Friday, November 8, 2013

FOXNews.com: Jonathan Martin reportedly to meet with NFL investigator

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Jonathan Martin reportedly to meet with NFL investigator
Nov 9th 2013, 02:29

Miami Dolphins tackle Jonathan Martin will meet late next week in Los Angeles with the NFL's special investigator to discuss allegations in the team's harassment scandal, a source told The Associated Press.

The person, who is said to be familiar with the situation, confirmed the upcoming meeting on condition of anonymity because the league and team haven't announced the details of the investigation.

Meeting with Martin will be Ted Wells, a senior partner in a New York law firm with experience in sports cases. Wells was appointed Wednesday by NFL Commissioner Roger Goodell to investigate possible misconduct in the Dolphins' workplace and prepare a report that will be made public.

Dolphins guard Richie Incognito was suspended shortly after the departure of Martin, who is with his family in California to undergo counseling for emotional issues. Wells is investigating whether Incognito harassed or bullied Martin, and whether their teammates and the organization mishandled the matter.

Incognito also arrived in Los Angeles on Friday on a flight from Miami, WPLG-TV in Miami reported. His agent, David Dunn, is based in Southern California.

There were no plans for Incognito to meet with Martin, two people familiar with the situation told the AP on condition of anonymity because the NFL investigation is ongoing.

Incognito has long been regarded as among the NFL's dirtiest players, and has had brushes with the law. A police report that surfaced Thursday said a female volunteer at a Dolphins charity golf tournament in May 2012 complained that Incognito harassed her. According to the report filed in the Miami suburb of Aventura, the woman said Incognito touched her inappropriately with his golf club, leaned close to her as if dancing and then emptied bottled water in her face.

Incognito was not charged. The Dolphins declined to comment Friday.

The Dolphins (4-4) will play for the first time since the scandal broke Monday night at Tampa Bay (0-8). At least 75 reporters and cameramen tracking the case were in the locker room after Thursday's practice, but defensive end Cameron Wake said the scrutiny won't prevent the team from playing well.

"In the locker room this isn't an issue," Wake said. "We talk about football, we talk about making plays, stunts, tackling, catching the ball, whatever it may be. To me it's kind of silly. I'm in here trying to talk about football, and everybody wants to talk about something else."

The team had Friday off.

The news comes one day after David Cornwell, Martin's attorney, said Martin endured daily harrassment from teammates that went far beyond the traditional locker room hazing, including a malicious phyiscal and vulgar comments.

Cornwell released a statement Thursday night alleging that an unidentified Dolphins player threatened Martin's sister in vulgar fashion.

"For the entire season and a half that he was with the Dolphins, he attempted to befriend the same teammates who subjected him to the abuse with the hope that doing so would end the harassment," the statement said. "This is a textbook reaction of victims of bullying. Despite these efforts, the taunting continued. ...

"Eventually, Jonathan made a difficult choice. Despite his love for football, Jonathan left the Dolphins. Jonathan looks forward to getting back to playing football. In the meantime, he will cooperate fully with the NFL investigation."

The Associated Press contributed to this report.

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FOXNews.com: STARTLING DISCOVERY New hammerhead shark species found off SC coast

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STARTLING DISCOVERY New hammerhead shark species found off SC coast
Nov 9th 2013, 02:29

When new species are found near populated areas, they are often small and inconspicuous, not, for example, a hammerhead shark.

But that's exactly what a team of researchers discovered along the coast of South Carolina. The new species looks virtually identical to the scalloped hammerhead, but is genetically distinct, and contains about 10 fewer vertebrae, or segments of backbone, new research shows.

'Outside of South Carolina, we've only seen five tissue samples of the species.'

- University of South Carolina fish expert Joe Quattro

The new species, named the Carolina hammerhead (Sphyrna gilbert), gives birth to shark "pups" in estuaries near the shore off the Carolinas, according to a study published in August in the journal Zootaxa.

To find the shark, scientists led by University of South Carolina fish expert Joe Quattro collected 80 young sharks that looked liked scalloped hammerheads. They then analyzed their DNA, and found that they were distinct from their scalloped cousins. Further analysis found more subtle differences; the new species is slightly smaller, for instance, according to the study. Of these 80 sharks, 54 of them belonged to the new species, the study noted.

The study shows that the new species is quite rare. "Outside of South Carolina, we've only seen five tissue samples of the cryptic species," Quattro said in a release from the University of South Carolina. "And that's out of three or four hundred specimens."

Populations of scalloped sharks, like those of most other shark species, have plummeted in the past few decades by up to 90 percent, Quattro said.

"Here, we're showing that the scalloped hammerheads are actually two things," Quattro said. "Since the cryptic species is much rarer than the [more widespread one], God only knows what its population levels have dropped to."

The decline of sharks has been driven in part by demand for shark fin soup, a Chinese delicacy. About 100 million sharks are killed each year to satisfy this craving, scientists estimate. But there may be some good news consumption of the soup is down by about 50 percent in China over the past two years, according to the environmental group WildAid.

In more shark news, a new species of "walking shark" was discovered near a remote Indonesian island in August.

Copyright 2013 LiveScience, a TechMediaNetwork company. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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FOXNews.com: 'HEAL A WOUNDED SOUL' Donors fund $20K treatment for teen set on fire on bus

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'HEAL A WOUNDED SOUL' Donors fund $20K treatment for teen set on fire on bus
Nov 9th 2013, 02:29

Donors have stepped up with more than $20,000 to fund medical treatment for a young California man set on fire while he slept on a bus.

More than 550 people anted up on Fundly.com to help 18-year-old Luke "Sasha" Fleischman before his grateful family and friends closed the fundraiser.

"On behalf of Sasha's family, THANK YOU SO MUCH for your generosity, love, and support," the website read. "Per the family's request, we are ending the fundraiser shortly after the $20,000 mark. You guys did it. You helped heal a wounded soul & lifted up a family in need."

Police said Fleischman — a senior at a private high school in Berkeley whose relatives and friends say identifies himself as "genderqueer," or someone who sees themselves as neither male nor female — was asleep on an Alameda County transit bus while wearing a kilt-like skirt when another passenger set the garment on fire, according to authorities.

Alameda County prosecutors charged Oakland high school student Richard Thomas, 16, on Thursday as an adult with felony assault and aggravated mayhem in the shocking attack on Monday. District Attorney Nancy O'Malley said her office is charging both offenses as hate crimes, but she did not indicate why.

Fleischman was listed in stable condition on Tuesday at a San Francisco hospital after suffering second- and third-degree burns on his legs. His condition on Friday remained unclear.

Attempts to reach Fleischman's relatives were unsuccessful.

The Associated Press contributed to this report.

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FOXNews.com: 'GUNS & AMMO' SHAKEUP Mag apologizes, 2 lose jobs after gun control editorial

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'GUNS & AMMO' SHAKEUP Mag apologizes, 2 lose jobs after gun control editorial
Nov 8th 2013, 20:37

The top editor of Guns & Ammo became the second employee of the venerable firearms magazine to lose his job after a column advocating gun control backfired, prompting rifle-toting readers to unload on the publication.

In a statement posted Wednesday on the InterMedia Outdoors-owned magazine's homepage, Jim Bequette apologized to "each and every reader" of the magazine for Dick Metcalf's column that appeared in its December issue, which generated "unprecedented" controversy and left readers "hopping mad" in regards to the magazine's commitment to the Second Amendment.

"Let me be clear: Our commitment to the Second Amendment is unwavering," Bequette wrote. "It has been so since the beginning. Historically, our tradition in supporting the Second Amendment has been unflinching. No strings attached."

"I understand what you believe in when it comes to gun rights, and I believe the same thing."

- Jim Bequette, former editor of Guns & Ammo magazine

But by publishing Metcalf's column, Bequette said he was "untrue" to the magazine's tradition. He reiterated that Metcalf's views did not represent his or that of the magazine before later acknowledging he would step down as editor earlier than originally planned.

"It is very clear to me that they don't reflect the views of our readership either," Bequette's response continued. " … I once again offer my personal apology. I understand what our valued readers want. I understand what you believe in when it comes to gun rights, and I believe the same thing."

Metcalf, meanwhile, a longtime writer on firearms and U.S. gun culture, saw his association with the magazine terminated. Attempts to reach him Friday at his home in Barry, Ill., were unsuccessful.

In his column entitled "Let's Talk Limits: Do certain firearm regulations really constitute infringement?," Metcalf wrote that "way too many" gun owners believe that any regulation of the right to bear arms is an infringement prohibited by the Second Amendment.

"The fact is, all constitutional rights are regulated, always have been, and need to be," Metcalf wrote. "Freedom of speech is regulated. You cannot falsely and deliberating shout, 'Fire!' in a crowded theater. Freedom of religion is regulated. A church cannot practice human sacrifice. Freedom of assembly is regulated."

Metcalf continued: "The question is, when does regulation become infringement?"

The firestorm that following was intense and swift, with some readers indicating they would immediately end their subscription to the magazine.

"So a writer takes a moderate, rational stance and you fire him? Predictably gutless response from a magazine that sells fear," one message posted on the magazine's Twitter page read.

Other posts on the Twitter feed claimed the "damage is done" despite Bequette's apology and accused the magazine of betraying its core readers. At least one Twitter user also accused the magazine of backtracking when money "is on the line."

Ladd Everitt, a spokesman for the Coalition to Stop Gun Violence, told FoxNews.com that Metcalf should not have been fired, but added that the termination was not shocking.

"The central thesis of the piece — that all constitutional rights are subject to reasonable regulation, including the Second Amendment — is so point-of-fact and obvious that even grade school kids know it," Everitt wrote FoxNews.com in an email. "But his termination is not surprising. The modern pro-gun movement is dominated by radical voices and brooks no dissent whatsoever. Dick Metcalf is certainly not the first moderate pro-gun commentator to have his career upended by absolutists."

Everitt's email continued: "Jim Bequette had hoped Metcalf's column would 'generate a healthy exchange of ideas on gun rights.' He forgot that no such thing exists within that community. You either embrace far right orthodoxy 100 percent or you are an enemy to be silenced and destroyed."

Messages seeking comment from National Rifle Association officials were not returned on Friday.

Shannon Watts, founder of Moms Demand Action for Gun Sense in America, told FoxNews.com that Metcalf "absolutely did not" deserve to lose his post.

"If he suggested a ban on all guns, then I would understand that reaction," Watts said. "But to say a fair exchange of ideas on how to stem the deaths and murders in this country because of gun violence is an act of heresy just reeks of no tolerance."

Watts, a 42-year-old mother of five from Zionsville, Ind., launched her organization in the days after the December massacre at Sandy Hook Elementary School in Newtown, Conn. She said she was so outraged by the "slaughter of 26 innocent people" that she had to act.

"I just felt as a mother that I would be culpable the next time this happened if I didn't do something to stop it," she said. "We need to look at background checks for every purchase. That's not violating the Second Amendment, that's common sense. And ultimately common sense will prevail."

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FOXNews.com: N. KOREA BIBLE DROP Group using balloons to sneak gospel into country

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N. KOREA BIBLE DROP Group using balloons to sneak gospel into country
Nov 8th 2013, 18:11

On a rainy afternoon last Spring, American pastor Eric Foley and his wife stood in a muddy field near the North Korea border and prayed – their hands clasped to a 40-foot homemade balloon that would carry Bibles to the communist dictatorship's underground Christians.

"I get choked up, every time, as I let go and watch it take off," Foley told FoxNews.com.

"They are the most persecuted believers on earth."

- The Rev. Eric Foley, Seoul USA

The balloons, made from a large sheet of "farm plastic," said Foley, are filled with hydrogen before the Bibles and "tracts" – testimonials written by other North Korean Christians – are attached at the bottom inside a sack or box. Timers are then used to release the materials in stages, dispersing them at high altitudes across North Korea. Foley and members of his Christian mission group, Seoul USA, use GPS technology to help direct where the Bibles land. Around 50,000 of them have dropped from the skies in the last year.

"They are the most persecuted believers on earth," Foley said of North Korea's estimated 100,000 Christians – 30,000 of whom are believed to be locked inside concentration camps, where they are overworked, starved, tortured, and killed. Other activist groups, like Open Doors USA, estimate that number to be even higher, reporting that the secretive nation has about 400,000 Christians.

In North Korea, the practice of Christianity is illegal. Owning a Bible is a crime, and any person caught with one is sent – along with three generations of his or her family – to prison. Foley said despite the risks, demand for Bibles is strong within North Korea. His group targets rural areas where they might be picked up discreetly, he said. 

North Koreans are forced to embrace Juche ideology, which mixes Marxism with worship of the late "Great Leader" Kim Il Sung and his family – a warped version of Christianity, says Foley, because Kim took concepts from Christianity, like the Trinity and church hymns, to create a religion in which he is worshipped. Foley said that if North Koreans learned about Christ, they would realize "this is all a fraud."

"It's a distortion of Christianity," Foley said. "And the best way to reach them [North Koreans] is through mindset and knowledge."

Foley, who is in his late 40s, founded Colorado-based Seoul USA in 2003 with his wife, a South Korean who immigrated to the U.S. in 1984. The two, along with other members of their group, launched their first balloon -- strapped with Bibles -- from South Korea in 2006. Foley said the balloons are typically sent out overnight from a muddy field at a high altitude between May and October. He said the best conditions are during a "rain storm or really bad weather because of the currents." 

"We are constantly monitoring the wind conditions as we're launching," he said, "And the North Korean border is always within the sight line." 

The balloons also include tracts, or testimonies, written by other North Korean Christians -- some of whom managed to flee to South Korea -- about Christ. 

"The North Koreans respond very well to story," Foley explained, "Because all are required to memorize 100 stories" related to Kim's ideology. 

In addition to supplying religious materials by air, Foley's group produces short-wave radio programs with North Korean defectors reading the Bible. He said about 20 percent of North Koreans own radios, which are illegal.

Foley and his group won the legal rights to conduct the balloon launches from South Korea, but officials there "don't make it easy," he said, noting that they often try to force hydrogen suppliers not to sell the group hydrogen. 

"Every time we fill up one of these balloons, we hold it and we pray together in English, North Korean and South Korean," Foley said. "We pray loudly and always with tears." 

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FOXNews.com: Man mauled, blinded in one eye by alleged pet deer

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Man mauled, blinded in one eye by alleged pet deer
Nov 8th 2013, 18:00

An Alabama man has been charged with illegally keeping deer as pets, including one buck that mauled and partially blinded him.

State wildlife officials said Friday that they charged Julius Dunsmore with illegally possessing seven deer.

Dunsmore said that he has kept deer as pets for years without any problems. He walked into a holding pen on Nov. 30 and was attacked by a large buck that he adopted after its mother was killed by a car. The deer's antler severed the optic nerve leading to an eye.

Authorities killed the deer because once they are held by humans, they cannot be released to the wild, Al.com reported. They are awaiting lab results to determine if the animals were infected.

Dunsmore, 69, said deer are extremely dangerous and he cautioned anyone from keeping them as pets. Wildlife officials said bucks sometimes attack during the breeding season.

"Illegally held captive deer in Alabama have caused numerous serious injuries and one fatality in recent years," Kevin Dodd, an enforcement chief with the Wildlife and Freshwater Fisheries Division, told Al.com.

Click for more from AL.com

The Associated Press contributed to this report

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FOXNews.com: FREE PRESS FIGHT Fox News reporter battles for right to protect sources

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FREE PRESS FIGHT Fox News reporter battles for right to protect sources
Nov 8th 2013, 18:11

A FoxNews.com reporter facing potential jail for not revealing the sources of her reporting on Aurora, Col., gunman James Holmes will appear before New York State's top court next week in a bid to quash a subpoena requiring her to testify in the case.

Jana Winter, who broke the story revealing that Holmes had sent a psychiatrist a notebook before going on a July, 2012, rampage that left 12 dead and dozens injured, will appear on Tuesday before the New York State Court of Appeals in Albany to argue that New York's strong public policy of protecting the identity of confidential sources should also protect her from having to go to Colorado, where she could be ordered to disclose her sources.

Winter is also asking the New York high court to recognize the damage the subpoena is causing her career as an investigative journalist. Winter, who has steadfastly protected her sources on the story, could face jail time in Colorado if she is ordered to reveal her sources and refuses.

"The fact is that it has to do with punishing [the source], but that is not important enough to outweigh the First Amendment."

- Peter Scheer, First Amendment Center

"We are hoping that the high court will agree with our position that the subpoena should be quashed," said Dori Ann Hanswirth, lead attorney on Winter's legal team. "What could happen to Jana in Colorado would never happen in New York."

New York's shield law, among the strongest in the nation, bars the jailing of journalists for refusing to identify sources.

A lower New York court, at the request of Holmes' defense team and with authorization from the Colorado court, issued a subpoena last January requiring Winter to appear in Colorado for the purpose of giving testimony. An appellate court ruled 3-2 against Winter, but the close decision automatically triggered her right to take the case to the Court of Appeals.

Holmes' attorneys claim whomever spoke to Winter violated a gag order imposed on those involved in the investigation. But Winter's defense team maintains the subpoena should have never been approved by the lower court in New York, where the shield law provides much more vigorous protection of journalists than a similar but weaker shield law in Colorado.

Numerous media organizations and First Amendment advocates have issued statements and spoken on Winter's behalf in the case. They argue the courts in both states have sent a chilling message to journalists, who need the protection of shield laws to do their jobs and keep the public informed. Without that protection, Winter's supporters argue, journalists and whistleblowers are much less likely to reveal vital information in the public interest.

"The lower court [in New York] saw its role as extremely limited, regardless of defenses or First Amendment rights," Peter Scheer, executive director of the First Amendment Center, told FoxNews.com.  "The question is what should the court in New York have done? Should the subpoena even be enforced?"

Scheer and others have argued that Winter's testimony is not needed for central issue related to the Holmes case – a key requirement of the Colorado law that was applied to Winter. Holmes' attorneys have admitted that he carried out the horrific attack.

"The fact is that it has to do with punishing [the source], but that is not important enough to outweigh the First Amendment," said Scheer. "It's really just to vindicate the authority of the Colorado court that imposed this gag order."

If the New York court does not quash the subpoena, Winter must appear before Arapahoe County District Court Judge Carlos Samour Jr. on Jan. 3, and either reveal her sources or face an indeterminate jail term.

Winter's defense team has also argued that the lower court in New York failed to consider how the subpoena has hampered her ability to do her job. News of her court battle has prompted some long-time sources to refuse to speak to Winter, and she has lost numerous leads on various news stories—harm that her lawyers said the New York Shield Law was designed to prevent.

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FOXNews.com: No deal on Iran nukes as Israel slams plan to loosen sanctions

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No deal on Iran nukes as Israel slams plan to loosen sanctions
Nov 8th 2013, 16:30

Israel remains defiant and outraged over talks between the international community and Iran over its nuclear program – talks that Prime Minister Benjamin Netanyahu calls the 'deal of the century' for Tehran.

The U.S. has confirmed that some sanctions relief was being offered in return for "concrete, verifiable measures" on Iran's uranium enrichment program. However, Secretary of State John Kerry said Friday that no deal with Iran had been reached.

"I want to emphasize there is not an agreement at this point," Kerry said.

Kerry's comments echo those of his counterparts in France, Germany and Britain – all of whom arrived in Geneva and said obstacles still remain in the way of any first-step agreements offering sanctions reduction for nuclear concessions.

But Iran's chief nuclear negotiator signaled progress at talks with six world powers Thursday.

Sources say the deal would cap Iran's atomic programs in exchange of easing sanctions.  

Still, Israel isn't taking any chances and has come out strongly against even the possibility of an agreement.

"I understand that the Iranians are walking around very satisfied in Geneva - as well they should be, because they got everything and paid nothing," Netanyahu said. "So Iran got the deal of the century and the international community got a bad deal, this is a very bad deal. Israel utterly rejects it."

The Israeli embassy indicated to FoxNews.com Friday it may put out a statement later in the day depending on the developments out of Geneva.  

Lt. Col. Ralph Peters called the possible deal "an idiotic one" and argues that economic sanctions against Iran have been working and easing up on them would reverse any gains made.

"The administration promises you a Ferrari and they deliver you a bicycle with flat tires," Peters said on Fox News. "It's a really, really bad deal."

A senior State Department official traveling with Kerry in Amman, Jordan, said the secretary went to Geneva "to help narrow differences in negotiations."

Even if an agreement is reached, it would only be the start of a long process to reduce Iran's potential nuclear threat, with no guarantee of ultimate success.

The talks are primarily focused on the size and output of Iran's enrichment program, which can create both reactor fuel and weapons-grade material suitable for a nuclear bomb. Iran insists it is pursuing only nuclear energy, medical treatments and research, but the United States and its allies fear that Iran could turn this material into the fissile core of nuclear warheads.

In Geneva, Kerry suggested it was too early to speak of any deal. He told reporters on arrival that `'important gaps ... still remain."

He offered no details. But in earlier comments to Israeli television he suggested Washington was looking for an Iranian commitment to stop any expansion of nuclear activities that could be used to make weapons, as a first step.

"We are asking them to step up and provide a complete freeze over where they are today," Kerry said Thursday.

Six powers -- the negotiators also include Russia and China -- are considering a gradual rollback of sanctions that have crippled Iran's economy. In exchange they demand initial curbs on Iran's nuclear program, including a cap on enrichment to a level that can be turned quickly to weapons use.

The six have discussed ending a freeze on up to $50 billion in overseas accounts and lifting restrictions on petrochemicals, gold and other precious metals.  But their proposal would maintain core sanctions on Iran's oil exports and financial sector, as an incentive for Iran to work toward a comprehensive and permanent nuclear accord.

Tehran could be pressing for more significant relief from the sanctions as part of any first-step deal.

The decision by Kerry and his European counterparts to fly to Geneva comes after signs that the global powers and Iran were close to a deal.

Russian Foreign Ministry spokesman Alexander Lukashevich said Russian Foreign Minister Sergey Lavrov did not plan to attend. There was no word from Beijing on any plans by the Chinese foreign minister to join his colleagues.

French Foreign Minister Laurent Fabius, the first to arrive, spoke of progress, but told reporters "nothing is hard and fast yet."

"I've come to Geneva to take part in the negotiations because the talks are difficult but important for regional and international security," he said. "We are working to reach an accord which completes the first step to respond to Iran's nuclear program."

Israel has been watching the talks warily from the sidelines. It has frequently dangled the prospect of military action against Iran should negotiations fail to reach the deal it seeks -- a total shutdown of uranium enrichment and other nuclear programs Tehran says are peaceful but which could technically be turned toward weapons.

Any agreement would be a breakthrough after nearly a decade of mostly inconclusive talks, but would only be the start of a long process to reduce Iran's potential nuclear threat, with no guarantee of ultimate success.

Tehran's chief nuclear negotiator, Abbas Araghchi, told Iranian state TV on Thursday that the six "clearly said that they accept the proposed framework by Iran."

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FOXNews.com: 'Stand your ground law' survives Florida House vote- Fla. Supreme Court settles lesbian custody battle

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'Stand your ground law' survives Florida House vote- Fla. Supreme Court settles lesbian custody battle
Nov 8th 2013, 16:29

A panel of Florida legislators on Thursday easily defeated an effort to repeal the state's controversial "stand your ground law" Thursday following hours of passionate testimony.

The vote by a committee of the Republican-controlled House, which seemed unlikely just a few months ago, comes after the trial of George Zimmerman renewed scrutiny of the self-defense law that was first passed in 2005.

Zimmerman was acquitted in the shooting death of unarmed teenager Trayvon Martin after claiming self-defense. While "stand your ground" was not directly mentioned in the trial, the law was included in the jury instructions and sparked a monthlong protest this summer at the Florida Capitol. The case sparked accusations that Zimmerman had racially profiled Martin.

"How can an unarmed citizen defend themselves against an armed lunatic with a delusional sense of danger?"

- Rep. Irv Slosberg

State Rep. Alan Williams, the sponsor of the measure, gave an impassioned plea to legislators that they consider the repeal by citing Martin's death.

"Let's repair the divide, whether it's seen or unseen, that this law appears to have given our communities around the state," said Williams, a Democrat from Tallahassee.

But the House committee considering the bill voted decisively 11-2 against the measure. One of the strongest voices in support of retaining the law came from Rep. Matt Gaetz, who argued that the law had helped reduce the number of homicides in the state since its passage.

A handful of Democrats also voted against the bill, saying they were uncomfortable with the legislation because it also removed a separate provision from the 2005 law that codified court rulings that stated a person has a right to use deadly force against an intruder in their own home.

Rep. Irv Slosberg, D-Boca Raton, said that went too far. But he urged his colleagues to at least consider some reforms to the "stand your ground" in the months to come. The Florida Senate currently has a bill that would tweak the existing law.

"How can an unarmed citizen defend themselves against an armed lunatic with a delusional sense of danger?" Slosberg said. "Stand your ground creates a mentality of destruction and fear while reinforcing a society of violence and aggression."

In the immediate aftermath of Zimmerman's arrest, the GOP-controlled Legislature resisted taking any action to change the law that was pushed by the National Rifle Association.

But House Speaker Will Weatherford agreed earlier this year to hold a hearing on "stand your ground" after protesters spent several weeks at the Capitol calling for the repeal of the measure.

The vote Thursday came after several hours of public testimony that included the parents of a Jacksonville teenager who was killed late last year following an argument over loud music. The man accused of the crime has pleaded not guilty and said he was threatened.

"Florida has become the poster child of senseless gun violence," Lucia McBath, the mother of Jordan Davis, told legislators.

Marion Hammer, the long-time voice of the NRA in Tallahassee, said the "stand your ground" law was intended to allow people to defend themselves instead of being forced to retreat when confronted with an attacker.

"A duty to retreat signals the justice system places more value on the life of a criminal than the life of a victim," Hammer said.

While the House Criminal Justice subcommittee voted against the "stand your ground" repeal it voted in favor of a different measure that could allow people who fire warning shots to avoid being charged under Florida's "10-20-Life" mandatory sentencing law.

The legislation was pushed in the wake of the 20 year sentence given to a Florida woman who fired a shot at her estranged husband during an argument.

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FOXNews.com: MORE TO THE STORY? Petraeus tried to downgrade hero's honor, probe finds

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MORE TO THE STORY? Petraeus tried to downgrade hero's honor, probe finds
Nov 8th 2013, 15:35

A Pentagon probe into the mishandling of hero Army Capt. William Swenson's Medal of Honor nomination found retired Army Gen. David Petraeus had sought to downgrade it, but shed no light on why the soldier's file was scrubbed from military computers and never passed up the chain of command.

Swenson, who was nominated for the military's most prestigious award for helping to extract fellow soldiers from a 2009 ambush in Afghanistan's Ganjgal Valley, was given the medal last month by President Obama based on a duplicate file. He and his advocates have expressed bitterness over the fact that his nomination was stalled for four years, and his papers mysteriously purged from Army computers. 

There has been speculation that Swenson's heroism was downplayed after he complained to military leaders that many calls for help during the fight were rejected by superior officers. Swenson, 34, of Seattle, said he was disappointed to learn that the probe didn't hold any individual accountable for the mishandled original nomination.

"An institution can't heal itself unless it can identify what its weaknesses are, and its weaknesses in this case is an individual," Swenson told McClatchy.  "The investigation failed to meet the standard of a military investigation in which individuals are identified."

Swenson continued: "Behind every single institutional failure, there's a name."

The probe was requested by a lawmaker as a larger investigation into the medal-awarding process, according to McClatchy news service.

Defense Secretary Chuck Hagel apologized to Swenson last month for having to wait so long for the Army to recognize his heroism. Hagel said the Army fixed the error, but said he was sorry Swenson and his family had to endure the processing issues. Hagel also said Swenson proved his valor twice – once on the battlefield and then again by having the courage to question Army brass.

Meanwhile, the findings of the recent Pentagon investigation were outlined in a letter the inspector general's office sent to Rep. Duncan Hunter, R-Calif., a former Marine who requested the probe as part of a larger effort to overhaul the military award process. In a letter to Inspector General Lynne Halbrooks, Hunter said he was concerned that "these findings further exacerbate the inconsistencies and discrepancies surrounding Swenson's nomination."

"It is extraordinarily disconcerting that the facts surrounding Swenson's Medal of Honor nomination, specific to how it was handled and subsequently lost, still cannot be resolved," Hunter wrote.

Marine Sgt. Dakota Meyer, 25, of Columbia, Ky., was also awarded the decoration. A McClatchy investigation later found that key portions of the official account of Meyer's actions were embellished or did not occur.

In its letter to Hunter, the inspector general's office said investigators interviewed Swenson and 33 other unidentified witnesses and reviewed military award nominations, email records and computer hard drives, McClatchy reports. The inquiry determined that the top U.S. commander in Afghanistan had "recommended downgrading the MoH to a Distinguished Service Cross, which was within his discretion to do." The Distinguished Service Cross is the Army's second highest decoration for valor.

The letter, which was obtained by McClatchy, provided no reason for Petraeus' decision and did not identify the retired Army general by name, referring only to the "former commander, USFOR-A," the initials of the U.S. force in Afghanistan.

Petraeus reviewed and signed Swenson's Medal of Honor packet on July 28, 2010, according to the findings of a 2011 internal U.S. military investigation obtained earlier this year by McClatchy.

The Associated Press contributed to this report.

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FOXNews.com: Wis. Democrat promises 'all out hell' on abortion bills

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Wis. Democrat promises 'all out hell' on abortion bills
Nov 8th 2013, 14:35

Published November 08, 2013

Associated Press

MADISON, Wis. –  A Democratic state senator on Thursday promised "all out hell" if the Wisconsin Senate debates a pair of anti-abortion bills next week.

Sen. Jon Erpenbach, of Middleton, made the comment after the Senate Health Committee voted 3-2 along party lines on a pair of Republican-sponsored abortion bills that have already passed in the Assembly.

One bill would ban abortions that are solely based on whether the fetus is male or female, also known as sex selection. Democrats say the measure is unnecessary because few, if any, abortions are done for that reason.

The other bill, which drew the most ire from Democrats, would prohibit public workers' health insurance plans from covering abortions and exempt religious organizations from providing insurance coverage for contraceptives. The employee could get contraceptives if they are prescribed for a reason other than preventing a pregnancy, a provision added by the state Assembly when it passed the bill in June.

Employers shouldn't be given the power to decide whether to grant or deny a woman's ability to obtain contraceptives, Erpenbach said.

"Their morals are fine for them but not for the rest of the state," Erpenbach said after the hearing. "Government intrusion like this is shocking."

Julaine Appling, president of anti-abortion group Wisconsin Family Action, attended the committee vote and said Erpenbach was being disingenuous in his arguments. The duty to grant or deny contraceptives rests not with the employer but the insurance company, she said.

"That's just a stall tactic," Appling said.

Appling's group, the Wisconsin Catholic Conference and other anti-abortion organizations support the bill. The Wisconsin Medical Society, Planned Parenthood and American Civil Liberties Union are all registered in opposition.

Erpenbach also said the Senate should hold a public hearing on the change before it's expected to debate the bill Tuesday, the last planned session day of the year. There was a hearing before the Assembly amended it this summer to provide the exemption to allow contraceptives for medical uses other than preventing a pregnancy.

"You don't want this headline," Erpenbach told committee chairwoman Sen. Leah Vukmir, R-Brookfield. "You don't want this story. You don't want this hassle that's about to happen."

Vukmir said there is a precedent for waiving the Senate's public hearing requirement before voting on a bill, but Erpenbach said that happens only when there is consensus — and that's not the case this time, he said.

When asked after the hearing how he expected Tuesday's debate to play out, Erpenbach said, "All out hell. Seriously."

Republicans control the Senate 18-15. Gov. Scott Walker has said he supports both bills, but when asked about them Thursday, Walker said he wasn't focused on any issues that don't have to do with creating jobs or improving the economy.

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FOXNews.com: UNHAPPY MEAL Dad deemed unfit after denying son McDonald's

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UNHAPPY MEAL Dad deemed unfit after denying son McDonald's
Nov 8th 2013, 13:36

A Manhattan dad is not lovin' McDonald's right now.

Attorney David Schorr slapped a court-appointed shrink with a defamation lawsuit for telling the judge deciding a custody battle with his estranged wife that he was an unfit parent — for refusing to take his son to the fast food joint for dinner.

"You'd think it was sexual molestation," Schorr, 43, told The Post Thursday. "I am just floored by it."

Schorr says in his Manhattan Supreme Court suit that E. 97th Street psychiatrist Marilyn Schiller filed a report saying he was "wholly incapable of taking care of his son" and should be denied his weekend visitation over the greasy burger ban.

Schorr, a corporate attorney turned consultant with degrees from NYU and Oxford University, had planned to take his 4-year-old son to their usual restaurant, the Corner Café on Third Avenue, for his weekly Tuesday night visitation last week.

But the boy threw a temper tantrum and demanded McDonald's. So he gave his son an ultimatum: dinner anywhere other than McDonald's — or no dinner.

"The child, stubborn as a mule, chose the 'no dinner' option," the disgruntled dad says in the suit.

"It was just a standoff. I'm kicking myself mightily," Schorr said.

"I wish I had taken him to McDonalds, but you get nervous about rewarding bad behavior. I was concerned. I think it was a 1950s equivalent of sending your child to bed without dinner. That's maybe the worst thing you can say about it," he said.

Adding insult to injury, he said: "My wife immediately took him to McDonalds."

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FOXNews.com: Monster typhoon slams Philippines

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Monster typhoon slams Philippines
Nov 8th 2013, 11:39

MANILA, Philippines –  The most powerful typhoon in the world this year and possibly the strongest ever to hit land slammed into the Philippines on Friday, killing at least four people, setting off landslides and cutting communications in the country's central region of island provinces. 

Typhoon Haiyan moved into the northern tip of Cebu Province, a popular tourist destination with the country's second largest city, after slamming the islands of Leyte and Samar with 170 mph wind gusts and waves between 15 and 19 feet, Reuters reported.

Telephone lines appeared down as it was difficult to get through to the landfall site 405 miles southeast of Manila where Typhoon Haiyan slammed into the southern tip of Samar island before barreling on to Leyte Island.

A villager was electrocuted in southern Surigao del Sur province and another was hit by tree felled by strong winds in central Cebu province, officials said.

Television images from Tacloban city on Leyte Island showed a street under knee-deep floodwater carrying debris that had been blown down by the fierce winds. Tin roofing sheets ripped from buildings were flying above the street.

Visibility was so poor that only the silhouette of a local reporter could be seen through the driving rain.

Authorities warned more than 12 million people were at risk, Reuters reported. More than 125,000 people had been evacuated from towns and villages in the typhoon's path, which was to cut across the central Philippines, the National Disaster Risk Reduction and Management Council said. Among them were thousands of residents of Bohol who had been camped in tents and other makeshift shelters after a magnitude 7.2 earthquake hit the island last month.

Southern Leyte Gov. Roger Mercado said 31,000 people were evacuated in his landslide-prone mountainous province before the super typhoon struck, knocking out power, setting off small landslides that blocked roads in rural areas, uprooting trees and ripping roofs off houses around his residence.

The dense clouds and heavy rains made the day seem almost as dark as night, he said.

"When you're faced with such a scenario, you can only pray, and pray and pray," Mercado told The Associated Press by telephone, adding that his town mayors have not called in to report any major damage.

"I hope that means they were spared and not the other way around," he said. "My worst fear is there will be many massive loss of lives and property."

The typhoon — the 24th serious storm to hit the Philippines this year — is forecast to barrel through the Philippines' central region Friday and Saturday before blowing toward the South China Sea over the weekend, heading toward Vietnam.

Jeff Masters, a former hurricane meteorologist who is meteorology director at the private firm Weather Underground, said the storm had been poised to be the strongest tropical cyclone ever recorded at landfall. He warned of "catastrophic damage."

"The super typhoon likely made landfall with winds near 195 mph. This makes Haiyan the strongest tropical cyclone on record to make landfall," Masters, said, according to Reuters.

But he said the Philippines might get a small break because the storm is so fast moving that flooding from heavy rains — usually the cause of most deaths from typhoons in the Philippines — may not be as bad.

Weather forecaster Gener Quitlong said the typhoon was not losing much of its strength because there is no large land mass to slow it down since the region is comprised of islands with no tall mountains.

Officials in Cebu province have shut down electric service to the northern part of the province to avoid electrocutions in case power pylons are toppled, said assistant regional civil defense chief Flor Gaviola.

President Benigno Aquino III assured the public of war-like preparations, with three C-130 air force cargo planes and 32 military helicopters and planes on standby, along with 20 navy ships.

The Associated Press and Reuters contributed to this report.

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FOXNews.com: OBAMACARE APOLOGYObama 'sorry' Americans losing coverage due to law

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OBAMACARE APOLOGYObama 'sorry' Americans losing coverage due to law
Nov 8th 2013, 11:04

Published November 08, 2013

FoxNews.com

 President Obama said Thursday he was "sorry" Americans are losing health insurance plans he repeatedly said they could keep, and vowed to work with those who are finding themselves in a "tough situation" as a result.

His remarks came as a bipartisan bill was introduced in the Senate to delay the implementation of the individual mandate of ObamaCare by one year, meaning Americans would avoid a $95 penalty for not having health insurance that is scheduled to kick in next year.

Referring to those who are losing their health insurance plans, Obama told NBC News, "I am sorry that they are finding themselves in this situation based on assurances they got from me. We've got to work hard to make sure that they know we hear them and we are going to do everything we can to deal with folks who find themselves in a tough position as a consequence of this."

The White House, while defending the health care law and vowing to fix the problems with the website, has not explicitly ruled out the possibility of delaying the individual mandate.

House Speaker John Boehner responded to Obama's apology late Thursday, saying "an apology is certainly in order, but what Americans want to hear is that the president is going to keep his promise."

Thursday's bill was introduced by Senators Joe Manchin, D-W.Va., and Mark Kirk, R-Ill., who said since the Affordable Care Act was passed, there have been "many identifiable problems exposed in the law that need to be addressed."

"We need to start working together to fix this law and make it work so that all Americans have access to affordable and reliable health care coverage," Manchin said in a statement. "We can start with a one-year delay of the individual mandate to eliminate penalty fees if individuals choose to not enroll for a health care plan in 2014.

"This common sense proposal simply allows Americans to take more time to browse and explore their options, making 2014 a true transition year."

The legislation acknowledges there are many positive components of the Affordable Care Act that will lead to health care becoming more affordable for all Americans, and these reforms must "continue to be implemented."

"Nevertheless, it is important to recognize when a new program is not meeting the high standards that the American people expect," the bill reads. "So far, the federal healthcare exchanges have failed, and we must deliver a better product."

The bill also says that delaying the entire implementation of ObamaCare would not be "responsible," but Congress should take action to make "commonsense reforms" to the law.

"Healthcare should not be a burden on consumers, which is why we must delay the penalty for individuals," Kirk said in a statement. "Last July, American businesses were given more time to provide employees health coverage. If a delay is good enough for businesses, it should be good enough for all Americans."

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FOXNews.com: AGREEMENT NEAR? Kerry to join Iran nuclear talks as Israel rejects deal

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AGREEMENT NEAR? Kerry to join Iran nuclear talks as Israel rejects deal
Nov 8th 2013, 11:04

Secretary of State John Kerry will fly to Geneva on Friday to participate in the negotiations between Iran and six world powers on a deal to cap some of the country's atomic programs in exchange for limited relief from sanctions stifling Iran's economy.  

Kerry's visit comes as Iran's chief nuclear negotiator signaled progress at the negotiating table, saying the six had accepted Tehran's proposals on how to proceed, even as Israeli Prime Minister Benjamin Netanyahu called the emerging agreement the "deal of the century" for Iran.

A senior state department official said Friday that Kerry has been open to the possibility of traveling to Geneva for the talks "if it would help narrow differences." The official said European Union's top diplomat, Catherine Ashton, asked Kerry to attend the latest round of discussions. 

The official, who spoke to reporters on condition of anonymity, called the negotiations "a complex process" and said Kerry was "committed to doing anything he can" to help. 

An EU spokesman said French Foreign Minister Laurent Fabius will join Kerry at the talks "to help narrow differences in negotiations" -- a last-minute decision that suggests a deal could be imminent, Reuters reported.

Even if an agreement is reached, it would only be the start of a long process to reduce Iran's potential nuclear threat, with no guarantee of ultimate success.

Netanyahu said Friday that he "utterly rejects" the emerging nuclear deal between western powers and Iran, calling it a "bad deal" and promised that Israel will do everything it needs to do to defend itself. 

"I understand the Iranians are walking around very satisfied in Geneva as well they should because they got everything and paid nothing," Netanyahu told reporters before meeting with Kerry in Tel Aviv.

"They wanted relief of sanctions after years of grueling sanctions, they got that. They paid nothing because they are not reducing in any way their nuclear enrichment capability. So Iran got the deal of the century and the international community got a bad deal," Netanyahu said.

"This is a very bad deal and Israel utterly rejects it. Israel is not obliged by this agreement and Israel will do everything it needs to do to defend itself and defend the security of its people," he said.

Israel believes Iran is trying to develop a nuclear weapon, and says international pressure should be stepped up, not eased.

Tehran's chief nuclear negotiator, Abbas Araghchi, told Iranian state TV on Thursday that the United States, Russia, China, Britain, France and Germany "clearly said that they accept the proposed framework by Iran." He later told CNN that he thinks negotiators at the table are now "ready to start drafting" an accord that outlines specific steps to be taken.

Though Araghchi described the negotiations as "very difficult," he told Iranian state TV that he expected agreement on details by Friday, the last scheduled round of the current talks.

The upbeat comments suggested that negotiators in Geneva were moving from broad discussions over a nuclear deal to details meant to limit Tehran's ability to make atomic weapons. In return, Iran would start getting relief from sanctions that have hit its economy hard.

State Department spokeswoman Jen Psaki said Kerry is expected to meet Friday with Ashton, and Iranian Foreign Minister Mohammad Javad Zarif. Britain's Foreign Secretary
William Hague and German Foreign Minister Guido Westerwelle were also expected to join Kerry on Friday, Reuters reported. 

The talks are primarily focused on the size and output of Iran's enrichment program, which can create both reactor fuel and weapons-grade material suitable for a nuclear bomb. Iran insists it is pursuing only nuclear energy, medical treatments and research, but the United States and its allies fear that Iran could turn this material into the fissile core of nuclear warheads.

President Obama, in an interview with NBC on Thursday, described any sanctions relief as "modest" but said core sanctions against Iran would remain in place.

"Our job is not to trust the Iranians," Obama said. "Our job is to put in place mechanisms where we can verify what they're doing and not doing when it comes to their nuclear program."

International negotiators representing the six powers declined to comment on Araghchi's statement. Bur White House spokesman Jay Carney elaborated on what the U.S. calls a "first step" of a strategy meant to ultimately contain Iran's ability to use its nuclear program to make weapons.

An initial agreement would "address Iran's most advanced nuclear activities; increase transparency so Iran will not be able to use the cover of talks to advance its program; and create time and space as we negotiate a comprehensive agreement," Carney told reporters in Washington.

The six would consider "limited, targeted and reversible relief that does not affect our core sanctions," he said, alluding to penalties crippling Tehran's oil exports. If Iran reneges, said Carney, "the temporary, modest relief would be terminated, and we would be in a position to ratchet up the pressure even further by adding new sanctions."

He described any temporary, initial relief of sanctions as likely "more financial rather than technical." Diplomats have previously said initial sanction rollbacks could free Iranian funds in overseas accounts and allow trade in gold and petrochemicals.

The last round of talks three weeks ago reached agreement on a framework of possible discussion points, and the two sides kicked off Thursday's round focused on getting to that first step.

Thursday's meeting ended about an hour after it began, followed by bilateral meetings, including one between the U.S and Iranian delegations. EU spokesman Michael Mann said the talks were "making progress."

Before the morning round, Zarif, the Iranian foreign minister, met with the EU's Ashton, who is convening the meeting. Asked afterward about the chances of agreement on initial steps this week, Zarif told reporters: "If everyone tries their best, we may have one."

After nearly a decade of deadlock, Iran seems more amenable to making concessions to the six countries. Iran's new president, Hassan Rouhani, has indicated he could cut back on the nuclear program in exchange for an easing of sanctions.

Despite the seemingly calmer political backdrop, issues remain.

Iranian hardliners want a meaningful — and quick — reduction of the sanctions in exchange for any concessions, while some U.S. lawmakers want significant rollbacks in Iran's nuclear activities in exchange for any loosening of actions.

The Associated Press contributed to this report.

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