Georgia executes man lawyers claimed was mentally ill

JACKSON, Ga. A 38-year-old inmate convicted of killing two college students in 1995 was executed in Georgia on Thursday, apologizing to the families of both victims before being injected at a state prison.

Andrew Allen Cook was pronounced dead at 11:22 p.m., about 14 minutes after he was injected with the sedative pentobarbital. He was the first inmate to be executed since the state changed its procedure in July from a three-drug combination to a single dose.

With his last words, he apologized to the families of Mercer University students Grant Patrick Hendrickson, 22, and Michele Lee Cartagena, 19, who were shot several times as they sat in a car at Lake Juliette, which is about 75 miles south of Atlanta. He said what he did was senseless.

"I'm sorry," Cook said as he was strapped to a gurney. "I'm not going to ask you to forgive me. I can't even do it myself."

He also thanked his family for "their support, for being with me and I'm sorry I took so much from you all."

The Georgia Appeals Court on Wednesday temporarily stayed Cook's execution to consider a challenge to the state's lethal injection procedure. But the Georgia Supreme Court lifted the stay Thursday and all other appeals were exhausted.

Cook's lawyers have argued at various stages in their appeals of his death sentence that he suffered from mental illness and was being treated for depression up to the time of his death.

Mary Hendrickson, the mother of one of the victims, recently told television station WMAZ-TV in Macon she's been waiting 18 years for justice.

"I think that's what it was: the devil's work," she said. "When all that is going on, I was just thinking to myself, 'Well, the devil is not going to win. He's not going to win over my heart. He is not going to win."'

The single-drug injection began at about 11:08 p.m. Cook blinked his eyes a few times, and his eyes soon got heavy. His chest was heaving for about two or three minutes as his eyes closed. Not too long after, two doctors examined him and nodded and Carl Humphrey, warden of the state prison in Jackson, pronounced him dead.

Corrections officials said Thursday evening that Cook had received visits from family earlier in the day and ate the last meal he had requested -- steak, a baked potato, potato wedges, fried shrimp, lemon meringue pie and soda.

A jury sentenced Cook to death after he was convicted in the January 2, 1995 slayings at Lake Juliette. Cook wasn't charged until more than two years later. He confessed to his father, a Macon FBI agent who ended up testifying at his son's trial.

The Georgia Bureau of Investigation reached out to John Cook in December 1995 because they were interested in speaking to his son. When he called his then-22-year-old son to tell him the GBI wanted to talk to him, he had no idea the younger man was considered a suspect.

"I said, 'Andy, the GBI is looking for you concerning the Lake Juliette homicide. Do you know anything about it?"' John Cook testified at his son's trial in March 1998. "He said, 'Daddy, I can't tell you. You're one of them. ... You're a cop."'

Eventually, Andrew Cook told his father that he knew about the slayings, that he was there and that he knew who shot the couple, John Cook recalled.

"I just felt like the world was crashing in on me. But I felt maybe he was there and just saw what happened," he said. "I then asked, 'Did you shoot them?'

"After a pause on the phone, he said, 'Yes."'

As a law enforcement officer, John Cook said he was forced to call his supervisor and contacted the Monroe County sheriff.

At the trial, as he walked away from the stand, the distraught father mouthed "I'm sorry" to the victims' families who were sitting on the front row of the courtroom. Several members of both families acknowledged his apology.

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Arias Challenged On Pedophilia Claim












Accused murderer Jodi Arias was challenged today by phone records, text message records, and her own diary entries that appeared to contradict her claim that she caught her ex-boyfriend, Travis Alexander, looking at pictures of naked boys.


Arias had said during her testimony that one afternoon in January 2008, she walked in on Alexander masturbating to pictures of naked boys. She said she fled from the home, threw up, drove around aimlessly, and ignored numerous phone calls from Alexander because she was so upset at what she had seen.


The claim was central to the defense's accusation that Alexander was a "sexual deviant" who grew angry and abusive toward Arias in the months after the incident, culminating in a violent confrontation in June that left Alexander dead.


Arias claimed she killed him in self-defense. She could face the death penalty if convicted of murder.


Catching Up on the Trial? Check Out ABC News' Jodi Arias Trial Coverage


Today, prosecutor Juan Martinez, who has been aggressive in questioning witnesses throughout the trial, volleyed questions at her about the claim of pedophilia, asking her to explain why her and Alexander's cell phone records showed five calls back and forth between the pair throughout the day she allegedly fled in horror. Some of the calls were often initiated Arias, according to phone records.








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She and Alexander also exchanged text messages throughout the afternoon and evening at a time when Arias claims the pedophilia incident occurred. In those messages they discuss logistics of exchanging one another's cars that night. Alexander sends her text messages about the car from a church social event he attended that night that she never mentioned during her testimony.


Arias stuck by her claim that she saw Alexander masturbating to the pictures, and her voice remained steady under increasingly-loud questioning by Martinez.


But Martinez also sparred with Arias on the stand over minor issues, such as when he asked Arias detailed questions about the timing and order of events from that day and Arias said she could not remember them.


"It seems you have problems with your memory. Is this a longstanding thing? Since you started testifying?" Martinez asked.


"No it goes back farther than that. I don't know even know if I'd call it a problem," Arias said.


"How far back does it go? You don't want to call them problems, are they issues? Can we call them issues? When did you start having them?" he asked in rapid succession. "You say you have memory problems, that it depends on the circumstance. Give me the factors that influence that."


"Usually when men like you or Travis are screaming at me," Arias shot back from the stand. "It affects my brain, it makes my brain scramble."


"You're saying it's Mr. Martinez's fault?" Martinez asked, referring to himself in the third person.


"Objection your honor," Arias' attorney finally shouted. "This is a stunt!"


Timeline of the Jodi Arias Trial


Martinez dwelled at one point about a journal entry where Arias wrote that she missed the Mormon baptism of her friend Lonnie because she was having kinky sex with Alexander. He drew attention to prior testimony that she and Alexander used Tootsie Pops and Pop Rocks candy as sexual props.


"You're trying to get across (in the diary entry) that this involved a sexual liaison with Mr. Alexander right?" he asked. "And you're talking about Tootsie Pops and Pop Rocks?"


"That happened also that night," Arias said.


"You were there, enjoying it, the Tootsie Pops and Pop Rocks?" he asked again, prompting a smirk from Arias.


"I enjoyed his attention," Arias said.






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How secure is the papal election?




The Conclave of Cardinals that will elect a new pope will meet in the Sistine Chapel in Vatican City.




STORY HIGHLIGHTS


  • Bruce Schneier: Rules for picking a new pope are very detailed

  • He says elaborate precautions are taken to prevent election fraud

  • Every step of the election process is observed by people who know each other

  • Schneier: Vatican's procedures, centuries in the making, are very secure




Editor's note: Bruce Schneier is a security technologist and author of "Liars and Outliers: Enabling the Trust Society Needs to Survive." In 2005, before the conclave that elected Pope Benedict XVI, Schneier wrote a piece on his blog about the process. This essay is an updated version, reflecting new information and analysis.


(CNN) -- As the College of Cardinals prepares to elect a new pope, security people like me wonder about the process. How does it work, and just how hard would it be to hack the vote?


The rules for papal elections are steeped in tradition. John Paul II last codified them in 1996, and Benedict XVI left the rules largely untouched. The "Universi Dominici Gregis on the Vacancy of the Apostolic See and the Election of the Roman Pontiff" is surprisingly detailed.


Every cardinal younger than 80 is eligible to vote. We expect 117 to be voting. The election takes place in the Sistine Chapel, directed by the church chamberlain. The ballot is entirely paper-based, and all ballot counting is done by hand. Votes are secret, but everything else is open.



Bruce Schneier

Bruce Schneier



First, there's the "pre-scrutiny" phase.


"At least two or three" paper ballots are given to each cardinal, presumably so that a cardinal has extras in case he makes a mistake. Then nine election officials are randomly selected from the cardinals: three "scrutineers," who count the votes; three "revisers," who verify the results of the scrutineers; and three "infirmarii," who collect the votes from those too sick to be in the chapel. Different sets of officials are chosen randomly for each ballot.


Each cardinal, including the nine officials, writes his selection for pope on a rectangular ballot paper "as far as possible in handwriting that cannot be identified as his." He then folds the paper lengthwise and holds it aloft for everyone to see.


When everyone has written his vote, the "scrutiny" phase of the election begins. The cardinals proceed to the altar one by one. On the altar is a large chalice with a paten -- the shallow metal plate used to hold communion wafers during Mass -- resting on top of it. Each cardinal places his folded ballot on the paten. Then he picks up the paten and slides his ballot into the chalice.


Pope may change rules to allow earlier election


If a cardinal cannot walk to the altar, one of the scrutineers -- in full view of everyone -- does this for him.




If any cardinals are too sick to be in the chapel, the scrutineers give the infirmarii a locked empty box with a slot, and the three infirmarii together collect those votes. If a cardinal is too sick to write, he asks one of the infirmarii to do it for him. The box is opened, and the ballots are placed onto the paten and into the chalice, one at a time.


When all the ballots are in the chalice, the first scrutineer shakes it several times to mix them. Then the third scrutineer transfers the ballots, one by one, from one chalice to another, counting them in the process. If the total number of ballots is not correct, the ballots are burned and everyone votes again.


To count the votes, each ballot is opened, and the vote is read by each scrutineer in turn, the third one aloud. Each scrutineer writes the vote on a tally sheet. This is all done in full view of the cardinals.


The total number of votes cast for each person is written on a separate sheet of paper. Ballots with more than one name (overvotes) are void, and I assume the same is true for ballots with no name written on them (undervotes). Illegible or ambiguous ballots are much more likely, and I presume they are discarded as well.


Then there's the "post-scrutiny" phase. The scrutineers tally the votes and determine whether there's a winner. We're not done yet, though.


The revisers verify the entire process: ballots, tallies, everything. And then the ballots are burned. That's where the smoke comes from: white if a pope has been elected, black if not -- the black smoke is created by adding water or a special chemical to the ballots.



Being elected pope requires a two-thirds plus one vote majority. This is where Pope Benedict made a change. Traditionally a two-thirds majority had been required for election. Pope John Paul II changed the rules so that after roughly 12 days of fruitless votes, a simple majority was enough to elect a pope. Benedict reversed this rule.


How hard would this be to hack?


First, the system is entirely manual, making it immune to the sorts of technological attacks that make modern voting systems so risky.


Second, the small group of voters -- all of whom know each other -- makes it impossible for an outsider to affect the voting in any way. The chapel is cleared and locked before voting. No one is going to dress up as a cardinal and sneak into the Sistine Chapel. In short, the voter verification process is about as good as you're ever going to find.


A cardinal can't stuff ballots when he votes. The complicated paten-and-chalice ritual ensures that each cardinal votes once -- his ballot is visible -- and also keeps his hand out of the chalice holding the other votes. Not that they haven't thought about this: The cardinals are in "choir dress" during the voting, which has translucent lace sleeves under a short red cape, making sleight-of-hand tricks much harder. Additionally, the total would be wrong.


The rules anticipate this in another way: "If during the opening of the ballots the scrutineers should discover two ballots folded in such a way that they appear to have been completed by one elector, if these ballots bear the same name, they are counted as one vote; if however they bear two different names, neither vote will be valid; however, in neither of the two cases is the voting session annulled." This surprises me, as if it seems more likely to happen by accident and result in two cardinals' votes not being counted.


Ballots from previous votes are burned, which makes it harder to use one to stuff the ballot box. But there's one wrinkle: "If however a second vote is to take place immediately, the ballots from the first vote will be burned only at the end, together with those from the second vote." I assume that's done so there's only one plume of smoke for the two elections, but it would be more secure to burn each set of ballots before the next round of voting.


The scrutineers are in the best position to modify votes, but it's difficult. The counting is conducted in public, and there are multiple people checking every step. It'd be possible for the first scrutineer, if he were good at sleight of hand, to swap one ballot paper for another before recording it. Or for the third scrutineer to swap ballots during the counting process. Making the ballots large would make these attacks harder. So would controlling the blank ballots better, and only distributing one to each cardinal per vote. Presumably cardinals change their mind more often during the voting process, so distributing extra blank ballots makes sense.


There's so much checking and rechecking that it's just not possible for a scrutineer to misrecord the votes. And since they're chosen randomly for each ballot, the probability of a cabal being selected is extremely low. More interesting would be to try to attack the system of selecting scrutineers, which isn't well-defined in the document. Influencing the selection of scrutineers and revisers seems a necessary first step toward influencing the election.


If there's a weak step, it's the counting of the ballots.


There's no real reason to do a precount, and it gives the scrutineer doing the transfer a chance to swap legitimate ballots with others he previously stuffed up his sleeve. Shaking the chalice to randomize the ballots is smart, but putting the ballots in a wire cage and spinning it around would be more secure -- albeit less reverent.


I would also add some kind of white-glove treatment to prevent a scrutineer from hiding a pencil lead or pen tip under his fingernails. Although the requirement to write out the candidate's name in full provides some resistance against this sort of attack.


Probably the biggest risk is complacency. What might seem beautiful in its tradition and ritual during the first ballot could easily become cumbersome and annoying after the twentieth ballot, and there will be a temptation to cut corners to save time. If the Cardinals do that, the election process becomes more vulnerable.


A 1996 change in the process lets the cardinals go back and forth from the chapel to their dorm rooms, instead of being locked in the chapel the whole time, as was done previously. This makes the process slightly less secure but a lot more comfortable.


Of course, one of the infirmarii could do what he wanted when transcribing the vote of an infirm cardinal. There's no way to prevent that. If the infirm cardinal were concerned about that but not privacy, he could ask all three infirmarii to witness the ballot.


There are also enormous social -- religious, actually -- disincentives to hacking the vote. The election takes place in a chapel and at an altar. The cardinals swear an oath as they are casting their ballot -- further discouragement. The chalice and paten are the implements used to celebrate the Eucharist, the holiest act of the Catholic Church. And the scrutineers are explicitly exhorted not to form any sort of cabal or make any plans to sway the election, under pain of excommunication.


The other major security risk in the process is eavesdropping from the outside world. The election is supposed to be a completely closed process, with nothing communicated to the world except a winner. In today's high-tech world, this is very difficult. The rules explicitly state that the chapel is to be checked for recording and transmission devices "with the help of trustworthy individuals of proven technical ability." That was a lot easier in 2005 than it will be in 2013.


What are the lessons here?


First, open systems conducted within a known group make voting fraud much harder. Every step of the election process is observed by everyone, and everyone knows everyone, which makes it harder for someone to get away with anything.


Second, small and simple elections are easier to secure. This kind of process works to elect a pope or a club president, but quickly becomes unwieldy for a large-scale election. The only way manual systems could work for a larger group would be through a pyramid-like mechanism, with small groups reporting their manually obtained results up the chain to more central tabulating authorities.


And third: When an election process is left to develop over the course of a couple of thousand years, you end up with something surprisingly good.


Follow @CNNOpinion on Twitter.


Join us at Facebook/CNNOpinion.


The opinions expressed in this commentary are solely those of Bruce Schneier.






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Officer in Pistorius case facing 7 attempted murder charges: police






JOHANNESBURG: The lead detective in the Oscar Pistorius murder case is himself facing seven attempted murder charges for shooting at a taxi in 2009 to try to stop it, police said Thursday.

"We were only informed yesterday that attempted murders charges against Hilton Botha have been reinstated," said police spokesman Neville Malila.

Malila said the charges were initially brought against investigating officer Botha in 2009, but later withdrawn.

It is not clear whether he will continue working on the case.

On Wednesday, Botha's evidence came under scrutiny from Pistorius' defence team, forcing him to admit to multiple errors in the case, including not wearing protective clothing when attending to the athlete's house, where the shooting happened.

Under cross-examination, Botha was forced to admit that Pistorius's version of the early morning shooting last Thursday fitted the crime scene, weakening the state's claim that the killing was premeditated.

- AFP/ck



Read More..

Pistorius case investigator accused of attempted murder






STORY HIGHLIGHTS


  • NEW: A decision in the bail hearing could come as soon as Thursday

  • Charges against investigator stem from 2009 incident, spokesman says

  • Botha and other officers fired at a minibus they were pursuing, he says

  • The officers were allegedly drunk at the time, spokesman says




(CNN) -- The sensational case of Oscar Pistorius took a new turn Thursday when police said the lead investigator is facing seven counts of attempted murder stemming from an incident four years ago.


That investigator, Hilton Botha, and several other police officers apparently fired at a minibus they were chasing in late 2009, spokesman Neville Malila told CNN affiliate eNCA.


The officers were allegedly drunk at the time, the spokesman said.


They were arrested on seven counts of attempted murder -- for the number of occupants in the minibus, the spokesman said.


They were also charged with using firearms under the influence of alcohol, and all of them appeared in court.


The charges were provisionally withdrawn, but the Director of Public Prosecution reinstated them Wednesday and plans to move ahead on the charges later this year, the spokesman said.


The revelation comes as final arguments are set to begin in the bail hearing of the Olympian charged with premeditated murder in the killing of his girlfriend, model Reeva Steenkamp, in the early hours of Valentine's Day. A ruling in the hearing could come as soon as Thursday.


Pistorius has said he thought he was shooting at an intruder.


But Botha told the court Wednesday that Pistorius, 26, wasn't acting in self-defense when he shot through the door of a toilet room in the bathroom of his home and killed Steenkamp.


Botha said he believes Pistorius knew Steenkamp was on the other side of the door. He didn't explain why investigators think that but suggested Pistorius was specifically aiming to hit the toilet where Steenkamp had gone.


But he also said investigators have found no evidence that is inconsistent with Pistorius' story.


Bail hearing


Prosecutors spent much of the hearing Wednesday focused on the bathroom of Pistorius' Pretoria home, where authorities say the track star shot Steenkamp three times, in the hip, elbow and ear.


Bullet trajectories show that Pistorius had to turn left and fire at an angle to aim at the toilet, Botha testified. Had he fired head-on into the door, he would have missed her, Botha said.


Defense attorney Barry Roux disputed that, saying the evidence does not show there was an effort to aim at the toilet.


Prosecutors are trying to prove Pistorius intentionally fired on Steenkamp, 29, in a premeditated attempt to kill her. Pistorius and his lawyers argue he mistook her for an intruder and killed her accidentally.


Pistorius said in a statement read Tuesday by his lawyer that he believes Steenkamp slipped into the bathroom when he got up to close the balcony door in his bedroom in the early hours of February 14.


Hearing noises and gripped with fear that someone had broken into his home, Pistorius said he grabbed his gun, yelled for the intruder to leave and shot through the toilet-room door before realizing the person inside might have been Steenkamp.


Roux said Wednesday that the defense team believes Steenkamp locked the door when she heard Pistorius yelling for the intruder to leave. He also said Steenkamp's bladder was empty, suggesting she had gone to the bathroom as Pistorius claimed.


Botha also said police believe a blood-stained cricket bat found in the bathroom was used to break down the locked door to the toilet.


Pistorius said in his statement that he used the bat to break down the door in an effort to get to Steenkamp to help her.


Botha agreed with the defense contention that, other than the bullet wounds, her body showed no sign of an assault or efforts to defend herself.


But prosecutors and Pistorius' defense battled over allegations that testosterone and needles were found at the home, as well as the quality of the police investigation.


Did investigators make errors?


Amid speculation by outsiders to the case that steroids or other drugs could have somehow played a role in the shooting, Botha testified that investigators found two boxes of testosterone and needles at Pistorius' home.


Under questioning by Roux, however, Botha said he hadn't read the full name of the substance -- which Roux said was an herbal remedy called testoconpasupium coenzyme -- when investigators took the materials into evidence. A quick Internet search on the name of the substance yielded no results.


Roux also said the defense forensics team found a bullet in the toilet that police had missed and noted police had failed to find out who owned ammunition found at the home or photograph it.


Investigators also went into Pistorius' home without wearing protective foot covers to prevent contamination of the crime scene, Roux said. Botha conceded that was true and said it was because police didn't have any more of the covers left.


Roux questioned police arguments that a witness heard sounds of an argument before the shooting. The witness, Roux said, lives 600 meters (more than a third of a mile) from Pistorius' home. Prosecutor Gerrie Nel countered that the witness lives 300 meters away.


Would he run?


Botha told Magistrate Desmond Nair that investigators believe Pistorius is violent and might flee if released from jail.


He described two police encounters with Pistorius, one in which Botha said the track star asked someone else to take the blame when a gun went off at a Johannesburg restaurant.


Police said the second incident took place at a racetrack, where Pistorius allegedly threatened to assault someone.


Authorities have also said they have responded to previous domestic incidents at Pistorius' home, but have not elaborated.


In his statement Tuesday, Pistorius said he and Steenkamp were deeply in love and said he was "mortified" over her death.


High hurdle


Defense attorneys are trying to overcome South African law, which makes it difficult for defendants accused of premeditated murder to get out on bail. The law requires evidence of "exceptional circumstances" to justify release.


Nair upgraded the charge against Pistorius to premeditated murder Tuesday, saying he could not rule out the possibility that the track star planned Steenkamp's death. But Nair said he would consider downgrading the charge later.


In his statement Tuesday, Pistorius said he would not try to flee or influence any witnesses if he is allowed out on bail, and he said his release wouldn't be a danger to public order.







Read More..

Sequestration could mean across-the-board pain

(CBS News) WASHINGTON - The entire economy is headed for trouble in just eight days -- when massive across-the-board cuts in the federal budget are scheduled to kick in automatically. The cuts were designed to be so deep and harmful, that they would force the president and Congress to find a better way. But they haven't. Just for example, there would be $46 billion cut from the Defense Department and benefit cuts for 4.7 million long-term unemployed.

The FBI says the budget cuts would require all employees, including special agents, to be furloughed for up to 14 days.

Referring to the FBI's top managers, Jan Fedarcyk, the former head of the New York field office of the agency, said: "I'm sure they are most worried about, 'What does this mean in the national security arena?' That's probably at the top of the list, a discussion about maintaining our counter-terrorism operations."

Watch CBS News correspondent David Martin's report on the impact the sequester cuts could have on those who work for the Department of Defense:

Most of the cuts would not take effect immediately on March 1 -- they would be phased in slowly over several months. And they could be avoided if Congress and the president could agree to a deal. But if they can't, the cuts will be painful.

Thousands of security screeners at the nation's airports would also be furloughed. Wait times at the busiest airports could increase by up to an hour.

Boehner, WH trade blame for sequester

Dickerson: Obama has stronger hand in sequester fight
Will sequestration really be that bad?

About 70,000 children would be dropped from Head Start.

About 600,000 women and young children would be cut from a major nutrition program.

Millions of the nation's long-term unemployed would lose an average of more than $400 in benefits.

On the health front, the FDA says furloughs would result in 2,100 fewer inspections of food plants, increasing the risk of food-borne illness. And medical research could be cut by $1.6 billion, slowing progress in the fight against disease, including cancer and Alzheimer's.

Medicare, Medicaid and Social Security would largely be spared. But critics of the whole process say that is a fundamental flaw because entitlement programs are a major driver of the national debt.

Read More..

Obama can't kick his legacy down road











By Gloria Borger, CNN Chief Political Analyst


February 19, 2013 -- Updated 2122 GMT (0522 HKT)







President Obama has a small window of opportunity to get Congress to act on his priorities, Gloria Borger says.




STORY HIGHLIGHTS


  • Gloria Borger: Prospect of deep budget cuts was designed to compel compromise

  • She says the "unthinkable" cuts now have many supporters

  • The likelihood that cuts may happen shows new level of D.C. dysfunction, she says

  • Borger: President may want a 2014 House victory, but action needed now




(CNN) -- So let's try to recount why we are where we are. In August 2011, Washington was trying to figure out how to raise the debt ceiling -- so the US might continue to pay its bills -- when a stunt was hatched: Kick the can down the road.


And not only kick it down the road, but do it in a way that would eventually force Washington to do its job: Invent a punishment.



Gloria Borger

Gloria Borger



If the politicians failed to come up with some kind of budget deal, the blunt instrument of across-the-board cuts in every area would await.


Unthinkable! Untenable!


Until now.


In fact, something designed to be worse than any conceivable agreement is now completely acceptable to many.



And not only are these forced budget cuts considered acceptable, they're even applauded. Some Republicans figure they'll never find a way to get 5% across-the-board domestic spending cuts like this again, so go for it. And some liberal Democrats likewise say 8% cuts in military spending are better than anything we might get on our own, so go for it.


The result: A draconian plan designed to force the two sides to get together has now turned out to be too weak to do that.


And what does that tell us? More about the collapse of the political process than it does about the merits of any budget cuts. Official Washington has completely abdicated responsibility, taking its dysfunction to a new level -- which is really saying something.


We've learned since the election that the second-term president is feeling chipper. With re-election came the power to force Republicans to raise taxes on the wealthy in the fiscal cliff negotiations, and good for him. Americans voted, and said that's what they wanted, and so it happened. Even the most sullen Republicans knew that tax fight had been lost.


Points on the board for the White House.




Now the evil "sequester" -- the forced budget cuts -- looms. And the president proposes what he calls a "balanced" approach: closing tax loopholes on the rich and budget cuts. It's something he knows Republicans will never go for. They raised taxes six weeks ago, and they're not going to do it again now. They already gave at the office. And Republicans also say, with some merit, that taxes were never meant to be a part of the discussion of across-the-board cuts. It's about spending.


Here's the problem: The election is over. Obama won, and he doesn't really have to keep telling us -- or showing us, via staged campaign-style events like the one Tuesday in which he used police officers as props while he opposed the forced spending cuts.


What we're waiting for is the plan to translate victory into effective governance.


Sure, there's no doubt the president has the upper hand. He's right to believe that GOP calls for austerity do not constitute a cohesive party platform. He knows that the GOP has no singular, effective leader, and that its message is unformed. And he's probably hoping that the next two years can be used effectively to further undermine the GOP and win back a Democratic majority in the House.


Slight problem: There's plenty of real work to be done, on the budget, on tax reform, on immigration, climate change and guns. A second-term president has a small window of opportunity. And a presidential legacy is not something that can be kicked down the road.


Follow @CNNOpinion on Twitter.


Join us at Facebook/CNNOpinion.


The opinions expressed in this commentary are solely those of Gloria Borger.











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Football: FIFA calls for strict match-fixing laws






KUALA LUMPUR: Football authorities vowed to excise the "cancer" of match-fixing, but said Wednesday tougher laws were needed worldwide to protect the bruised integrity of the world's most popular sport.

FIFA director of security Ralk Mutschke told a two-day gathering with Interpol that the world governing body's "zero tolerance" for match-fixing needs to be helped by "the right policies for law enforcement and the football community".

The meeting comes following revelations a fortnight ago that almost 700 matches worldwide, including Champions League ties and World Cup qualifiers, were targeted by gambling gangs.

"We are banning players and referees for life but criminals are out there free -- they get no sentence. That's wrong," he told reporters when asked to comment on Singapore's refusal to arrest a key suspect wanted in Italy suspected of rigging games.

"We have to bring in governments to change legislation and laws. Many countries do not have laws to fight match manipulation," Mutschke said.

He pointed to the November acquittal of three players in Switzerland accused of committing fraud by throwing games, where a judge said there was no obvious victim.

Mutschke said FIFA was cooperating with the Council of Europe to draft legislation to fight match-fixing, with hopes it would be implemented across the continent.

FIFA's legal team will also press the case at a May meeting of national sports ministers in Berlin where match-fixing is due to be discussed, he added.

About 150 delegates from Asian football associations, player and referee representatives, as well as government agencies, are meeting in the Malaysian capital of Kuala Lumpur, home to the Asian Football Confederation (AFC).

"We are ready to eradicate this cancer from the game. AFC will not rest until this plague is completely stopped in Asia," the AFC's acting president Zhang Jilong said in a speech.

But he later admitted to AFP that eradication "could be difficult, especially in Asia", where gambling is widespread and flourishing.

According to Europol, 380 suspicious match results have been identified in Europe, among nearly 700 worldwide, with the problem tied to a criminal syndicate based in Singapore.

Police in Singapore are calling for hard evidence before acting against Dan Tan Seet Eng, a Singaporean citizen whose name has cropped up in probes across several countries.

-AFP/gn



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Pistorius due back in court; bail ruling expected


























Photos: 'Blade Runner' Oscar Pistorius


'Blade Runner' Oscar Pistorius


'Blade Runner' Oscar Pistorius


'Blade Runner' Oscar Pistorius


'Blade Runner' Oscar Pistorius


'Blade Runner' Oscar Pistorius


'Blade Runner' Oscar Pistorius


'Blade Runner' Oscar Pistorius


'Blade Runner' Oscar Pistorius


'Blade Runner' Oscar Pistorius


'Blade Runner' Oscar Pistorius


'Blade Runner' Oscar Pistorius


'Blade Runner' Oscar Pistorius


'Blade Runner' Oscar Pistorius


'Blade Runner' Oscar Pistorius


'Blade Runner' Oscar Pistorius


'Blade Runner' Oscar Pistorius


'Blade Runner' Oscar Pistorius


'Blade Runner' Oscar Pistorius





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STORY HIGHLIGHTS


  • Prosecutors are asking that bail be denied

  • Oscar Pistorius paints a detailed picture of his version of his girlfriend's death

  • "I had no intention to kill my girlfriend," he says in his statement

  • Prosecutors dispute Pistorius' version, say he meant to kill her




Pretoria, South Africa (CNN) -- Olympian Oscar Pistorius returns to court on Wednesday to find out if he can be freed on bail after being charged with premeditated murder in the shooting death of his girlfriend.


The charge of premeditation makes it more difficult for Pistorius' attorneys to argue he should be released pending trial. To win bail, the defense must argue that "exceptional circumstances" exist that would justify Pistorius' release.


Prosecutors have said they would ask for bail to be denied in the Valentine's Day death of Reeva Steenkamp.


Tuesday's court session ended with no decision on bail for Pistorius, 26. Prosecutors said they needed time to study the affidavits read in court before deciding how to proceed.


In a statement read by his lawyer, Pistorius said he would not try to flee or influence any witnesses if he is allowed out on bail, and he argued his release wouldn't be a danger to public order.


During Tuesday's hearing, Magistrate Desmond Nair upgraded the charge against Pistorius to premeditated murder, saying he could not rule out the possibility that the track star planned Steenkamp's death. But Nair said he will consider downgrading the charge later.


Pistorius' affidavit in alleged murder of girlfriend


A tragic mistake?


While prosecutors and defense lawyers agree Pistorius shot Steenkamp, the track star denied intentionally killing her.


"I fail to understand how I could be charged with murder, let alone premeditated murder because I had no intention to kill my girlfriend," Pistorius said in his statement.


"We were deeply in love and couldn't be happier," he said. "I loved her and I know she felt the same way."









Pistorius' girlfriend dies on Valentine's Day










HIDE CAPTION















In his statement, Pistorius said Steenkamp came to his home February 13 for a quiet dinner. They wrapped up the night with a bit of television in bed for him, some yoga for her. She had brought him a Valentine's Day present to open the next day.


After the couple had gone to bed, he said he got up in the early hours of February 14 to close the balcony door in his bedroom when he heard a sound in the bathroom.


Pistorius said he'd been a victim of violence and burglary in the past, and realized with terror that contractors who worked at the house had left ladders outside.


Fearing someone had entered the home through the open bathroom window, Pistorius grabbed his 9mm pistol from under the bed, moved in the dark on the stumps of his amputated legs and yelled at what he thought was the intruder to get out.


"I fired shots at the toilet door and shouted to Reeva to phone the police. She did not respond and I moved backwards out of the bathroom, keeping my eye on the bathroom entrance," Pistorius said in his statement.


"Everything was pitch-dark in the bedroom and I was still too scared to switch on a light."


"When I reached the bed, I realized that Reeva was not in bed. That is when it dawned on me that it could have been Reeva who was in the toilet. I returned to the bathroom calling her name," he said.


He said he threw open the balcony door and screamed for help, put on his prosthetic legs and tried to kick in the door to the separate room inside the bathroom containing the toilet. Then, he said, he picked up a cricket bat, smashing panels out of the door before finding a key and unlocking it.


"Reeva was slumped over but alive," he said.


Pistorius said he called for help and was told to take her to the hospital himself.


He carried her downstairs and tried to help her, but she died.


A premeditated murder?


Prosecutors, however, painted a different picture.


They rejected Pistorius' claim that he mistook her for a burglar, saying it would make no sense for an intruder to hide behind a locked bathroom door.


Instead, they say Pistorius armed himself, attached his prosthetic legs and walked 7 meters (23 feet) to shoot Steenkamp through a bathroom door after a heated argument.


Defense attorney Barry Roux questioned the state's argument, asking how prosecutors would know Pistorius had put on his prosthetic legs and walked to the bathroom before shooting his girlfriend.


Police were alerted to the shooting by neighbors, and residents had "heard things earlier," police spokeswoman Denise Beukes said.


Authorities said there had been "previous incidents" at the home, including "allegations of a domestic nature," but did not provide details.


Detectives are investigating the blood-stained cricket bat found in the home, Johannesburg's City Press newspaper reported. They are trying to determine whether it was used to attack Steenkamp, if she used the bat in self-defense, or if Pistorius used it to try to break down the bathroom door, the newspaper said.


Case rivets fans


The case of the global sports hero known as the "Blade Runner" has riveted stunned fans around the world.


As he walked into court in a blue shirt, gray suit and tie, frenzied photographers snapped away, prompting the judge to demand they stop.


The scene was a far cry from the packed stadiums that erupted in applause whenever the double-amputee competed against men with legs.


On social media, sentiment appeared to be mixed. "Oscar Pistorius is telling us rubbish," one Twitter user posted.


But others were more supportive after hearing Pistorius' story. "I for some reason believe Pistorius after reading his affidavit!!" another person tweeted.


Robyn Curnow and Kim Norgaard reported from South Africa; Ed Payne reported and wrote from Atlanta. CNN's Nkepile Mabuse also contributed to this report.






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Former Navy SEAL on Coming Out of Shadows












It used to be that Navy SEALs didn't just operate in the shadows. They trained in them too. Their whole story stayed shrouded in mystery. Their secret missions stayed secret to the rest of us.


But when they got Osama Bin Laden, snatched back an American cargo ship taken by pirates and rescued two air workers held hostage in Somalia, then suddenly, it seemed that SEALs were headline-makers.


Add to that some SEALs wrote books about SEAL adventures and even acted in a movie about the SEAL experience using live ammunition when they made "Act of Valor." They can't quite be called "the military unit that no one ever talked about" any longer.


Watch the full story on "Nightline" TONIGHT at 12:35 a.m. ET


Rorke Denver played Lt. Commander Rorke in "Act of Valor," a film that used dozens of SEALs and went on to gross $80 million at the box office. Now, with the help of a writer, Denver is doing some pretty decent storytelling in a new book, "Damn Few: Making the Modern SEAL Warrior."


He agrees that with SEALs like him telling their stories that these guys are out in the open like never before.


"We are, at this moment in our history, when the heat is on, the missions are getting press and coverage," Denver said.










Acts of Valor: Four Boyfriends Took Bullets to Save Girlfriends Watch Video









'Zero Dark Thirty' Screenwriter Responds to Film's Controversy Watch Video





When asked if it was a good thing, he said, "time will tell."


"We are in the public eye and I think that mythology is something that people are hugely, hugely interested in and they have an appetite for it," Denver said. "So for us with the movie and then also with 'Damn Few' I had an opportunity, I feel, to authentically represent and hopefully do it from an honorable point of view and accurately do so."


It's mostly his own story Denver tells in "Damn Few," how he joined the SEALs after college -- they didn't want him at first.


"I put in my first application and they said no, and I am glad it went that way. I think the community really values resiliency and toughness and focus and a 'never quit' attitude. For me, when they said no I thought, that ain't going to cut it."


Denver didn't quit. He reapplied and went on to survive the SEALs brutal Hell Week and training, joined the team and deployed all over the world, including the deadly Al Anbar province in Iraq when the war there was at its hottest. His family waited for him to return stateside.


"The families, I feel, are the ones who pay the price of our choices," Denver said. "But I didn't appreciate how much I was asking my family to bear and experience it with me. They really are every bit a part of our experience and frankly they are the ones who are back home and praying and believing that you are going to come home."


But even his family didn't quite know what Denver did at work every day.


"I never ask questions about what he does," said his wife, Tracy.



But "Act of Valor" was revealing in that way, and Denver's wife watched the film.


"For me it was incredibly eye-opening to actually see a submarine mission or running around in the jungle, jumping out of a plane, shooting his weapons," she said. "For me, it was like, oh, so this is what you are doing when you are away. I appreciated it actually."






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