.N. backing. Still he said that all options remain on the table and that the Pentagon is planning for "any contingency."

"But, ultimately, you know, the international community and the president of the United States are going to have to decide what steps to take," Panetta told reporters traveling with him to the Shangri-La Dialogue, a prominent defense conference in Singapore.

While he called the tumult in Syria an intolerable situation, his comments were more measured than other U.S. leaders Thursday, including Secretary of State Hillary Rodham Clinton, who lashed out at Russia for continuing its support of Assad.

Russia opposes military intervention in the country.

Syria on Thursday blamed up to 800 rebel fighters for the massacre in central Syria last week that killed more than 100 people, nearly half of them children, in its most comprehensive explanation to date of the bloodshed.

The narrative starkly contradicted accounts of witnesses who blamed "shabiha" or the shadowy gunmen who operate on behalf of President Bashar Assad's regime. The U.N. also said it had strong suspicions those pro-regime gunmen were responsible for much of the carnage on Friday in a cluster of villages known as Houla.

Rice dismissed the Syrian investigation's conclusion as "another blatant lie," telling reporters in New York "there is no factual evidence ... that would substantiate that rendition of events."

Facing international outrage over the killings, Damascus launched its own investigation into the deaths and announced that special prayers for the victims would be held at mosques across the country on Friday. The U.N. chief warned of civil war and pleaded with the regime to stop its attacks.

At a news conference Thursday, Qassem Jamal Suleiman, who headed the government's investigation into the massacre, categorically denied any regime role. He said hundreds of rebel gunmen carried out the slaughter after launching a coordinated attack on five security checkpoints.

The aim, he said, was to frame the government and to ignite sectarian strife in Syria.

"Government forces did not enter the area where the massacre occurred, not before the massacre and not after it," he said, adding that the victims were families who refused to oppose the government or carry arms.

A Houla-based opposition activist said it was clear that there had been no government investigation.

"The regime is looking for ways to justify the massacre to the world," said Saria al-Houlany. "It's clear that there wasn't any professional probe. ... If we had 800 fighters in Houla, this massacre would not have happened," he said.

The Houla massacre was one of the deadliest incidents since the uprising against Assad's hardline regime started in March last year. Activists say about 13,000 have been killed in 15 months.

The area is still under attack. The government focused its shelling Thursday on the Houla village of al-Tibeh. The activist group Syrian Observatory for Human Rights reported that some residents fled to nearby towns and villages "fearing a new massacre" as the area again came under fire.

Persistent bloodshed despite a cease-fire agreement has raised pressure on the international community to act.

Nearly 300 U.N. observers have been deployed around Syria to monitor a cease-fire that was supposed to go into effect on April 12 as part of a peace plan negotiated by international envoy Kofi Annan. But the plan has unraveled amid daily visit and the images from the Houla massacre caused outrage to spike.

The Associated Press contributed to this report.

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FOXNews.com: Experts: New Mexico Fire Preview of Things to Come

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Experts: New Mexico Fire Preview of Things to Come
Jun 1st 2012, 03:21

RESERVE, N.M. –  A massive wildfire in the New Mexico wilderness that already is the largest in state history spread in all directions Thursday, and experts say it's likely a preview of things to come as states across the West contend with a dangerous recipe of wind, low humidity and tinder-dry fuels.

The erratic Gila National Forest blaze grew overnight to more than 190,000 acres, or nearly 300 square miles, as it raced across the area's steep, ponderosa pine-covered hills and through its rugged canyons.

More than 1,200 firefighters are at the massive blaze near the Arizona border, which has destroyed a dozen cabins and eight outbuildings, fire information officer Iris Estes said.

Experts say persistent drought, climate change and shifts in land use and firefighting strategies mean other western states likely will see similar giant fires this season.

"We've been in a long drought cycle for the last 20 years, and conditions now are great for these type of fires," said Steve Pyne, author of "Tending Fire. Coping with America's Wildland Fires" and a life science professor at Arizona State University. "Everything is in line."

Agencies in New Mexico, Colorado, Arizona and other western states are bracing for the worst. Many counties have established emergency telephone and email notification systems to warn of wildfires, and most states have enlisted crews from nearby states to be ready when the big ones come.

"It's highly likely that these fires are going to get so big that states are going to need outside resources to fight them," said Jeremy Sullens, a wildland fire analyst at the National Interagency Fire Center.

According to the National Weather Service, a dry climate is expected to prolong drought conditions across the Great Basin and central Rockies during the fire season. Large portions of Nevada, Arizona, Utah, Colorado and New Mexico will remain under severe drought conditions.

"We're transitioning from La Nina to El Nino so we have no guidance to what's going to happen, like if we will get more rain or less rain," said Ed Polasko, a National Weather Service meteorologist.

And it's unclear what type of relief will come from monsoon season, which starts in mid-July, since experts say it's difficult to predict what areas in the West will benefit, Sullens said.

A lack of moisture means fewer fuels to burn in some areas, but unburned vegetation elsewhere could pose a problem since states received no sustained snow or rain this winter and spring.

That's what happened in New Mexico's Gila Wilderness, where a lack of snow failed to push down grass, which worsened the fire danger, Sullens said.

Typically fires in the area don't cross the middle fork of the Gila River, said Danny Montoya, a member of the fire's incident command team.

"This year, it did get across," Montoya said. "We're getting humidity levels during the day about 2 to 3 percent. Normally, during summer you'd see 5 to 12 percent."

The two-week-old Gila forest fire is the largest wildfire burning in the country. Its size this week surpassed New Mexico's last record fire, a blaze last year that charred 156,593 acres and threatened the Los Alamos National Laboratory, the nation's premier nuclear facility.

Officials on Thursday closed the Gila Cliff Dwellings National Monument due to smoke generated from the fire. The National Park Service said the closure would remain in effect until conditions improve.

Montoya said he wouldn't be surprise if smoke from the fire remained until monsoon season since the fire is burning in rough areas and it's difficult for crews to fight it head-on.

Estes said the blaze is 5 percent contained.

"We're continuing with burnout operations and we've been helped with a slight rise in humidity and decreased winds," she said.

New Mexico Gov. Susana Martinez was scheduled to fly over the fire Thursday to survey the damage.

Other reasons states in the West will see more massive fires this season is because, coupled with drought and dry climate, crews have experienced changes in firefighting strategies and agencies have changed some policies in fighting wildfires in isolated areas, Pyne said.

"In the last 20 years or so, agencies have generally been reluctant to put firefighters at risk in remote areas," Pyne said. "It wasn't like that decades ago."

Instead, he said agencies have focused attention on burnout operations until conditions are safe to begin containment.

Not that those practices and the larges fires are bad things, Pyne said. For example, he said the Gila Wilderness has been a target for controlled burns.

"So maybe," Pyne said, "this is how it's supposed to happen."

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FOXNews.com: NC the Best Fit for Dem Convention?

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NC the Best Fit for Dem Convention?
Jun 1st 2012, 01:19

CHARLOTTE, N.C. –  In less than 100 days, Democrats will gather in Charlotte, N.C., for their presidential nominating convention.

The city was a natural choice after President Obama in 2008 turned a reliably red state to blue for the first time since Jimmy Carter won it in 1976.

But how things can change in four years.

Since the president squeaked out victory in the Tar Heel state, Republicans took control of the legislature for the first time in 100 years; Democratic Gov. Bev Perdue declined to seek re-election; unemployment moved to fifth-worst in the country; and voters passed an amendment to ban same-sex marriage just days before Obama announced his support for gay marriage.

All of this has many people asking – why was it that the Democrats picked Charlotte?

"It seemed like a good idea at the time," said Larry Sabato, director of the University of Virginia Center for Politics. "It sent the right message for Democrats that they were going to fight. 

"As it has happened, with lots of different events including the gay marriage referendum and the fact that some polls have Romney leading in North Carolina, maybe it wasn't the best place to have the convention."

Scott Stone, a Republican who ran unsuccessfully for mayor of Charlotte in 2011,  agrees.

"If the (Democratic National Committee) chose Charlotte because they want a great venue with great folks and have a good time, they picked absolutely the right place," he told Fox News. "If they picked it because they think Charlotte is going to help them win North Carolina, they're absolutely wrong because North Carolina will not go Democratic in 2012."

It wouldn't take much to swing North Carolina back to the red column. 

Obama won there by just 14,000 votes, out of 4.2 million cast.

Statewide polls have the race neck-and-neck, though a recent Rasmussen poll puts Romney ahead 51 percent to 43 percent.  

Of all the issues concerning North Carolina voters, same-sex marriage is perhaps the one that most shows the divide between the president and the direction of the state.

A surprising number of black voters came out in support of the ban, revealing a split in the president's most reliable demographic.

Charlotte Mayor Anthony Foxx hopes voters are thinking about other things by November. 

The same-sex amendment is "one issue of a thousand that people have to think about and parse through in this election," he told Fox News. "I think, frankly, by the time the election comes around, the thing that's going to be on most people's minds is who is going to create more jobs."

When the amendment passed, supporters of same-sex marriage appealed to the DNC to move the convention from Charlotte. A petition drive on www.change.org has drawn more than 32,000 signatures.  

The DNC insists Charlotte is the perfect place for the Sept. 3-6 convention -- a way for the president to keep his toehold in the South and a possible route to victory in November.

"We can't just retreat to safe territory," said DNC spokesman Brad Woodhouse.  "We can't go back to a map where we're not growing the electorate, but where we're shrinking it.  So we have to be in places like North Carolina."

The DNC hopes to use the convention as a focal point for a drive to register new voters and get them out to the polls in November.

"Without a big margin in the Charlotte area, Obama has no chance to carry North Carolina," Sabato said. "So it is important that he use the convention as a staging ground to improve his standing which is clearly deteriorated since 2008."

Getting out the vote will be crucial for the president. But unions, one of his biggest machines, also are not pleased with the convention site. 

North Carolina is a right-to-work state. And unions are so upset about the location that they have withheld their important financial contribution to the convention. 

The DNC is trying to appease them by bringing union labor in from out of state to work the event.  

The Democrats' big bash will also offer some intriguing and possibly uncomfortable contrasts.

When the president accepts his party's nomination, he will do it in a stadium bearing the name Bank Of America, which is headquartered in the city. 

The bank received tens of billions of dollars in federal bailout funds, much of which was used to pay executive bonuses.

 And the president's relentless attack on the financial industry may not play well in a town that has reinvented itself around banking.  

"He can't keep demagoging the banks because in North Carolina, you cannot compare Wall Street against Main Street, because the banks – in Charlotte – they are our main street," Stone said.

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FOXNews.com: US Teen Stuck in Mexico Gets Visa for Graduation

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US Teen Stuck in Mexico Gets Visa for Graduation
Jun 1st 2012, 00:13

INDIANAPOLIS –  An Indiana high school homecoming queen stuck in her native Mexico on an immigration technicality received a U.S. visa Thursday and was expected to make it home in time for her graduation, her attorney said.

Star Frankfort High School senior Elizabeth Olivas, 18, was due to return to Indiana on a flight Thursday night, Indianapolis attorney Sarah Moshe said. Olivas confirmed her good news in a text message moments after receiving the visa Thursday afternoon at the U.S. Consulate in Ciudad Juarez, Mexico, Moshe said.

"JUST GOT OUT VISA IN MY HANDS," Olivas told Moshe in the text message. "IM COMING HOME! THANK YOU SO MUCH, IM SOO HAPPY!"

Olivas has lived in Indiana since she was 4 years old. However, immigration law required her to travel to her native Mexico within six months of her 18th birthday to get a visa or green card, according to the Indianapolis Star, which has closely tracked the teenager's plight.

She was a day late, and the delay in receiving the visa threatened to keep her in Mexico while her classmates graduated Saturday at the school about 35 miles northwest of Indianapolis.

Moshe said in a news release that the State Department sent an electronic message saying the visa had been approved and printed.

"Congrats and best of luck to Elizabeth and her family!" the message said.

Frankfort High School Principal Steve Edwards confirmed Olivas was due back Thursday night.

"We're just fired up that she gets to graduate with her classmates," he said.

Olivas is senior class salutatorian, an athlete and a homecoming queen, Edwards said.

"She's a model citizen. She's one of our best," the principal said. "She's a well-liked kid and she's involved in the school and the community. You can't find too many better."

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FOXNews.com: Union Ranks Shrink in Wisconsin Ahead of Vote

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Union Ranks Shrink in Wisconsin Ahead of Vote
May 31st 2012, 23:15

Public-employee unions in Wisconsin have experienced a dramatic drop in membership -- by more than half for the second-biggest union -- since a law championed by Republican Gov. Scott Walker sharply curtailed their ability to bargain over wages and working conditions. 

Now with Mr. Walker facing a recall vote Tuesday, voters will decide whether his policies in the centrist state should continue -- or whether they have gone too far. 

The election could mark a pivot point for organized labor. 

Mr. Walker's ouster would derail the political career of a rising Republican star and send a warning to other elected officials who are battling unions. But a victory for the governor, who has been leading his Democratic opponent in recent polls, would amount to an endorsement of an effort to curtail public-sector unions, which have been a pillar of strength for organized labor while private-sector membership has dwindled. 

That could mean the sharp losses that some Wisconsin public-worker unions have experienced is a harbinger of similar unions' future nationwide, union leaders fear. Failure to oust Mr. Walker and overturn the Wisconsin law "spells doom," said Bryan Kennedy, the American Federation of Teachers' Wisconsin president. 

Wisconsin membership in the American Federation of State, County and Municipal Employees-the state's second-largest public-sector union after the National Education Association, which represents teachers-fell to 28,745 in February from 62,818 in March 2011, according to a person who has viewed Afscme's figures. A spokesman for Afscme declined to comment.

Click for more from The Wall Street Journal

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FOXNews.com: Edwards: I Did An Awful Lot Wrong

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Edwards: I Did An Awful Lot Wrong
May 31st 2012, 23:15

John Edwards walks -- at least for now. 

The famous politician left a federal courthouse in North Carolina late Thursday afternoon thanking the jury and saying "I don't think God's through with me," after a federal judge declared a mistrial in his high-profile corruption case. 

Jurors found him not guilty on just one count but were deadlocked on the remaining five, resulting in the mistrial decision by Judge Catherine Eagles. 

Emerging from a cloud of legal troubles for the first time in years, the former Democratic presidential candidate gave an emotional statement on the courthouse steps Thursday. Choking up, he spoke of his love for the child he fathered out of wedlock with his mistress Rielle Hunter. And he spoke of the future, suggesting he wasn't preparing to leave the public spotlight. 

"I really believe (God) thinks there's still some good things I can do," he said. "Whatever happens with this legal stuff going forward, what I'm hopeful about is all those kids that I've seen, you know, in the poorest parts of this country and in some of the poorest places in the world, that I can help them, in whatever way I'm still capable of helping them." 

Edwards also said that while he doesn't believe he did anything illegal, "I did an awful, awful lot that was wrong." 

"There is no one else responsible for my sins," Edwards said. "I am responsible. And if I want to find the person who should be held accountable for my sins, honestly I don't have to go any further than the mirror. It's me. It is me and me alone." 

He praised the jury, saying they "took their job very, very seriously." And in an emotional moment, he talked about "my precious Quinn" -- Frances Quinn Hunter, his daughter with Rielle Hunter. Though he initially denied he was Quinn's father after confessing to the affair, Edwards has since acknowledged paternity. 

He said Thursday he loves his daughter "more than any of you could ever imagine" and is "so grateful for Quinn."

The remarks were the most anybody monitoring the case has heard from Edwards since the trial began. He did not testify on his own behalf, and neither did Hunter. 

It's unclear whether federal prosecutors will seek to retry him. A Justice Department spokeswoman said the department had "no immediate comment" on the next step. 

The judge's declaration Thursday capped a trial that lasted more than a month and deliberations that lasted nine days. The trial itself brought out lurid testimony from a succession of witnesses who described the behind-the-scenes drama -- with Edwards' family and his staff -- as they began to learn of his affair. 

At times, the trial focused heavily on Edwards' character. Yet he was on trial strictly on charges of skirting campaign finance law by using contributions to help keep secret his extramarital affair during the 2008 campaign. Prosecutors argued he knowingly had nearly $1 million in donations channeled to his mistress to keep her silent and prevent the affair from scuttling his presidential bid. The defense argued he was merely trying to keep the secret from his wife. 

The one count on which Edwards was acquitted was a charge that he received campaign contributions from wealthy donor Rachel "Bunny" Mellon in excess of the legal limit in 2008. 

Other counts were similar, though the jury could not come to an agreement. 

The mistrial announcement followed a day marked by confusion and miscommunication at the North Carolina courthouse. The judge initially indicated the jury was ready to announce a verdict on all counts by mid-afternoon Thursday. But the jury had only reached a verdict on one. 

In response, the defense argued for a mistrial. But Eagles initially granted the prosecution's request to urge the jurors to resume deliberations.  

She apologized for calling them into the courtroom and then sending them back for more discussions. "I was obviously under the impression you had reached a verdict on all six counts," Eagles said.

By late afternoon, she declared a mistrial. 

Edwards, a former U.S. senator, had faced a maximum sentence of 30 years in prison.

Click for more on the Edwards trial

Fox News' Jonathan Serrie and The Associated Press contributed to this report. 

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FOXNews.com: Is Freckle Cream Key to Solving Earhart Mystery?

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Is Freckle Cream Key to Solving Earhart Mystery?
May 31st 2012, 21:12

A small cosmetic jar offers more circumstantial evidence that the legendary aviator, Amelia Earhart, died on an uninhabited island in the southwestern Pacific republic of Kiribati.

Found broken in five pieces, the ointment pot was collected on Nikumaroro Island by researchers of The International Group for Historic Aircraft Recovery (TIGHAR), which has long been investigating the last, fateful flight taken by Earhart 75 years ago.

When reassembled,‭ the glass fragments ‬make up a nearly complete jar identical in shape to the ones used by Dr.‭ ‬C.‭ ‬H Berry's Freckle Ointment. The ointment was marketed in the early‭ ‬20th century as a concoction guaranteed to make freckles fade.

Summary

A small cosmetic jar found on a remote island in the Pacific offers new clues in the Amelia Earhart mystery. 

The artifact could have been a jar of Dr. Berry's Freckle Ointment, a concoction once used to fade freckles. 

It's well documented Amelia had freckles and disliked having them.

"It's well documented Amelia had freckles and disliked having them," Joe Cerniglia, the TIGHAR researcher who spotted the freckle ointment as a possible match, told Discovery News.

PHOTOS: Jars Hint at Amelia Earhart Castaway Presence

The jar fragments were found together with other artifacts during TIGHAR's nine archaeological expeditions to the tiny coral atoll believed to be Earhart's final resting place.

Analysis of the recovered artifacts will be presented at a three-day conference in Arlington, Va. A new study of post loss radio signals and the latest forensic analysis of a photograph believed to show the landing gear of Earhart's aircraft on Nikumaroro reef three months after her disappearance, will be also discussed.

Beginning on June 1st, the symposium will highlight TIGHAR's high-tech search next July to find pieces of Earhart's Lockheed Electra aircraft.

The pilot mysteriously vanished while flying over the Pacific Ocean on July 2, 1937 during a record attempt to fly around the world at the equator. The general consensus has been that Earhart's twin-engined plane ran out of fuel and crashed in the Pacific Ocean, somewhere near Howland Island.

But according to Ric Gillespie, executive director of TIGHAR, there is an alternative scenario.

NEWS: Search for Amelia Earhart Starts Again

"The navigation line Amelia described in her final in-flight radio transmission passed through not only Howland Island, her intended destination, but also Gardner Island, now called Nikumaroro," Gillespie said at a special press event on March 20 hosted by Secretary of State Hillary Clinton.

'It's well documented Amelia had freckles and disliked having them.'

- Researcher Joe Cerniglia

According to Gillespie, the possibility that Earhart and navigator Fred Noonan might have made an emergency landing on Nikumaroro's flat coral reef, some 300 miles southeast of their target destination, is supported by a number of artifacts which, combined with archival research, strongly point to a castaway presence on the remote island.

"Broken shards from several glass containers have been recovered from the Seven Site, the archaeological site on the southeast end of Nikumaroro that fits the description of where the partial skeleton of a castaway was discovered in‭ ‬1940," Gillespie told Discovery News.

Found with the skeletal remains at that time were part of a man's shoe,‭ ‬part of a woman's shoe,‭ ‬a box that had once contained a sextant,‭ ‬remnants of a fire,‭ ‬bird bones and turtle bones‭ -- ‬all suggesting that the site had been the castaways' camp.‭

"Unfortunately,‭ ‬the bones and artifacts found in‭ ‬1940‭ ‬were subsequently lost," said Gillespie.

Like most archaeological sites,‭ ‬the Seven Site has yielded evidence of activity from several different periods in the island's history and not all of the glass recovered from the site is attributable to the castaway.‭

"For example,‭ ‬the top of a war-time Coke bottle and pieces of what was probably a large salt shaker of a style used by the U.S.‭ ‬military are almost certainly relics of one or more U.S.‭ ‬Coast Guard target shooting forays," Gillespie said.

Much of the glass,‭ ‬however,‭ ‬appears to be associated with a castaway presence.‭

Two of the bottles,‭ ‬both dating from the‭ ‬1930s,‭ ‬were found in what had been a small campfire.‭

"The bottoms of both bottles are melted but the upper portions,‭ ‬although shattered,‭ ‬are not heat-damaged‭ -- ‬implying that the bottles once stood upright in the fire.‭ ‬A length of wire found in the same spot has been twisted in such a way as to serve as a handle for holding a bottleneck," said Gillespie.

PHOTOS: Amelia Earhart

"It seems reasonable to speculate that the bottles were used by the castaway to boil collected water to make it safe for drinking," he added.

Some of the recovered items contained products generally used only by women.‭

Laboratory analysis of remnants of the contents in a three-ounce bottle show a close match to Campana Italian Balm,‭ ‬a hand lotion made in Batavia,‭ ‬Ill. that was popular among American women in the‭ ‬1930s.

However, the most intriguing of the Seven Site bottles‭ appears to be the small cosmetic jar.

"The problem we have in precisely identifying the jar is that all the examples we have found come in opaque white glass. The artifact jar is clear glass," said Cerniglia.

So far, the researchers have not been able to match the exact size of the artifact jar to a known jar of Dr.‭ ‬Berry's product.‭

"The reassembled artifact jar does,‭ ‬however,‭ ‬fit nicely in a box in which freckle cream was marketed.‭ ‬The known Dr.‭ ‬Berry jars do not.‭ ‬So we know there was a jar of Dr.‭ ‬Berry's Freckle Ointment of the same size as the artifact jar,‭ ‬but we don't know whether it was clear glass," Gillespie said.

More important than the exact contents of the jar, ‭ ‬is the fact that four of the broken pieces of the ointment pot were found together.‭ ‬The fifth piece was discovered about 65‭ ‬feet away near the bones of a turtle.‭

‭According to Gillespie, t‬hat piece of glass shows evidence of secondary use as a cutting or slicing tool.

‭"The ‬bottles and other artifacts we have found at the Seven Site tell a fascinating,‭ ‬but still incomplete,‭ ‬story of ingenuity,‭ ‬survival,‭ ‬and,‭ ‬ultimately,‭ ‬tragedy. Whether it is Amelia Earhart's story remains to be seen," Gillespie said.

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FOXNews.com: Defense of Marriage Act Ruled Unconstitutional

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Defense of Marriage Act Ruled Unconstitutional
May 31st 2012, 20:08

A federal appeals court ruled Thursday against a central provision of the Defense of Marriage Act, a groundbreaking decision that tees up a potential battle before the Supreme Court. 

The three-judge panel of the 1st U.S. Circuit Court of Appeals in Boston ruled that the provision defining marriage as between a man and woman is unconstitutional in that it denies gay couples the rights granted to heterosexual couples. 

The unanimous decision once again brings the issue of gay marriage to the fore of the nation's political debate. It comes just a few weeks after President Obama announced his support for gay marriage -- in the wake of that announcement, some gay advocacy groups have stepped up pressure on Washington to fight DOMA. 

Considering the potential Supreme Court battle ahead, White House Press Secretary Jay Carney was asked Thursday whether the Obama administration would actively fight for overturning the law, which was originally signed by Democratic President Bill Clinton. 

Carney noted that the Obama administration has concluded the section in question is unconstitutional and will no longer defend it in court. Without commenting on what steps the administration might take in the future, he described the Justice Department as an "active participant" in the case. 

"There's no question that this is in concert with the president's views," he said. "I can't predict what the next steps will be in handling cases of this nature." 

Gay marriage advocates hailed Thursday's decision, while its opponents condemned it. 

"Society should protect and strengthen marriage, not undermine it. The federal Defense of Marriage Act provides that type of protection, and we trust the U.S. Supreme Court will reverse the 1st Circuit's erroneous decision," said a statement from Alliance Defense Fund Legal Counsel Dale Schowengerdt. 

The court didn't rule on the law's more politically combustible provision, which said states without same-sex marriage cannot be forced to recognize gay unions performed in states where it's legal. It also wasn't asked to address whether gay couples have a constitutional right to marry. 

The law was passed at a time when it appeared Hawaii would legalize gay marriage. Since then, many states have instituted their own bans on gay marriage, while eight states have approved it, led by Massachusetts in 2004. 

The court, the first federal appeals panel to deem the benefits section of the law unconstitutional, agreed with a lower level judge who ruled in 2010 that the law interferes with the right of a state to define marriage and denies married gay couples federal benefits given to heterosexual married couples, including the ability to file joint tax returns. 

The 1st Circuit said its ruling wouldn't be enforced until the U.S. Supreme Court decides the case, meaning that same-sex married couples will not be eligible to receive the economic benefits denied by DOMA until the high court rules. 

That's because the ruling only applies to states within the circuit, including Massachusetts, Rhode Island, Maine, New Hampshire and Puerto Rico. Only the Supreme Court has the final say in deciding whether a law passed by Congress is unconstitutional. 

Although most Americans live in states where the law still is that marriage can only be the union of a man and a woman, the power to define marriage had always been left to the individual states before Congress passed DOMA, the appeals court said in its ruling. 

"One virtue of federalism is that it permits this diversity of governance based on local choice, but this applies as well to the states that have chosen to legalize same-sex marriage," Judge Michael Boudin wrote for the court. "Under current Supreme Court authority, Congress' denial of federal benefits to same-sex couples lawfully married in Massachusetts has not been adequately supported by any permissible federal interest." 

During arguments before the court last month, a lawyer for gay married couples said the law amounts to "across-the-board disrespect." The couples argued that the power to define and regulate marriage had been left to the states for more than 200 years before Congress passed DOMA. 

An attorney defending the law argued that Congress had a rational basis for passing it in 1996, when opponents worried that states would be forced to recognize gay marriages performed elsewhere. The group said Congress wanted to preserve a traditional and uniform definition of marriage and has the power to define terms used to federal statutes to distribute federal benefits. 

Since DOMA was passed in 1996, many states have instituted their own bans on gay marriage, while eight states have approved it, including Massachusetts, Connecticut, New York, Iowa, New Hampshire, Vermont, Maryland, Washington state and the District of Columbia. Maryland and Washington's laws are not yet in effect and may be subject to referendums. 

Last year, Obama announced the U.S. Department of Justice would no longer defend the constitutionality of the law. After that, House Speaker John Boehner convened the Bipartisan Legal Advisory Group to defend it. The legal group argued the case before the appeals court.
Gay & Lesbian Advocates & Defenders, the Boston-based legal group that brought one of the lawsuits on behalf of gay married couples, said the law takes one group of legally married people and treats them as "a different class" by making them ineligible for benefits given to other married couples. 

"We've been working on this issue for so many years, and for the court to acknowledge that yes, same-sex couples are legally married, just as any other couple, is fantastic and extraordinary," said Lee Swislow, GLAD's executive director. 

Two of the three judges who decided the case Thursday were Republican appointees, while the other was a Democratic appointee. Boudin was appointed by President George H.W. Bush, while Judge Juan Torruella was appointed by President Ronald Reagan. Chief Judge Sandra Lynch is an appointee of President Bill Clinton. 

The Associated Press contributed to this report.

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FOXNews.com: Sex-Selective Abortion Debate Erupts in House

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Sex-Selective Abortion Debate Erupts in House
May 31st 2012, 18:12

The debate over a bill that would ban sex-selective abortions became red-hot Thursday in the run-up to an expected floor vote, as Republicans used the vote to try to shame Democrats who might oppose it. 

The proposal would make it a federal crime to carry out an abortion based on the gender of the fetus. The measure takes aim at the aborting of female fetuses, a practice more common to countries such India and China, where there is a strong preference for sons, but which is also thought to take place in the U.S. 

The White House and Democratic lawmakers oppose the bill out of concern that it could end up subjecting doctors to strict punishment, suggesting the law would be difficult to follow. 

"The administration opposes gender discrimination in all forms, but the end result of this legislation would be to subject doctors to criminal prosecution if they fail to determine the motivations behind a very personal and private decision," White House Press Secretary Jay Carney said Thursday. 

But GOP lawmakers pointed to the opposition as further proof of the administration's abortion advocacy. 

"It is inconceivable to me how our Nobel Prize-winning president can refuse to protect little girls from the violence of sex-selection abortion," Rep. Chris Smith, R-N.J., said Thursday. 

Bill sponsor Rep. Trent Franks, R-Ariz., said "there has never been a more pro-abortion president in the White House ... I'm astonished the leader of the free world would fail to protect the unborn from being aborted on the basis of sex." 

The mainly Republican supporters of the bill characterized the vote as a sex-discrimination issue at a time when Democrats are accusing Republicans of waging a war on women. A day before the vote, Planned Parenthood also launched an ad against GOP presidential candidate Mitt Romney accusing him of planning to "deny women the right to make their own medical decisions." 

To help assure passage in a vote expected Thursday afternoon, the authors removed a contentious provision of the bill that would have also banned abortions based on the race of the fetus. 

Even if it passes the House, the measure faces a dim future in the Democratic-controlled Senate. 

The legislation would make it a federal offense, subject to up to five years in prison, to perform, solicit funds to perform or coerce a woman into a sex-selection abortion. Bringing a woman into the country to obtain such an abortion would also be punishable by up to five years in prison. 

Franks and others say there is evidence of sex-selection abortions in the United States among certain ethnic groups from countries where there is a traditional preference for sons. The bill notes that countries such as India and China, where the practice has contributed to lopsided boy-girl ratios, have enacted bans on the practice. 

But the Guttmacher Institute, an organization that favors abortion rights, said evidence of sex selection in the United States is limited and inconclusive. It said that while there is census data showing some evidence of son preference among Chinese-, Indian- and Korean-American families when older children are daughters, the overall U.S. sex ratio at birth in 2005 was 105 boys to 100 girls, "squarely within biologically normal parameters." 

Marcia Greenberger, co-president of the National Women's Law Center, said the bill fosters discrimination by "subjecting women from certain racial and ethnic backgrounds to additional scrutiny about their decision to terminate a pregnancy." 

The Associated Press contributed to this report.

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FOXNews.com: Pakistan Militants: Hero Doc? 'We'll Chew Him Alive'

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Pakistan Militants: Hero Doc? 'We'll Chew Him Alive'
May 31st 2012, 17:10

The militant group that, according to a Pakistan court, had close ties to the doctor who helped the United States track Usama bin Laden is claiming to have no association with him. 

A commander from the group Lashkar-e-Islam told AFP that "We have no link to such a shameless man. If we see him, we'll chew him alive." 

The comment -- and the apparent enmity between the group and Dr. Shakil Afridi -- casts serious doubt on the allegations made in the court judgment used as the basis for Afridi's 33-year prison sentence. 

It was initially assumed that Afridi was sentenced for his role in helping the U.S. find bin Laden. 

But after U.S. officials expressed outrage at the Pakistani government and threatened to cut off aid, the judgment in the case emerged -- it accused him not of aiding U.S. intelligence, but assisting Lashkar-e-Islam. 

It claimed Afridi provided "financial assistance" to the group as well as "medical assistance" to its "militant commanders" while working at a hospital. 

However, the Afridi tribe has actually had long-running tensions with Lashkar-e-Islam, which the commander speaking to the AFP seemed to confirm. 

The unnamed commander acknowledged that Afridi paid Lashkar-e-Islam 2 million rupees ($21,000), but said the money was a fine imposed for overcharging patients. 

"Afridi and his fellow doctor were fleecing tribesmen, giving them fake medicines and doing fake surgeries. We had a lot of complaints against them and imposed a fine of 2 million rupees on them," the commander said. 

Afridi was sentenced to 33 years in prison in Peshawar after he was found guilty of treason last week. The ruling was made under the tribal justice system of Khyber district, part of Pakistan's semi-autonomous tribal belt. 

He also was fined 320,000 rupees ($3,500). 

Afridi ran the fake vaccination program close to bin Laden's Abbottabad home in an attempt to collect DNA from the former terror leader's family. 

Since his sentencing, the family of Afridi has appealed to the U.S. for help in providing lawyers and financial assistance in the case. 

Lawmakers have also pushed to cut off at least part of Pakistan's funding unless they release Afridi. 

In Washington, Sen. Rand Paul, R-Ky., said he would introduce a pair of bills next week to address Afridi's plight. One would strip Pakistan, which received $2.1 billion from the U.S. for the current fiscal year, of all foreign aid until Afridi's 33-year sentence is overturned and he's allowed to leave the country; the other bill would grant Afridi U.S. citizenship. 

The measures would go beyond the vote by a Senate panel last week to strip Pakistan of $33 million in aid. 

NewsCore contributed to this report.

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FOXNews.com: Gloomy Economic Reports Add Fuel to Voter Concern

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Gloomy Economic Reports Add Fuel to Voter Concern
May 31st 2012, 17:10

The U.S. government issued two downbeat economic reports Thursday, numbers that are sure to fuel the presidential campaign rhetoric as they signal jobs and the economy will remain top voter concerns going into the election. 

The Commerce Department reported the economy grew at an annual rate of 1.9 percent in the first quarter of 2012, slower than first estimated.

The Labor Department reported the number of Americans seeking jobless benefits rose last week to a five-week high, evidence that the job market remains sluggish.

The figures come in advance of the labor report that routinely turns into a political football -- the monthly jobs report, set for release on Friday. Economists expect 158,000 jobs were created in May, slightly better than the past two months but far below the pace this past winter. They also expect no change in the unemployment rate.

The numbers continue to hang over the candidates and require each to continue to make a case for how he can improve the economy.

GOP presidential candidate Mitt Romney has touted his experience in corporate finance. President Obama has said he helped stabilize and improve the downward-spiraling economy he inherited and needs more time to complete the task.

"As with all of the numbers we've seen every month, they all tell the same story, that President Obama promised for the past three years to turn around the economy but has failed," said Kirsten Kukowski, a Republican National Committee spokeswoman. "While things get slightly better, they are nowhere near where they need to be."

The Democratic National Committee did not respond to a request for comment. The Obama campaign, though, has started to aggressively criticize Romney's record in the private sector during his time as Bain Capital. The campaign is also opening up a new front, going after his days as Massachusetts governor. 

The Commerce Department originally said estimated growth from January-March was 2.2 percent. The agency then revised the number, saying the change was largely because consumers spent less than estimated, business restocked more slowly and the U.S. trade deficit grew sharply.

Still, analysts think the economy will grow at a slightly faster rate this spring. They estimate growth at an annual rate of 2 percent to 2.5 percent in the April-June quarter. Many expect the economy will maintain that pace for all of 2012, an improvement from last year's 1.7 percent growth.

However, growth of 2.5 percent is typically enough just to keep pace with population changes. Most economists say it takes almost twice as much growth to lower the unemployment rate by 1 percentage point over a year.

The unemployment rate has fallen a full percentage point since August -- from 9.1 percent to 8.1 percent last month. Part of the reason for the drop is that employers added 1.5 million jobs during that time. But it has also declined because some people have grown discouraged and given up looking for work. The government only counts people as unemployed if they are actively looking for a job.

The Associated Press contributed to this report.

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FOXNews.com: Father abandons daughter at mall over bad grade

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Father abandons daughter at mall over bad grade
May 31st 2012, 17:10

A Pennsylvania father pleaded guilty to child endangerment for abandoning his teenage daughter at a mall over a bad grade she received at school.       

Tuan Huynh, 47, of Montgomery County, dropped his 16-year-old daughter off near Cheltenham Square Mall and told her she could not come home, Fox affiliate WTXF-TV reported. He told the teenager she no longer met her parents' expectations because she had received a bad grade on a calculus test, according to the station.

Assistant District Attorney Cara McMenamin told the station that the girl wandered around the Cheltenham Mall for hours before a minister finally approached her and called for help.

Huynh pleaded guilty to endangering the welfare of a child. He is not allowed to return home until he has completed parenting classes, the station reported. 

Huynh could have faced up to five years in jail, but instead he will do two years of probation and 100 hours of community service.

McMenamin claims Huynh had no remorse for what he did and said he can do with his child what he sees fit.

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FOXNews.com: Weekly jobless claims spikes to 5-week high

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Weekly jobless claims spikes to 5-week high
May 31st 2012, 14:47

New U.S. claims for unemployment benefits rose last week for the fourth straight week, which could heighten concerns the labor market recovery is softening.

At the same time, a second reading on U.S. gross domestic product showed the economy expanded at an annualized rate of 1.9% in the first quarter, in line with economists' estimates, but slower than an initial estimate of 2.2%.

Initial claims for state unemployment benefits rose 10,000 to a seasonally adjusted 383,000, the Labor Department said on Thursday.

The prior week's figure was revised up to 373,000 from the previously reported 370,000. Economists polled by Reuters had forecast claims unchanged last week.

Claims have now risen in seven of the last eight weeks. Most of those increases were marginal and the overall level of claims has held at levels consistent with a modest recovery in the labor market.

But the steady increase could add to the concerns raised by April's disappointing 115,000 gain in nonfarm payrolls. A Labor Department report due on Friday is expected to show employers added 150,000 jobs in May.

The four-week moving average for new claims, a measure of labor market trends, increased 3,750 to 374,500.

A Labor Department official said there was nothing unusual in the data but that results for five states, including California, had been estimated.

The number of people still receiving benefits under regular state programs after an initial week of aid fell 36,000 to 3.24 million in the week ended May 19.

The number of people on extended benefits rose 12,479 to 312,434 in the week ended May 12, the latest week for which data is available.

There were 2.62 million Americans receiving emergency unemployment checks during that period, down 12,141 from the prior week.

A total of 6.14 million people were claiming unemployment benefits during the week ending May 12 under all programs, down 30,753 from the previous week.

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FOXNews.com: US Tourists at Center of Kidnap Drama in Egypt

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US Tourists at Center of Kidnap Drama in Egypt
May 31st 2012, 13:06

EL-ARISH, Egypt –  Egyptian army and police are negotiating the release of two American tourists who were have been kidnapped while traveling in Egypt's Sinai Peninsula, security officials say.

Egyptian media are reporting that the director of security in Sinai promises release of kidnapped Americans within the hour.

"There are a number of tribal elders went to the mountainous region to try to release them," a government official from Egypt said Thursday.

The officials say armed Bedouins snatched the two while they were traveling by car from Dahab to the resort of Nuweiba early on Thursday. Both resorts are on the Red Sea's Gulf of Aqaba.

The officials say the two Americans are men in their early 30s. No other details were immediately available.

The officials spoke on condition of anonymity because they are not authorized to speak to the media.

The abduction was the latest in a series of kidnappings in Sinai, which has seen a surge in lawlessness over the last year. Bedouins have been kidnapping tourists to pressure authorities to release detained relatives or to improve basic services in their areas.

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FOXNews.com: Hero Veteran, 91, Forced to Prove Citizenship to Vote

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Hero Veteran, 91, Forced to Prove Citizenship to Vote
May 31st 2012, 12:07

A 91-year-old Florida man who won a Bronze star serving in World War II was told by the state of Florida he must prove he is a citizen or he will be removed from voter rolls, The Miami Herald reports.

Bill Internicola told The Miami Herald he was "flabbergasted" when he received a letter in the mail from the Broward Supervisor of Elections saying he must prove he is a citizen in order to vote.

The letter stated the supervisor's office received "information from the State of Florida that you are not a United States citizen; however you are registered to vote," reports The Miami Herald. 

The letter is part of a controversial Florida program that aims to purge non-citizens from voting records before this year's election.

The state put out an initial list of more than 2,600 people identified as non-U.S. citizens. State election officials then compared driver's licenses with voter registration data and found that as many as 182,000 registered voters are eligible to be in the country, but ineligible to vote.

Some identified, like Internicola, received letters asking to prove their citizenship. 

On Tuesday, six Democratic members of Congress asked Florida Gov. Rick Scott to suspend the program, saying it has too many inaccuracies and questioning the timing and the accuracy of the effort.

Two of the Congress members, Rep. Ted Deutch and Rep. Alcee Hastings, said at a Tuesday press conference Internicola is an example of the "misguided" program, the Miami Herald reports. 

"It's sloppy, it's a hurried voter purge and it could have major consequences for Florida's election in November,'' Hastings told The Sun Sentinel.

Internicola was born in Brooklyn and is a lifelong Democrat and voter, The Sun Sentinel reports.He served as an Army medic in World War II in the 75th infantry division, and won a Bronze Star for his actions in the Battle of the Bulge. He also received the Legion of Honor for his service in France.

He sent in his army discharge papers as proof of his citizenship according to The Miami Herald.

Click for more from The Miami Herald.

Click for more from The Sun Sentinel.

The Associated Press contributed to this report.

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FOXNews.com: Ex-Justice: Court Likely Rethinking Citizens United

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Ex-Justice: Court Likely Rethinking Citizens United
May 31st 2012, 10:55

LITTLE ROCK, Ark. –  Former U.S. Supreme Court Justice John Paul Stevens said Wednesday night he expects that the court has already had second thoughts about parts of its controversial Citizens United ruling that eased restrictions on corporate spending in political campaigns.

The sharply divided court ruled that independent spending by corporations does "not give rise to corruption or the appearance of corruption." Stevens, who dissented from that 2010 decision, said that at some point the court will have to issue an opinion "explicitly crafting an exception that will create a crack in the foundation" of that ruling.

Speaking to hundreds of people at an event in Little Rock, the retired justice said President Barack Obama accurately criticized the ruling for reversing a century of law and allowing special interest groups to pump money into elections.

He cited Justice Samuel Alito's reaction to Obama's criticism, along with one of the court's later rulings when the justices rejected a free-speech challenge from humanitarian aid groups to a law that bars support to terrorist organizations.

Stevens said "the fact that the proposed speech would indirectly benefit a terrorist organization provided a sufficient basis for denying it First Amendment protection."

He also pointed to televised debates when moderators try to allow candidates equal time to express their views. He said candidates and viewers wouldn't like it if there were an auction giving the most time to the highest bidder.

"Yet that is essentially what happens during actual campaigns in which rules equalizing campaign expenditures are forbidden," he said.

Stevens spoke in Arkansas the day after Obama presented him with the Medal of Freedom, the nation's highest civilian honor.

Aside from criticizing the Citizens United decision, Stevens also took a jab at the Bush v. Gore case after an audience member asked him about it.

"I think you have to have confidence that the justices will do their best to not make that same mistake again," he said to laughter and applause.

Stevens was nominated to the Supreme Court by President Gerald Ford, and he served on the high court from 1975 until he retired in 2010. Obama nominated Justice Elena Kagan to replace him.

Stevens recently wrote a memoir about his time on the court, "Five Chiefs: A Supreme Court Memoir."

In between signing copies of the book Wednesday night, he was asked whether he would want to sit on the court to hear the case challenging the new federal health care law.

"I'm convinced that my decision to resign was absolutely right," he said. "I'm slowing down. I've been replaced by a brilliant justice and I'm happy to have her do the work that I used to do."

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