the legal street news november 12
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W A S H I N G -TON (AP) -- Nowthat his re-electionis secured,President BarackObama has a freerhand to deal with aworld of familiarproblems in freshways, from tough-ening America'sapproach to Iranand Syria whilepotentially engag-ing other repres-sive countriessuch as Cuba andNorth Korea andrefocusing onmoribund MiddleEast peace efforts.
The first tweaksin his Iran policy could come within weeks, offi-cials said.
But a pressing task for Obama will be toassign a new team to carry out his national secu-rity agenda. Secretary of State Hillary RodhamClinton has announced her plans to retire butcould stay a few weeks past January to help theadministration as it reshuffles personnel. DefenseSecretary Leon Panetta is likely to depart shortlyafter her. CIA Director Gen. David Petraeus isexpected to stay on.
The favorite to succeed Clinton, U.N.Ambassador Susan Rice, would face a difficultSenate confirmation process after her much-maligned explanations of the attack on the U.S.Consulate in Benghazi, Libya, meaning she couldland instead as Obama's national security advis-er. That job that doesn't require the Senate'sapproval. Tom Donilon, who currently holds thatposition, and Chuck Hagel, a former Republicansenator, are among the other contenders.
The chances of another early favorite, SenateForeign Relations Committee Chairman JohnKerry, are hampered by Democrats' fear thatRepublican Scott Brown, who lost hisMassachusetts Senate seat Tuesday, could winKerry's seat in a race to replace him.
Officials, however, are pointing to JonHuntsman, the former Utah governor, Obama'sambassador to China and Republican presidentialcandidate, and the State Department's currentNo. 2, William Burns.
Huntsman is still widely respected by theadministration even if he'd hoped to unseatObama. Choosing Huntsman would allow thepresident to claim bipartisanship while putting anAsia expert in the job at a time when the U.S. is
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In The News This Week
focusing moreattention on theworld's most popu-lous continent.Burns would be anoption as caretak-er secretary untilpostelection pas-sions in Congresssubside and a per-manent replace-ment might facesmoother confir-mation. He is acareer diplomatwho has no politi-cal baggage andwould be unlikelyto stir significantopposition among
l a w m a k e r s .
At the Pentagon,speculation about successors has been limited.Panetta's deputy, Ashton Carter, is seen as a pos-sibility, along with Michele Flournoy, who servedas Defense Department policy chief from 2009-12and would be the first woman in the top job.
New Cabinet members will enter at a time ofvarious global security challenges, from the ArabSpring to China's rapid economic and militaryexpansion in Asia. But the president's escapefrom any future campaigning also offers uniquediplomatic opportunities, which Obama himselfhinted at in March when he told then-Russianpresident and current prime minister DmitryMedvedev that he'd have "more flexibility" onthorny issues after the election.
Obama's immediate predecessors, Bill Clintonand George W. Bush, used their second terms tolaunch major, though ultimately unsuccessful ini-tiatives for an Israeli-Palestinian accord, an elu-sive goal that Obama also deeply desires. Thissummer he listed the lack of progress towardpeace among the biggest disappointments of hispresidency so far, suggesting another U.S.attempt in the offing.
Clinton's Camp David negotiations and Bush'sAnnapolis process became signature foreign poli-cy priorities in 2000 and 2007. But the Israelis andthe Palestinians remain as far apart as ever on thecontours of an agreement, from the borders oftheir two separate states to issues related torefugees and resources.
Any Obama-led plan for the Middle East willbe complicated by Israel's fears about the Iraniannuclear program, civil war in nearby Syria and thenew reality of an Islamist-led Egypt havingreplaced America's most faithful Arab ally.Obama's difficult relationship with Israeli Prime
OBAMA FACES FAMILIARWORLD OF PROBLEMS IN
2ND TERMNow that his re-election is secured, President
Barack Obama has a freer hand to deal with a
world of familiar problems. Page 1
ISRAEL CONSIDERSRESUMPTION OF GAZA
ASSASSINATIONS
Israel is considering resuming its contentious
practice of assassinating militant leaders in the
Hamas-ruled Gaza Strip. Page 2
CHINA OPENS POWERTRANSFER BY KEEPING IT
OFF-STAGE
China's ruling communists opened a pivotal
congress to initiate a power handover to new
leaders. Page 3
FLORIDA ACCIDENTSTATISTICS
Accident Statistics from Florida Department
of Highway Safety and Motor Vehicles. Page 4
FLORIDA ACCIDENTREPORTS
This Weeks Accident Reports from Various
countys in Florida. Page 5
MOST IN US WON'T BE ABLETO ESCAPE 'FISCAL CLIFF'
Everyone who pays income tax - and some
who don't -will feel it. Page 6
WOMAN WHO DROVE ONSIDEWALK HOLDS 'IDIOT'
SIGNA woman caught on camera driving on a side-
walk to pass a Cleveland school bus.
Page 7
FISHERIES NATIONS SET TODISCUSS BLUEFIN TUNA
After defeating a proposal in 2010 to ban the
export of an endangered fish that is a key ingre-
dient of sushi, Japan and Asian nations argued it
should be left to quota-setting international
fisheries bodies to bring the species back from
the brink.. Page 8
SOMALIA NEWS WEBSITE ISRUN BY THE US MILITARY
The website's headlines trumpet al-Shabab's
imminent demise and describe an American
jihadist fretting over insurgent infighting.
Page 8 Continued on page 7
President Barack Obama, with Secretary of State Hillary Rodham Clinton atright, speaks about Libya in the Grand Foyer of the White House inWashington. Obama now has a freer hand to deal with a world of familiar prob-lems in fresh ways. That could mean tougher Iran and Syria policies, or newengagement toward countries such as Cuba and North Korea. He could alsorefocus on the moribund Middle East peace efforts. But a pressing task isassigning a new national security team. Clinton has announced her plans toretire and could stay a few weeks past January to help the administration asit reshuffles personnel.
2 Legal Street News Monday November 12, 2012
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JERUSALEM (AP) -- Israel is considering resuming its con-
tentious practice of assassinating militant leaders in the Hamas-
ruled Gaza Strip in an effort to halt intensified rocket attacks on
Israel's south, according to defense officials.
That Israel might renew a practice that brought it harsh inter-
national censure is evidence of the tight spot Prime Minister
Benjamin Netanyahu is in. With Israeli elections two months away,
rocket barrages from Gaza are disrupting the lives of 1 million res-
idents of southern Israel, pressuring the government to come up
with an effective response.
In the latest flare-up, Gaza militants have fired more than 100
rockets at Israel in recent days, triggering retaliatory Israeli
airstrikes that have killed six people in Gaza.
Some Israelis are demanding a harsh military move, perhaps a
repeat of Israel's bruising incursion into Gaza four years ago. Others
believe Israel should target Hamas leaders, a method it used to kill
dozens of militants nearly a decade ago.
Advocates say targeted killings are an effective deterrent with-
out the complications associated with a ground operation, chiefly
civilian and Israeli troop casualties. Proponents argue they also pre-
vent future attacks by removing their masterminds.
Critics say they invite retaliation by militants and encourage
them to try to assassinate Israeli leaders.
Defense officials, speaking on condition of anonymity to dis-
cuss confidential discussions, said the assassination of Hamas lead-
ers is shaping up as the preferred response to the stepped-up rocket
fire.
They have the backing of two former military chiefs with
experience in the matter.
Opposition lawmaker Shaul Mofaz served as military chief of
staff and defense minister when Israel began a wave of assassina-
tions against Hamas and other militant leaders in the early part of
the past decade. He and other former senior defense officials con-
tend these assassinations left the Hamas leadership in disarray and
put a halt to the rash of Hamas suicide bombings that killed hun-
dreds of Israelis.
"I'm in favor of targeted killings," Mofaz told Army Radio on
Monday. "It is a policy that led Hamas to understand, during the sui-
cide bombings, that they would pay the price should (the bombings)
continue."
Vice Premier Moshe Yaalon, chief of staff at the time targeted
killings surged, is convinced the practice worked.
"Clearly over these past 13 years there has been an ongoing
war, but there have also been extended periods of calm," Yaalon told
Army Radio on Monday. "When I was chief of staff, the targeted
killings against Hamas led to extended periods of quiet."
Hamas dismissed the threat of targeted killings as "psycholog-
ical warfare," and its political leaders were not in hiding. The
group's military commanders tend to keep a low profile anyway, for
fear of Israeli assassination attempts.
Hamas' prime minister, Ismail Haniyeh, visited a Gaza hospi-
tal on Tuesday and met with Palestinians wounded in the latest
fighting.
"Threats of assassination and killing do not scare us and will
not break our morale or our steadfastness," he told reporters.
Under Yaalon and Mofaz, Israeli aircraft struck at the com-
mander of Hamas' military wing, Salah Shehadeh, the movement's
spiritual leader, Sheik Ahmed Yassin, his successor, Abdel Aziz
Rantisi, and dozens of other senior Hamas military commanders.
Militants retaliated for some of the targeted attacks but even-
tually replaced the suicide bombings with years of rocket fire that
still sends Israeli civilians running for shelters.
Backlash from rights groups and governments was harsh,
especially after Shehadeh was killed in a bombing along with 14
other people, most of them children.
The policy of targeted killings, said Israeli opposition law-
maker Zehava Galon, "didn't prove itself. We killed, and there were
more attacks."
What Israel should do is reach a long-term truce agreement
with Hamas with the help of Egypt, said Galon, of the dovish
Meretz party. Egypt is now governed by the Muslim Brotherhood,
Hamas' parent movement.
Israel quelled much of the rocket fire with a devastating, three-
week war in Gaza in early 2009, but Hamas and other militant
groups in the seaside strip have been stocking their arsenals with
more and better weapons.
In recent months, they've been emboldened to escalate their
barrages. Since Saturday, more than 110 rockets and mortars have
struck southern Israel, according to the military's count.
Israeli Prime Minister Benjamin Netanyahu on Monday told
foreign ambassadors during a visit to Ashkelon, a southern city that
has been battered by Gaza rockets, that Israel would defend itself.
"I don't know of any of your governments who could accept
such a thing. I don't know of any of the citizens of your cities, who
could find that acceptable and something that could proceed on a
normal basis. I think the whole world understands that this is not
acceptable," Netanyahu said.
"We'll take whatever action is necessary to put a stop to this.
This is not merely our right, it's also our duty," he said.
The latest Israeli airstrikes have killed six Palestinians, includ-
ing four civilians, but the rocket attacks persist. Mediation efforts by
the United Nations and Egypt have been unsuccessful so far.
Some defense officials believe Hamas will not be so easily
subdued as before. Militants who once relied on crude rockets they
manufactured themselves can draw now on sophisticated rockets
and missiles smuggled in from Iran, Libya and other Mideast coun-
tries.
Lawmaker Amir Peretz, a former Israeli defense minister, con-
cludes that if Israel launched another incursion into Gaza, it would
have to stay there for at least six months and take control of civilian
installations and lives of the coastal strip's 1.6 million people.
Israel, which governed Gaza from 1967 until it withdrew
8,500 settlers and its soldiers in 2005, has other options before it
reaches that point, Peretz said.
"Targeted killings are definitely an effective policy," Peretz
said, adding that he supports the targeted killings of military leaders
like Hamas military wing commander Ahmed Jabari, but killing
political leaders Haniyeh may not be in Israel's interest.
"They'll find a replacement for Haniyeh very fast," he said.
"But a replacement for Jabari is very hard to find," he told Army
Radio.
C H I N A O P E N S P O W E R T R A N S F E RB Y K E E P I N G I T O F F - S T A G E
Street News Monday, November 12,2012 3
BEIJING (AP) -- China's ruling com-munists opened a pivotal congress toinitiate a power handover to newleaders Thursday with a nod to theirrevolutionary past and a broad prom-ise of cleaner government whilekeeping off-stage the main event -the bargaining over seats in the newleadership.
All the main players were arrayed onthe stage in the Great Hall of thePeople: President Hu Jintao, his suc-cessor Xi Jinping and a collection ofretired party insiders. A golden ham-mer and sickle, the CommunistParty's symbol, hung on the backwall. Yet in a nearly two-hour openingceremony, scant mention was madeof the transition or that in a week Huwill step down as party chief in favorof Xi in what would be only the sec-ond orderly transfer of power in 63years of communist rule.
The congress is writ small the stateof Chinese politics today. It's a largelyceremonial gathering of 2,200-plus delegates whomeet while the real deal-making is done behind-the-scenes by the true power-holders.
The centerpiece event of the opening of the week-long congress - a 90-minute speech by Hu - servedpolitics, allowing him to define his legacy after adecade in office, while marshaling his clout toinstall his allies in the collective leadership that Xiwill head.
"An important thing for him is to make sure thatthere's no critical, no negative summary judgmentof the past 10 years," said Ding Xueliang, aChinese politics expert at Hong Kong University ofScience and Technology. Still, Ding said, "90 per-cent of the effort is on putting your people in place."
The party's public silence on a leadership transitionthat everyone knows is taking place and that politi-cally minded Chinese have been talking about hasdeepened a palpable sense of public unease. ManyChinese feel the country is at a turning point, inneed of new ideas to deal with a slowing economy,growing piles of debt and rising public demands formore accountable, transparent government, if notdemocracy.
In signs of the public disquiet, at least four ethnicTibetans in western China set themselves on fireon the eve of the congress in protests againstChinese rule of Tibetan areas, according to over-seas Tibet support groups and the Tibetan govern-
ment-in-exile in India.
At dawn in Tiananmen Square, next to the con-gress venue, a woman in her 30s threw pieces oftorn paper into the air and shouted "bandits androbbers!" - a curse often leveled at corrupt localofficials. She was taken away by the securityforces, which have smothered all of Beijing for thecongress.
In his speech, Hu cited many of the challengesChina faces - a rich-poor gap, environmentallyruinous growth and imbalanced developmentbetween prosperous cities and a struggling country-side. Yet he offered little fresh thinking to addressthem and said restoring a relatively high growthwould be the best way to deal with public expecta-tions.
Only on tackling rampant corruption did Hu soundthe alarm. He called on party members to be ethi-cal and rein in their family members whose oftenshowy displays of wealth have stoked public anger.
"Nobody is above the law," Hu said to the applauseof the 2,309 delegates and invited guests, with Xiand other party notables on the dais behind him.He later said, "If we fail to handle this issue well, itcould prove fatal to the party, and even cause thecollapse of the party and the fall of the state."
Always an occasion for divisive bargaining, theleadership transition has been made more fraught
by scandals that have fueledalready high public cynicismthat Chinese leaders are moreconcerned with power andwealth than government.
In recent months, one topleader, Bo Xilai, has beenpurged after his wife murdereda British businessman; a topaide to Hu was sidelined afterhis son crashed a Ferrari heshouldn't have been able toafford and foreign mediareported that relatives of Xiand outgoing Premier WenJiabao had traded on theirproximity to power to amassvast fortunes.
Public image aside, the scan-dals have especially weak-ened Hu, on whose watchthey occurred, in the power-broking over the next leader-ship. In recent decades, theleadership line-ups have
sought to balance different factions within the party.Who has prevailed won't be apparent until nextThursday, a day after the congress, when the mem-bers of the Politburo Standing Committee appearbefore the media.
On stage with Hu appeared one of his nemeses,his predecessor Jiang Zemin, who has supportedXi and is angling to fill many of the seats in theleadership with his allies. Nearby, dressed in a Maojacket, sat 95-year-old Song Ping, a veteran of therevolution and party insider who was Hu's earliestpolitical mentor.
Hu drew the line on political reform, a catchphrasefor everything from greater transparency to democ-racy, even though retired party members, mediacommentators and government think tanks have inrecent months called it an urgent need.
Hu's signature policy - a grab-bag of ideas meantto promote more balanced growth and strongerparty rule that goes under the clunky phrase "theScientific Outlook on Development" - has alreadybeen adopted in the party constitution. Hu's reportto the congress called it "a powerful theoreticalweapon" to guide the party.
"Even though this congress is about rejuvenation,passing the power to the young, what we see is theopposite," said Willy Lam of Chinese University ofHong Kong.
Chinese President Hu Jintao addresses the opening session of the 18th CommunistParty Congress held at the Great Hall of the People in Beijing, China, Thursday, Nov.8, 2012. China's ruling Communist Party opened a congress Thursday to usher in anew group of younger leaders faced with the challenging tasks of righting a flaggingeconomy and meeting public calls for better government.
H O W S E L E C T I O N O F C H I N A ' S
N E W L E A D E R S H I P W O R K SChina's communist elite are meeting to installa new generation of leaders in a process thatis part public show and part backroom politick-ing.
At the center of the spectacle is theCommunist Party congress, a gathering heldonce every five years that is the 18th suchevent in the party's history. The congress ismore interlude than climax. Important deci-sions are made by current and retired leaders,some of whom are not even on the congressdelegates' roster, in bargaining that beganyears ago and has largely been alreadyresolved.
Here's a look at how it works:
THE DELEGATES
Selecting delegates to the congress beganmonths ago, with recommendations made bythe party's 82 million members, which are thenvetted, winnowed and voted on twice. In prac-tice, the selection is controlled by the party'spersonnel division, giving the leadership roomto make sure the powerful and their key pro-teges are included. President Hu Jintao, whowill retire as party general secretary, is a dele-gate from Jiangsu province, where he grew upbut has not lived for four decades. Most of the2,268 delegates are chosen to show that thecongress is broadly representative. Only theopinions of a small subset matter. One power-broker, retired President Jiang Zemin, is aspecially invited delegate, a sign of his contin-uing influence in the leadership bargaining.
THE CONGRESS
Held over seven days, the congress selectsthe Central Committee, the party's policy-set-ting body. The most recent committee had 370people, comprised of full members and non-voting alternates drawn from the upper eche-lons of the party, government and military. Thecongress also names the party's internalwatchdog agency. Though the powerful holdsway in determining the outcome, there isroom for dissent on the margins. Candidatesoutnumber seats by a tiny percentage. VicePresident Xi Jinping, who is expected toreplace Hu as party chief, barely made it intothe committee in 1997 in what was seen as a
Continued on page 7
4 Legal Street News Monday November 12, 2012
F L O R I D A A C C I D E N T S T A T I S T I C SData From the Official Website of the Florida Department of Highway Safety and Motor Vehicles. www.flhsmv.gov
Motorcyc l i s t s and Bicyc l i s t s In jured
HANDICAP PERMITS
Broke your leg? Had Surgery? A
new state law enables you to get a
90-day temporary permit to use
handicapped parking spaces.
The cost is $15.00 from county tagoffice locations, and the permit
hangs from the rear-view mirror soit will be clearly visible through the
windshield.
Applicants must have a physi-cian’s statement attesting to theirdisability. For more information,
visit or call your county tag office.
______________________________________Legal Street News Monday, November 12, 2012 5THIS WEEK
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Jacksonville man criticallyinjured when hit by Jeep in
Orlando
A Jacksonville man was critically injured Sundaywhen he was hit while standing at a traffic accidentscene in Orlando.Ken Samsudean Jr., 25, was standing at the acci-dent scene after his car struck another vehicleabout 2 a.m. when a third car hit him and two oth-ers, according to the Florida Highway Patrol.Investigators said Samsudean struck a car frombehind on Colonial Drive at Constantine Avenue.He and the other driver, Christopherr Lacasse, 25,of Winter Springs and a third driver who stopped,Ronald Dorsey, 32, of Orlando, were standing atthe scene when they were hit by a Jeep drivenby Eric Anderson, 28, of Orlando.The others received only minor injuries.Samsudean was taken to Orlando RegionalMedical Center, the Highway Patrol said.
November 6, 2012
A crash that closed all northbound lanes ofInterstate 95 in Jupiter for more than an hour hasbeen cleared, Florida Highway Patrol reports.
The driver in the wreck had to be cut out of hisvehicle, but did not suffer life-threatening injuries,Palm Beach County Fire Rescue spokesman Capt.Albert Borroto said. He was flown by Trauma Hawkto St. Mary’s Medical Center.
The wreck just north of Indiantown Road hap-pened in the wake of an earlier traffic backup,according to FHP spokesman Lt. Tim Frith. Thatback up began around 10 a.m. when drivers calledin reports of a disabled vehicle on the roadside witha person, possibly a homeless person, underneath.Troopers stopped there to tell the person to move,Frith said.
About 10:15 a.m., as traffic was slowed north ofthat incident, a small vehicle ran into the back of aparked truck in the northbound lanes just north ofIndiantown, Borroto said. The patient had to be cutout of the vehicle due to heavy damage.
November 6, 2012
Crash clears; Interstate 95re-opened in Jupiter
November 8, 2012
November 8, 2012
Earlier crashes slow I-95near Broward Boulevard
Serious crash blocks I-4east in Lake Mary
Florida motorcycle crash
November 7, 2012
BROOKSVILLE, Fla. --- A former Waterloo residentdied following a motorcycle crash in Florida whereshe had been living.According to the Florida Highway Patrol, LuHaddeman, 72 and recently of Largo, Fla., was apassenger on a BMW motorcycle that was involvedin an accident with a car Sunday evening.Paramedics took Haddeman to Bayonet PointHospital, where she died. The man who was drivingthe motorcycle, 75-year-old George Tacott ofClearwater, was also treated at the hospital for seri-ous injuries.
November 6, 2012
Delays were easing on both sides of Interstate
95 near Broward Boulevard following crashes earli-
er Tuesday morning that delayed traffic in both the
north and southbound directions.
By 8:40 a.m., vehicles involved in the earlier
crashes were cleared from the travel lanes but resid-
ual and volume-related delays were persisting.
Other crashes and incidents being reported on
area roadways on Tuesday by the Florida Highway
Patrol and Florida Department of Transportation
include:
8:38 a.m., hit-and-run crash on southbound I-95
near Broward Boulevard;
8:34 a.m., crash on northbound I-95 approach-
ing Sample Road causing delays back to Sample
Road;
7:57 a.m., crash on southbound I-95 near
Broward Boulevard, blocking a right lane.
Traffic caused by construction and debris in theroad may delay Monday morning commuters inMiami-Dade and Broward counties.
In Miami-Dade:• A crash on the southbound Interstate 95 expresslane flyover is now clear.• A crash on Northwest 57th Avenue andNorthwest 202nd Street is causing a roadblock atthe intersection.• A crash on Southwest 40th Street and Southwest57th Avenue is causing no roadblock.• Roadway debris on westbound State Road 836and southbound State Road 826 is blocking thecenter lane.• A crash with injuries on eastbound State Road836 and Northwest 57th Avenue is blocking the leftlane.A crash on southbound Interstate 95 and theRickenbacker Causeway is causing no roadblock.• A crash on westbound Bird Road and Southwest97th Avenue is blocking the right lane.
In Broward:• A large tarp on northbound Interstate 95 andOakland Park Boulevard is blocking the left lane.
Traffic alert: Crashes,debris in Miami-Dade,
Broward may slow drivers
On Interstate 4, a medical chopper blocked theeastbound lanes after a serious crash near the StateRoad 417 exit ramp in Lake Mary. Further details onthe crash were not immediately available.
Wet roads make for a slip-pery South Florida
commute
Delray Beach Fire-Rescue sent along this image ofa rollover crash during which a black pickup trucklanded on its roof.
Two occupants were removed from the truck andtaken to Delray Medical Center with injuries thatwere not life-threatening, agency spokesman Capt.Curtis Jepsen said.
Boca Raton Fire-Rescue also responded to thecrash that happened on a rainy morning on thesouthbound lanes of I-95 north of the CongressAvenue exit.
Pedestrian dies whilecrossing I-95 in Fort
Lauderdale
I-95 in Delray Beach,Wednesday, 8 a.m.
FORT LAUDERDALE—The Florida Highway Patrol is attempting to notifyrelatives of a pedestrian who died in an early morn-ing crash Wednesday on I-95 in Fort Lauderdale.
The male victim was struck when he tried to crossthe northbound lanes of the Interstate near DavieBoulevard at around 3 a.m. and died at the scene,Florida Highway Patrol Sgt. Mark Wysocky saidThursday.
November 9, 2012
Rain showers passing over South Florida have leftarea roadways wet and slippery. A series of pre-dawn crashes have already been cleared. Amongthem, according to the Florida Highway Patrol,was a pedestrian fatality reported shortly after 3:15a.m. along I-95 through Fort Lauderdale.
Other crashes and incidents being reported by FHPand Florida's Department of Transportation,include:
Crash westbound I-595 west of University Drive inDavie, partially blocking a right lane.
Crash on eastbound I-595 near University Drive inDavie, no travel lanes blocked;
8:06 a.m., crash southbound I-95 after YamatoRoad in Boca Raton, no travel lanes blocked;
8:04 a.m., injury crash southbound I-95 afterCongress Avenue in Boca Raton, blocking a leftlane with southbound traffic backed up until AtlanticAvenue.
November 12, 2012
November 10, 2012
reduction in their paycheck in the firstpay period of 2013," Vitner noted.
An additional 20 percent of the taxincrease would come from the end ofabout 80 tax breaks, mostly for busi-nesses. One is a tax credit for researchand development. Another lets compa-nies deduct from their income half thecost of large equipment or machinery.
Mark Bakko, a Minneapolisaccountant, says many mid-size com-panies he advises are holding off onequipment purchases or hiring until thefate of those tax breaks becomes clear.Bakko noted that the research anddevelopment credit typically lets acompany that hired an engineer at a$100,000 salary cut its tax bill by$10,000. The credit has been routinelyextended since the 1980s.
The rest of the tax increase wouldcome mainly from the alternative mini-
mum tax, or AMT. It would hit 30 million Americans,up from 4 million now.
The costly AMT was designed to prevent richpeople from exploiting loopholes and deductions toavoid any income tax. But the AMT wasn't indexedfor inflation, so it's increasingly threatened middle-income taxpayers. Congress has acted each year toprevent the AMT from hitting many more people.
Under the fiscal cliff, households in the lowest 20percent of earners would pay an average of $412more, the Tax Policy Center calculates. The top 20percent would pay an average $14,000 more, the top1 percent $121,000 more.
All this would lead many consumers to spendless. Anticipating reduced sales and profits, busi-nesses would likely cut jobs. Others would delay hir-ing.
Another part of the cliff is a package of across-the-board spending cuts to defense and domesticprograms - cuts the CBO says would total about $85billion. Congress and the Obama administrationagreed last year that these cuts would kick in if acongressional panel couldn't agree on a deficit-reduction plan. The magnitude of the cuts wasintended to force agreement. It didn't.
Defense spending would shrink 10 percent.Defense Secretary Leon Panetta has said those cutswould cause temporary job losses among civilianPentagon employees and major defense contrac-tors. Spending on weapons programs would be cut.
For domestic programs, like highway funding,aid to state and local governments and healthresearch, spending would drop about 8 percent.Education grants to states and localities; the FBI andother law enforcement; environmental protection;and air traffic controllers, among others, would alsobe affected, the White House says.
Hospitals and doctors' offices could also cut jobsif an $11 billion cut in Medicare payments isn'treversed.
Extended unemployment benefits for about 2million people would end. The extra benefits provideup to 73 weeks of aid.
"It would be nice if we could ... address theseissues before the very last moment," said DonaldMarron, the Tax Policy Center's director.
6 Legal Street News Monday November 5, 2012________________________________________________________
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WASHINGTON (AP) -- Everyonewho pays income tax - and somewho don't -will feel it.
So will doctors who acceptMedicare, people who get unemploy-ment aid, defense contractors, airtraffic controllers, national parkrangers and companies that doresearch and development.
The package of tax increasesand spending cuts known as the "fis-cal cliff" takes effect in Januaryunless Congress passes a budgetdeal by then. The economy would behit so hard that it would likely sinkinto recession in the first half of 2013,economists say.
And no matter who you are, it willbe all but impossible to avoid thepain.
Middle income families wouldhave to pay an average of about $2,000 more nextyear, the nonpartisan Tax Policy Center has calculat-ed.
Up to 3.4 million jobs would be lost, theCongressional Budget Office estimates. The unem-ployment rate would reach 9.1 percent from the cur-rent 7.9 percent. Stocks could plunge. The nonparti-san CBO estimates the total cost of the cliff in 2013at $671 billion.
Collectively, the tax increases would be thesteepest to hit Americans in 60 years when meas-ured as a percentage of the economy.
"There would be a huge shock effect to the U.S.economy," says Mark Vitner, an economist at WellsFargo.
Most of the damage - roughly two-thirds - wouldcome from the tax increases. But the spending cutswould cause pain, too.
The bleak scenario could push the White Houseand Congress to reach a deal before year's end. OnTuesday, Congress returns for a post-election ses-sion that could last through Dec. 31. At a minimum,analysts say some temporary compromise might bereached, allowing a final deal to be cut early nextyear.
Still, uncertainty about a final deal could causemany companies to further delay hiring and spendless. Already, many U.S. companies say anxietyabout the fiscal cliff has led them to put off plans toexpand or hire.
A breakdown in negotiations could also igniteturmoil in financial markets, Vitner said. It couldresemble the 700-point fall in the Dow Jones indus-trial average in 2008 after the House initially rejectedthe $700 billion bailout of major banks.
Since President Barack Obama's re-election,nervous investors have sold stocks. The Standard &
Poor's 500 index sank 2.3 percent last week, itsworst weekly drop since June. The sell-off resulted inpart from anxiety over higher tax rates on investmentgains once the fiscal cliff kicks in.
Last week, Obama said he was open to compro-mise with Republican leaders. But the White Housesaid he would veto any bill that would extend tax cutson income above $250,000.
Republican House Speaker John Boehner coun-tered that higher tax rates on upper-incomeAmericans would slow job growth. Boehner arguedthat any deal must reduce tax rates, eliminate spe-cial-interest loopholes and rein in government bene-fits.
More than 50 percent of the tax increases wouldcome from the expiration of tax cuts approved in2001 and 2003 and from additional tax cuts in a 2009economic stimulus law.
The first set of tax cuts reduced rates on income,investment gains, dividends and estates. They alsoboosted tax credits for families with children.Deductions for married couples also rose. The 2009measure increased tax credits for low-income earn-ers and college students.
About 20 percent of the tax increase would comefrom the expiration of a Social Security tax cut enact-ed in 2010. This change would cost someone mak-ing $50,000 about $1,000 a year, or nearly $20 aweek, and a household with two high-paid workersup to $4,500, or nearly $87 a week.
The end of the Social Security tax cut isn't tech-nically among the changes triggered by the fiscalcliff. But because it expires at the same time, it'sincluded in most calculations of the fiscal cliff'seffects.
And it could catch many people by surprise.
"Every worker in America is going to see a
M O S T I N U S W O N ' T B E A B L E
T O E S C A P E ' F I S C A L C L I F F '
www.veteransvoice.org
Jackie Doyle, of Greenwood Lake, N.Y., second from left, waits in line to mail her husband's taxes at the James A.Farley Main Post Office in New York. The package of tax increases and spending cuts known as the “fiscal cliff” takeseffect on January 1, 2013, unless Congress passes a budget deal by then. The economy would be hit so hard that itwould likely sink into recession in the first half of 2013, economists say.
_____________________________________________________Legal Street News Monday, November 12, 2012 7
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Minister Benjamin Netanyahu could also compli-cate the process.
With Iran, the president is holding out hopethat crippling economic sanctions will force theIslamic republic's leaders to scale back its urani-um enrichment activity. Iran insists its program isdesigned for energy and medical research pur-poses, even as many in the West fear the ultimategoal is to produce nuclear weapons. Obama hasstressed the narrowing time frame for Tehran tonegotiate a peaceful solution to the standoff, whilepressing Israel to hold off on any plans for a pre-emptive strike.
Officials say the administration is likely toadjust its two-track approach to Iran - which offersTehran rewards for coming clean on its nuclearprogram and harsher penalties for continued defi-ance - in the coming weeks. Details are still beingdebated. In the end, however, Obama may haveto resort to a military strategy if Irancontinues to enrich uranium at higher levels andnears production of weapons-grade material - apossible scenario he acknowledges.
"The clock is ticking. We're not going to allowIran to perpetually engage in negotiations thatlead nowhere," Obama said in his last foreign pol-icy debate with Republican presidential candidateMitt Romney. "We have a sense of when theywould get breakout capacity, which means that wewould not be able to intervene in time to stop theirnuclear program."
Syria's widening conflict is another concern.More than 36,000 people have died in the last 20months, as a brutal crackdown on dissent byPresident Bashar Assad's regime has descendedinto a full-scale civil war. Obama has demandedAssad's departure, yet has ruled out militaryassistance to the rebels or American militaryactions such as airstrikes or enforcing a no-flyzone over Syria.
Last week, in a significant shift in policy, thesecretary of state demanded a major shakeup in
vote against nepotism. His father was a patri-arch of the revolution. This time rank-and-filedelegates have been told to "maintain unity"with the leadership.
THE LEADERSHIP
After the congress ends, the CentralCommittee meets to select a Politburo, roughly25 members, and from that group, thePolitburo Standing Committee, the apex ofpower. The current standing committee hasnine members, though party-connected aca-demics say that may be whittled to seven thistime. Two members are considered shoo-ins:Xi and Vice Premier Li Keqiang, who isexpected to be named premier. The CentralCommittee also appoints the party commissionthat oversees the military. A critical question is
HOW CHINA W O R K S
O B A M A 2 N D T E R Mthe opposition's ranks in the hopes of rallyingSyrians behind the rebellion. However, Clinton'sspokeswoman, Victoria Nuland, reiteratedWednesday the administration still rejects thenotion of providing weapons to anti-Assad fightersor any talk of armed intervention.
In other places, Obama's engagement effortsmay get another look. After some success with arapidly liberalizing Myanmar, there are hopes fordemocratic reforms and human rights advances inCuba and North Korea, among others.
But short of a rapid change in attitude fromthese governments, Obama's options for a land-mark breakthrough in U.S. diplomacy are limited.He won't be able to reach out to Havana until itfrees the jailed U.S. contractor Alan Gross, whilePyongyang will have to denuclearize if it wantsbetter relations with America - steps neitherregime has shown a willingness to entertain. Therecent re-election of Venezuelan President HugoChavez has halted chances for now of any rap-prochement between Washington and Caracas.
In Afghanistan, the president will seek to stickto NATO's 2014 withdrawal date for most interna-tional troops, a central campaign promise. Hisadministration has been trying unsuccessfully tojump-start peace negotiations between PresidentHamid Karzai's Western-backed government andthe Taliban. The so-called reconciliation effortrelies heavily on America's frustrating and unreli-able ally Pakistan, where extremist groups suchas al-Qaida and the Haqqani network will contin-ue to face U.S. drone attacks.
Behind all the diplomatic efforts are largerquestions of American geopolitical strategy.Obama had initial success improving U.S. rela-tions with Russia, getting a nuclear arms-reduc-tion pact in 2011, but has since seen America'sformer Cold War foe frustrate U.S. missiledefense plans and hopes of an international con-sensus on Syria. The president has continued totrumpet the benefits of his Russia "reset" policybut may take a firmer stance against Moscow if itrefuses to show compromise.
For economic reasons, China policy is lesslikely to change. The world's two biggesteconomies are deeply interdependent and,despite lingering disagreements over Beijing'scurrency exchange rates and intellectual propertyinfringement, neither side will want to do anythingthat threatens a trade war and jeopardizesChina's booming growth or America's still-fragilejobs recovery.
Continued from page 3
W O M A N W H O D R O V E O N
SIDEWALK HOLDS 'IDIOT' SIGN
Continued from page 1whether Hu will stay as military commissionhead. His predecessor, Jiang, did so, hangingon for more than two years and casting ashadow over Hu's efforts to consolidate power.
THE BACKSTORY
Choosing the new leaders involves fractiousbargaining that attempts to balance out fac-tions and interest groups in the party. Two ofthe presumed next leaders, Xi and Li, wereanointed five years ago, inducted into Hu'sleadership to provide continuity. Xi is seen asex-president Jiang's man; Li as Hu's. Decidingthe rest of the lineup has seen unexpectedlysharp-elbowed jostling this year. Bo Xilai, apopulist politician seen as a rising star, wascashiered after an aide disclosed that his wifemurdered a British businessman. He awaitsprosecution, and deciding his fate divided theleadership. A Hu ally was also sidelined afterhis son died in a Ferrari crash, weakening Hu.How weak will be apparent by counting hisallies in the new leadership.
HIDDEN RULES
China, like most communist governments, hasa history of violent, unpredictable leadershipsuccessions. One of revolutionary leader MaoZedong's named successors died in analleged failed coup. Party leaders have institut-ed informal age and term limits to smooth outpower transfers. Party chiefs are limited to twofive-year terms, while senior leaders 68 yearsor older at the time of a congress are consid-ered too old to serve in a new leadership.Jiang's stepping aside for Hu in 2002 was thefirst orderly succession since the party cameto power in 1949.
CLEVELAND (AP) -- A woman caught oncamera driving on a sidewalk to pass aCleveland school bus that was unloadingchildren stood in the cold at an intersectionholding a sign warning people about idiots.
A Cleveland Municipal Court judge ordered32-year-old Shena Hardin to serve thehighly public sentence for one hourTuesday and Wednesday. She arrivedbundled up against the 34-degree cold,puffing a cigarette, wearing head phonesand avoiding comment as passing vehicleshonked.
Satellite TV trucks were on hand to streamthe event live near downtown Cleveland.
The sign read: "Only an idiot would driveon the sidewalk to avoid a school bus."
Hardin's license was suspended for 30days and she was ordered to pay $250 incourt costs.
Shena Hardin walks back to her car after holding up a sign to serve ahighly public sentence Tuesday, Nov. 13, 2012, in Cleveland, for drivingon a sidewalk to avoid a Cleveland school bus that was unloading chil-dren. A Cleveland Municipal Court judge ordered 32-year-old Hardin toserve the highly public sentence for one hour Tuesday and Wednesday
www.veteransvoice.org
DUBAI, United Arab Emirates (AP) --
After defeating a proposal in 2010 to ban
the export of an endangered fish that is a
key ingredient of sushi, Japan and Asian
nations argued it should be left to quota-
setting international fisheries bodies to
bring the species back from the brink.
Two years on, their strategy for
rebuilding stocks of Atlantic Bluefin tuna
appears to be working.
Thanks in part to a sharp reduction in
the amount of fish legally caught, the
bluefin population in the Atlantic is on the
rebound though "the magnitude and speed
of the increase vary considerably," accord-
ing to a stock assessment by scientists
released ahead of the annual International
Commission for the Conservation of
Atlantic Tunas which starts Monday in
Morocco.
"We have been working and campaigning on the
issue of bluefin tuna for 12 years so to finally see signs
of a recovery trend is good news", said Sergi Tudela,
head of the fisheries program at WWF Mediterranean.
"We need to see how the recovery trend progress-
es over time," he said. "In the meantime, we cannot
lower our guard, management efforts need to be main-
tained and even strengthened. Bluefin tuna fisheries
management will not become a success overnight."
Environmentalists are calling on the 48 nations in
ICCAT to endorse scientific recommendations to keep
the current quotas of 14,200 tons (12,900 metric tons)
a year intact for the next three years. They will also be
pushing for increased protection for other threatened
species, including shortfin mako and porbeagle sharks
as well as blue marlin and white marlin.
"This year is really a test year for ICCAT," said
Amanda Nickson, director of the Global Tuna
Conservation Campaign at the Pew Environment
Group.
"The stock assessment results seem to indicate
there may be the possibility of a glimmer of recovery
but it's so uncertain at the moment," she said. "This is
the first year where they will have to stick to science
even if does look like there is a bit of good news. So
it's important from our perspective we retain pressure
on governments at ICCAT to listen to that science. Our
key message is hold those quotas where they are."
Lax quotas at ICCAT and rampant overfishing -
much of it illegal - resulted in the stocks of bluefin
falling by 60 percent from 1997 to 2007. Amid fears
the fish was on the brink of extinction, environmental-
ists argued at the 175-nation Convention on
International Trade in Endangered Species, or CITES,
in 2010 that only a trading ban would protect the fish.
But the Japanese government and fishing industry
argued successfully that an outright trading ban was
too drastic a step, and that catch quotas set by ICCAT
should be more strictly enforced to protect the species.
Fishing nations from Asia, Africa, Latin America and
the Caribbean joined the call to shift the debate to
ICCAT, contending that any ban would damage their
fishing communities and that fears of the stock's col-
lapse were overstated. Japan is the world's largest
exporter of bluefin.
In November 2010, ICCAT cut the
annual global quota by 40 percent to
14,900 tons (13,500 metric tons) and since
then reduced it to 14,200 tons (12,900 met-
ric tons) a year later. There has also been
increased enforcement which has helped
reduce illegal fishing - though it remains a
problem - and the growth of farm-bred
tuna in Japan which has helped meet the
demand.
Most key fishing nations, including
Japan, have come out in support of the sci-
entific recommendation which if adhered
to would ensure the population recovers by
2022.
"We will support the findings of the
scientific committee," said Tsunehiro
Motooka, an official with Japan's Fisheries
Agency. "The measures to date that have
been taken have helped protect the resources and make
it feasible to increase catch quotas."
The United States, another key player at the nego-
tiations, has said it supports "the rebuilding and term
sustainable management of the western and eastern
Atlantic bluefin tuna stocks by adopting science-based
and precautionary conservation and management
measures that ensure continued stock growth."
But environmentalists also said it was too early to
celebrate.
For one thing, the European Union pressured by
fishing nations like Spain and Italy has left open the
possibility that it will push to increase quotas at the
ICCAT meeting to 14,900 tons (13,500 metric tons) -
something ICCAT scientist have said still would allow
the continued recovery of bluefin.
"We welcome the unprecedented rational and cau-
tious approach taken by EU Member States, but we
cannot help but fear the consequences of proposing
any increase in the bluefin quota," said Maria Jose
Cornax, a fisheries campaign manager for the environ-
mental group Oceana Europe. "To do so means open-
ing a Pandora's box, because it not only could fuel third
countries' calls for unsustainable quota increases, but it
could also jeopardize EU proposals for shark conser-
vation, which are often affected by bluefin political
discussions."
There is also the impact of the Arab Spring, with
Libya is demanding that its quota of 995 tons (903 met-
ric tons) be increased since the civil war disrupted fish-
ing last year. Algeria is also wants to increase its quota
compensate for an ICCAT decision that shifted some of
its quota to Libya several years ago.
Even if the current quota be endorsed at the
ICCAT meeting, environmentalist and ICCAT's scien-
tist acknowledge more has to be done to ensure the sur-
vival of Bluefin. They are calling for increased efforts
combating illegal fishing with greater enforcement,
reducing the numbers of boats allowed to fish and
improving the data collected especially from fish farms
to ensure the science is stronger when the next assess-
ment is done in 2015.
"None of these measures really add up unless they
are complied with and unless there is enforcement,"
said Susan Lieberman, deputy director of international
policy for Pew. "There is significant illegal fishing and
overfishing above the quotas in the Atlantic Ocean in
ICCAT. It is extremely important for the future of those
fisheries, for the future of fishing communities and for
those governments and fishing industries that illegal
fishing be stopped and that there be efforts ensured that
rules and regulations of ICCAT are good, but not only
good, but complied with."
8 Legal Street News Monday, November 5, 2012
F I S H E R I E S N A T I O N S S E T T O
D I S C U S S B L U E F I N T U N A
a local fisherman carries a tuna at a fishing port in Nachikatsuura, southwesternJapan. After defeating a proposal in 2010 to ban the export of an endangered fishthat is a key ingredient of sushi, Japan and Asian nations argued it should be left toquota-setting international fisheries bodies to bring the species back from the brink.
SOMALIA NEW S W EBSITE ISR U N B Y T H E U S M I L I TA R YNAIROBI, Kenya (AP) -- The website's headlines trumpetal-Shabab's imminent demise and describe an Americanjihadist fretting over insurgent infighting. At first glance itappears to be a sleek, Horn of Africa news site. But thesite - sabahionline.com - is run by the U.S. military.
The site, and another one like it that centers on north-west Africa, is part of a propaganda effort by the U.S.military's Africa Command aimed at countering extrem-ists in two of Africa's most dangerous regions - Somaliaand the Maghreb.
Omar Faruk Osman, the secretary general of theNational Union of Somali Journalists, said Sabahi is thefirst website he's seen devoted to countering the mili-tants' message.
"We have seen portal services by al-Shabab for hate andfor propaganda, for spreading violence. We are used toseeing that. In contrast we have not seen such newssites before. So it is something completely unique,"Osman said.
But although he had noticed prominent articles on thesite, which is advertising heavily on other websites, hehad not realized it was bankrolled by U.S. military.
The U.S. military and State Department, a partner on theproject, say the goal of the sites is to counter propagan-da from extremists "by offering accurate, balanced andforward-looking coverage of developments in the region."
"The Internet is a big place, and we are one of manywebsites out there. Our site aims to provide a moderatevoice in contrast to the numerous violent extremist web-
sites," Africom, as the Stuttgart, Germany-based AfricaCommand is known, said in a written statement.
Al-Shabab and other militants have for years used web-sites to trade bomb-making skills, to show off gruesomeattack videos and to recruit fighters. The U.S. fundedwebsites - which are available in languages like Swahili,Arabic and Somali - rely on freelance writers in theregion.
Recent headlines on sabahionline.com show a breadthof seemingly even-handed news. "Death toll in ambushon Kenyan police rises to 31," one headline said."Ugandan commander visits troops in Somalia," anotherreads.
Web ads for the site appear on occasion on mainstreamwebsites such as YouTube, and they show a clear anti-terror slant. Ads showing men on the ground blindfoldedor Somalia's best known American jihadi, OmarHammami, entice web users to click. They then access aheadline like: "Somalis reject al-Zawahiri's call for vio-lence," referring to the leader of al-Qaida.
The site, which launched in February, is slowly attractingreaders. The military said that Sabahi averages about4,000 unique visitors and up to 10,000 articles read perday. The site clearly says under the "About" section thatit is run by the U.S. military, but many readers may notgo to that link.
Abdirashid Hashi, a Somalia analyst for the InternationalCrisis Group, said he has read articles on Sabahi, mostlybecause of advertisements on other Somali websites, buthe also didn't realize it was funded by the U.S. He said