Thursday, January 31, 2013

FOXNews.com: Arkansas Senate passes ban on abortions if fetal heartbeat detected

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Arkansas Senate passes ban on abortions if fetal heartbeat detected
Feb 1st 2013, 04:21

LITTLE ROCK, Ark. –  The Arkansas Senate voted Thursday to prohibit most abortions if a heartbeat is detected, ignoring warnings from opponents that banning the procedure as early as six weeks into a pregnancy would invite lawsuits.

If enacted, the ban would be the most stringent in the nation. The Ohio House passed a similar ban in 2011, but it was sidelined in the Senate last year over concerns that it might be found unconstitutional. Democratic Gov. Mike Beebe told reporters Thursday that's the same concern that he's researching.

"I'm waiting on lawyers. I think that's the big concern right now -- does it run afoul of the Supreme Court or constitutional restrictions?" Beebe said. "That's the first thing we're looking at."

The Senate approved the new ban the same day that a House committee advanced two other abortion restrictions, part of a package of legislation anti-abortion groups believe are poised to become law now that Republicans control the state General Assembly.

The Senate approved the proposed "Arkansas Human Heartbeat Protection Act" by a 26-8 vote. The measure, which now heads to a House committee, requires a test to detect a fetal heartbeat before an abortion is performed. If one is detected, a woman could not have an abortion, except in cases of rape, incest and if a mother's life is in danger.

Similar legislation is also being considered in North Dakota and Mississippi. All have faced complaints from abortion rights groups that it runs afoul of the U.S. Supreme Court's 1973 Roe v. Wade ruling that legalized abortion up until viability, usually at 22 to 24 weeks.

"I'm asking you to stand up for life, and I believe when there is a heartbeat, based upon even the standard the Supreme Court has utilized, you cannot have a viable child without a heartbeat," Sen. Jason Rapert, the bill's sponsor, told lawmakers before they approved the legislation.

Five Democrats joined all 21 of the Senate's Republicans to vote for the restriction. Two Democratic lawmakers who spoke out against the bill said they believed it would be an invasion of women's rights to make decisions about their own health if the state enacted the ban.

"I don't want to go back to when women used kerosene and clothes hangers because they didn't have a choice," Sen. Linda Chesterfield, D-Little Rock, told lawmakers.

A day earlier, an attorney for the American Civil Liberties Union told a Senate panel that the group would sue the state if it enacted the new restriction. Opponents have also noted that the only way to detect a fetal heartbeat at six weeks is by using a vaginal probe.

"Can you imagine what kind of feeling that would cause when inserted into a woman?" Sen. Stephanie Flowers, D-Pine Bluff, asked Rapert on the Senate floor. Flowers voted against the bill.

"No," Rapert, R-Conway, replied.

The bill could go before the House Public Health Committee as early as next week, but its fate is uncertain. Democrats control 11 of the 20 seats on the panel, and Republicans only hold a 51 seat majority in the 100-member House.

Though the Legislature has considered abortion restrictions in recent years, most proposals haven't made it to the governor's desk under Democrat majorities. Beebe, however, has backed some abortion restrictions. He signed into law a proposal two years ago placing new regulations on the clinics that offer the abortion pill and in 2009 he signed legislation that mirrors a federal law banning late-term abortions.

Abortion rights advocates criticized the Senate for passing the legislation.

"This bill not only jeopardizes the health of all women who become pregnant in Arkansas, it's also unconstitutional," said Murry Newbern, lobbyist for Planned Parenthood of the Heartland. "It creates an undue burden for a woman seeking safe abortion and contradicts Roe v. Wade. "

The two other abortion restrictions that passed the House Public Health, Welfare and Labor Committee earlier Thursday including legislation that would ban most abortions starting at the twentieth week of a woman's pregnancy based on the disputed notion that a fetus is capable of feeling pain at that point. The measure provides for some exceptions involving the health of the mother but it does not exempt rape or incest.

The bill's sponsor, Rep. Andy Mayberry, R-Hensley, said that passing the legislation was a moral obligation. Mayberry's wife, Julie, testified about her experience carrying to term a child with a disability.

Lawmakers on the House committee also approved legislation, without any discussion, that would prohibit most abortion coverage offered by Arkansas insurers under part of the federal health care overhaul. That measure does include rape and incest exceptions. It was approved by a voice vote with some dissent.

Abortion opponents hailed the votes Thursday as their biggest gains in years in Arkansas.

"I think a lot of people are beginning to understand that the people of Arkansas by and large are pro-life and you're seeing that reflected in how people vote here," said Jerry Cox, president of the Arkansas Family Council.

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FOXNews.com: Lawmakers call for probe into 'botched' ATF sting in Milwaukee

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Lawmakers call for probe into 'botched' ATF sting in Milwaukee
Feb 1st 2013, 00:47

WASHINGTON –  Several members of Congress are calling for an investigation into an embarrassing series of blunders made by the Milwaukee arm of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives after a newspaper reported this week that the agency conducted a months-long undercover operation that cost taxpayers thousands of dollars and netted very few results.

"I am intent on getting to the bottom of the botched ATF sting in Milwaukee," Rep. Jim Sensenbrenner, R-Wis., told FoxNews.com Thursday night.

Sensenbrenner along with Sen. Charles Grassley, and Reps. Darrell Issa and Robert Goodlatte, have sent a letter to Acting ATF Director Todd Jones asking the agency to look into allegations reported in the Milwaukee Journal Sentinel. 

The newspaper claims that the agency conducted a deeply flawed sting operation that resulted in a still-missing machine gun being taken from an agent's car, thousands of taxpayer dollars being lost in merchandise and angry residents saying that ATF officials reintroduced crime into their neighborhood. The operation comes on the heels of the botched Operation Fast and Furious anti-gun trafficking program.

"The mismanaged operation included numerous careless and costly mistakes," Sensenbrenner told FoxNews.com in a written statement. "Along with my colleagues, I am asking the ATF what happened in Milwaukee and who will be held accountable. I want to know how these glaring blunders could happen. How did ATF—for the second time that we know of—put guns in the hands of dangerous criminals?"

According to the newspaper, the ATF created a phony storefront, named it Fearless Distributing, staffed it with undercover agents and created a Facebook page that lured people to the location all under the guise of selling clothes and shoes. The ATF agents handed out business cards with a logo similar to the one from the movie "The Expendables" with the words "buy, sell or trade" on them. Once the store was up and running, agents spread the word that Fearless Distributing was willing to buy guns and drugs.

Part of the problem, the newspaper alleges, is that agents spent taxpayer money to buy guns from people at twice the street value. One ATF agent paid more than $1,200 for a gun that usually sells for $400-$700.

Some say the most serious problem involves missing guns. On Sept. 13, 2012, three weapons – including an M-4 automatic rifle – were stolen from an agent's parked car. The very next day one of the weapons -- as well as another unrelated one -- were sold back to agents for $1,400. Still missing is the M-4 and Smith & Wesson 9mm.

"The Journal Sentinel story reads more like an accounting of the Keystone Cops instead of a federal law enforcement agency," Grassley, ranking member of the Senate Judiciary Committee, said in a statement. "I'll be asking the ATF questions because if the operation was handled as badly as it was reported, it puts yet another major stain on the agency."

The list of problems continues.

The owner of the property where the phony ATF shop was set up asked the ATF to pay him $15,000 in damages but the agency said no. The newspaper claims an attorney for the ATF bullied the owner and threatened to slap him with harassment charges if he continued to ask for reimbursement.

"If these reports are accurate, your ability to provide this leadership is in serious doubt," the letter from the congressional members to the acting head of the ATF said. "You promised to 'hit the reset button' when you became acting director. Instead, it appears as though you have hit the 'repeat' button, as the Fearless Distributing sting was created and conducted entirely under your stewardship.'"

An official at the ATF strongly refuted the paper's claims to FoxNews.com and said the operation resulted in 36 people being arrested. While admitting to making "some mistakes," the official said the agency takes issue with the accusations that agents corrupted the neighborhood, bullied the owner of the property and made other misguided decisions.

The official also called comparisons between the Milwaukee sting and Operation Fast and Furious –   the 2009 failed attempt to stem gun smuggling along the U.S.-Mexican border – unfair.  

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FOXNews.com: Despite court ruling, EPA raises biofuel estimate

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Despite court ruling, EPA raises biofuel estimate
Jan 31st 2013, 23:25

Days after a federal appeals court said the Obama administration is setting overly optimistic production quotas for the struggling biofuels industry, the government issued new standards Thursday that raise production estimates for 2013.

New standards announced by the Environmental Protection Agency require production of 14 million gallons of so-called cellulosic biofuels made from grasses and woody material. That's up from an 8.7 million-gallon requirement in 2012 -- when actual production was near zero.

An oil industry representative said the Obama administration was thumbing its nose at a ruling last week by the U.S. Court of Appeals for the District of Columbia. The court threw out the 2012 mandate for cellulosic biofuels, saying it was based on wishful thinking rather than accurate estimates for an industry the Obama administration wants to encourage. Administration officials have said that increased use of biofuels could lower greenhouse gas emissions that contribute to global warming, as well as lower U.S. dependence on foreign fuel.

"The court recognized the absurdity of fining companies for failing to use a nonexistent biofuel," said Bob Greco, director of downstream operations for the American Petroleum Institute, the principal lobbying group for the oil and gas industry.

Greco said he was astonished that EPA would nearly double the mandate for biofuel in 2013. "EPA needs a serious reality check," he said, calling the mandate a "stealth tax on gasoline" and an "egregious example of bad public policy."

EPA spokeswoman Julia Valentine said the agency believes the proposed standards "are a reasonable representation of expected production" of biofuels this year.

"This projection reflects EPA's current estimate of what will actually happen in 2013," she said, adding that EPA will consider public comments before setting the final cellulosic standard.

The biofuels mandate is part of a 2007 renewable fuels law that requires a certain amount of ethanol and other renewable fuels to be mixed in with gasoline each year. Despite annual EPA projections for millions of gallon of biofuels made from switchgrass, corn husks or wood pulp, little production has materialized.

According to final EPA estimates, no cellulosic fuel was produced in 2010 or 2011. Only about 25,000 gallons was produced last year.

Despite that track record, a spokesman for the renewable fuel industry called the 2013 mandate realistic, citing recent breakthroughs in which several long-delayed biofuel projects have come online.

Two companies, in Mississippi and Florida, have recently begun production of cellulosic biofuel, and dozens more are moving forward, including plants under construction in Iowa, Kansas and Michigan, said Bob Dineen, president of the Renewable Fuels Association.

Dineen said he understands skepticism from those who have seen promised production of biofuels fail to materialize, but said that after years of setbacks caused by the financial downturn and other issues, the industry is poised for a major breakthrough in 2013.

"The skeptics should go take a look at the plants" in Mississippi and Florida, he said. "They are in operation."

Dineen called the EPA's 14 million gallon estimate "conservative." If anything, production should exceed that level, he said, especially if a major project by Abengoa Bioengergy to convert crop residues into ethanol in southwest Kansas goes into operation this year as expected. The $550 million plant is expected to generate 75 megawatts of electricity and 15 million gallons of ethanol per year.

Dineen said the API and others in the oil industry were "desperately afraid" that biofuels will succeed and threaten the oil industry's dominance.

"They are trying to sow the seeds of doubt so people don't make investment in these future technologies and they can maintain their grip on the fuel pump," he said.

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FOXNews.com: Al Qaeda affiliate in Africa looking to strike more western targets, intelligence officials say

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Al Qaeda affiliate in Africa looking to strike more western targets, intelligence officials say
Jan 31st 2013, 21:34

With the U.S. military now planning a new drone base to track extremists in northern Mali, senior U.S. intelligence officials confirmed Thursday that the Al Qaeda affiliate in North Africa aspires to strike more U.S. and other western targets in the region. 

This includes "hardened" targets such as diplomatic and military facilities, as well as "soft" targets, such as American citizens working in North Africa. The warning follows the deadly terrorist strike on an Algeria gas plant in which dozens of hostages, including three Americans, were killed. 

Senior U.S. intelligence officials said that in the aftermath of the Algeria crisis, the intelligence suggests Al Qaeda in the Islamic Maghreb wants "to carry out more attacks against western interests."

Officials were careful to emphasize there was no evidence of active, credible plots. 

Senior U.S. intelligence officials also said they are "taking very seriously reports of two Canadians" participating in the Algeria hostage crisis because, if confirmed,  it would show extremists in the region were successfully attracting foreigners in the same way Afghanistan did before 9/11, and Iraq did after the fall of Saddam Hussein. 

In recent congressional hearings on the Sept. 11, 2012, Benghazi terrorist attack, Secretary of State Hillary Clinton seemed to underscore the intelligence community's assessment. 

"Yes, we now face a spreading jihadist threat. We have driven a lot of the (Al Qaeda) operatives out of ... Afghanistan, Pakistan. Killed a lot of them, including of course, bin Laden.  But we have to recognize this is a global movement," Clinton explained. 

Available intelligence leaves no doubt, according to senior U.S. intelligence officials, that Mokhtar Belmokhtar -- who seemed to split from Al Qaeda in North Africa in December when he set up his own group -- is the regional operative "most closely associated with the Al Qaeda global brand."   

Belmokhtar was characterized as "deeply involved in the planning" of the hostage crisis at the Amenas gas facility that left 38 workers dead earlier this month. 

While the attack is still being investigated, the Algerian operation suggested "weeks" of planning was involved, including reconnaissance and familiarity with the security footprint in the plant. 

At the same time Al Qaeda in North Africa seems to be gaining momentum, senior U.S. intelligence officials said that striking strong counterterrorism partnerships in the region is challenging -- as the U.S. is facing an arc of instability stretching from Somalia in the east to Mali in West Africa. The Arab Spring has toppled long-time allies, and sidelined or degraded the performance of regional intelligence agencies. In addition, Libya's loose weapons are said to be "fueling AQIM's capability." 

Unlike the tribal areas of Pakistan where the U.S. could partner with one nation, no matter how imperfect the relationship, Al Qaeda in the Islamic Maghreb is a regional player as its followers move seamlessly across Mali, Niger, Mauritania and Algeria. Each nation may be more concerned with the AQIM problem within its own borders, and less concerned with taking a broader, regional leadership role -- which would be critical to block the establishment of a regional safe haven. 

These nations also face challenges in corralling the resources to partner with the U.S. on counterterrorism. "There is not the same level of resources and (military) footprint where we can collect full intelligence ... so the intelligence picture is not as well developed," a senior U.S. intelligence official said. 

One of the most striking conclusions of the last four months, since the terrorist attack on the Benghazi consulate which killed four Americans, is the ability of Al Qaeda in North Africa and associated Islamist groups to pool resources. 

"There is a cross-fertilization, a cross-(pollination) between these affiliates, a willingness to share personnel, resources, ideas and tradecraft which serves as a multiplying effect," a senior U.S. intelligence officials said. 

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FOXNews.com: Biden says curbs on guns won't stop massacres

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Biden says curbs on guns won't stop massacres
Jan 31st 2013, 21:43

Published January 31, 2013

Associated Press

WASHINGTON –  Vice President Joe Biden says curbs on guns can reduce firearm deaths but won't ensure an end to mass killings like December's slaying of 20 first-graders in Newtown, Conn.

Biden met with Senate Democrats on Thursday to urge them to support the gun restrictions that President Barack Obama has proposed. They include bans on assault weapons and on high-capacity magazines for ammunition and requiring all gun buyers to undergo background checks.

After that session, Biden told reporters that the administration's plans would not eliminate the chances of another mass shooting, or bring gun deaths down to 1,000 yearly from the current 30,000 estimated by the Brady Campaign to End Gun Violence.

Biden said lives can be saved by curbing firearms without restricting the right to bear arms.

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FOXNews.com: Sen. Lindsey Graham calls on Obama to speak up for American pastor jailed in Iran

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Sen. Lindsey Graham calls on Obama to speak up for American pastor jailed in Iran
Jan 31st 2013, 16:13

A powerful lawmaker called on President Obama to "personally add your voice" to the effort to get a Christian pastor who is an American citizen freed from an Iranian prison where he's been sentenced to eight years for practicing his faith.

Sen. Lindsey Graham, (R-S.C.), made the appeal in a letter to the president, calling on Obama to take up the cause of Saeed Abedini, a 32-year-old married father of two. Abedini left his home in Boise, Idaho, last summer to go back to his homeland to help build an orphanage, according to his supporters. He was arrested and imprisoned on charges of compromising national security, charges that appear to date back to his 2000 conversion from Islam to Christianity and subsequent evangelizing before moving to the U.S.

"It is imperative that you personally add your voice to those calling for Pastor Abedini's immediate and unconditional release."

- Sen. Lindsey Graham, (R-S.C.), in letter to President Obama

"While I fully recognize the myriad national security issues posed by the fanatical theocracy in Tehran, I believe the case of Pastor Abedini deserves your full attention and engagement," Graham, who sits on the Senate Subcommittee on Human Rights and the Law, said in the letter. "To this end, it is imperative that you personally add your voice to those calling for Pastor Abedini's immediate and unconditional release.

"There is no better symbol of American values, specifically freedom of religion, or demonstration of loyalty to the welfare of our citizens abroad than vocal and sustained support directly from the President of the United States," the letter continued.

The White House did not respond immediately to a request for comment. Earlier this week, White House press secretary Jay Carney did raise the issue after taking a question about it at a press briefing.

"We condemn Iran's continued violation of the universal right of freedom of religion, and we call on the Iranian authorities to release Mr. Abedini," Carney said.

Jordan Sekulow, executive director of the American Center for Law and Justice, which has advocated on Abedini's behalf, called Graham's letter significant.:

"Sen. Graham's letter is important because it's the first request that we are aware of made from a member of Congress to urge the president to become directly and personally involved in this case," Sekulow said. "With a U.S. citizen facing eight years in one of the most deadly prisons in Iran -- simply because of his religious beliefs -- Sen. Graham is absolutely correct in his assessment that President Obama must fully engage this case and personally call for Pastor Saeed's release."

Earlier this week, newly confirmed Secretary of State John Kerry also called for Abedini's release, after receiving a letter from Graham's Senate colleague, Marco Rubio, (R-Fla.), asking if he would press the case for freeing Abedini from the notorious Evin prison.

"We remain deeply concerned about the fairness and transparency of Mr. Abedini's trial. I, along with the U.S. government, condemn Iran's continued violation of the universal right of freedom of religion and call on the Iranian authorities to respect Mr. Abedini's human rights and release him," Kerry wrote in response to Rubio.

It is not clear what the Obama administration can do to try and secure Abedini's freedom, given that the U.S. has not had diplomatic relations with Iran since the 1979 revolution in which 52 Americans were held hostage for 444 days at the U.S. Embassy. But supporters of Abedini say the Obama administration, and particularly outgoing Secretary of State Hillary Clinton, have not been vocal enough in denouncing his imprisonment.

The exact crimes Abedini is accused of only became public last week, when the prosecutor formally charged him with "attempting to undermine state security by creating a network of Christian churches in private homes." Supporters of Abedini believe the charges stem from his 2000 conversion to Christianity and his involvement several years ago with house churches in Iran.

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FOXNews.com: Republicans threaten to subpoena IRS over expanded ObamaCare subsidies

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Republicans threaten to subpoena IRS over expanded ObamaCare subsidies
Jan 31st 2013, 18:39

Republican lawmakers are threatening to subpoena Internal Revenue Service documents over claims that the administration improperly expanded the availability of subsidies under the federal health care overhaul. 

IRS representatives say the agency has been cooperative. But in a Jan. 29 letter, Reps. Darrell Issa, R-Calif., and Dave Camp, R-Mich., called for "unredacted" documents to be submitted by Feb. 5. 

Their concern stems from an IRS decision in May 2012 to extend ObamaCare subsidies to people enrolled in federal government-run exchanges. 

The Republicans have claimed that the law permits subsidies only for those enrolled in state-run exchanges -- or marketplaces where tightly regulated insurance plans will be sold starting next year. Because many states have so far refused to set up the exchanges, allowing subsidies in those states is a decision likely to cost billions. 

The Republicans claim the IRS had "no authority" to make the decision. Further, Issa says he's asked the IRS for documents four separate times relating to how the government is crafting the law but has been ignored. 

Issa's office has sent letters to outgoing Treasury Secretary Timothy Geithner, Acting Treasury Secretary Neal Wolin and Acting IRS Commissioner Steve Miller. In the letters -- which started being sent last August -- two House committees requested all legal analyses by the IRS which authorizes the agency to grant premium-assistance tax credits in federal exchanges. They also want all documents and correspondence between the IRS and White House employees or any other federal agency referring to or relating to the IRS rule. 

The Patient Protection and Affordable Care Act is expected to extend health coverage to more than 30 million Americans. Opponents have complained about compliance costs and accused the government of delaying the release of vital details and rules needed to move forward on the exchanges. 

The Treasury Department, though, is defending its decision. An October 2012 letter said the government is allowed to provide subsidies to "individuals who enroll in coverage through either a state-run or a federally-facilitated exchange." The department said nothing in the law suggests "Congress intended ... to limit the availability of the tax credit." 

The Treasury Department further told FoxNews.com that they have responded to requests and provided the October 2012 letter that seemed to answer many of the questions asked. The department also said it's had numerous conversations with Issa's office on the issue. The letter stops short of providing final wording on the law because it is subject to ongoing litigation in federal court. 

On Sept. 19, 2012, Oklahoma's attorney general amended an existing civil lawsuit challenging the Treasury Department's regulations. The suit challenges the IRS' attempt to impose penalties on employers and individuals for not providing or obtaining insurance. The  suit claims the law doesn't allow for penalties in states, like Oklahoma, that don't set up state exchanges. 

"We disagree strongly with these claims, and we intend to defend the lawsuit vigorously," Alastair Fitzpayner, Assistant Secretary for Legislative Affairs wrote in his letter to Issa.   

The next step, Issa's office says, will be issuing a subpoena for the documents if his office does not receive what it wants.

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FOXNews.com: Panetta expected to testify on Libya after senator threatens to hold up nomination

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Panetta expected to testify on Libya after senator threatens to hold up nomination
Jan 31st 2013, 17:39

Defense Secretary Leon Panetta is expected to testify at an upcoming Senate hearing on the Libya terror attack, a source tells Fox News -- after Republican Sen. Lindsey Graham threatened to hold up Chuck Hagel's confirmation to replace Panetta over the issue. 

At the start of Hagel's confirmation hearing Thursday, Senate Armed Services Committee Chairman Carl Levin, D-Mich., announced that the panel would hold a hearing on Benghazi next month. He did not specify whether Panetta would testify, but a committee aide told Fox News he is expected to. 

Another aide said Graham is "happy as a clam" that his condition was met. 

Graham has been among the most vocal and persistent Republican lawmakers in calling for answers about the Sept. 11, 2012, attacks on a U.S. outpost that killed four Americans, including a U.S. ambassador. 

"I'm going to block Hagel from going forward until (Panetta) does," the South Carolina senator said Monday night on Fox News. "Why would we not want to understand what happened during the attack?" 

Graham and other Republican lawmakers continue to seek answers about the incident -- after seeing a State Department report on the attack and questioning Secretary of State Hillary Clinton for roughly 10 hours during open Capitol Hill testimony. 

Graham has also been highly critical of Hagel. 

Hagel, a former Nebraska Republican senator, was nominated by President Obama and faced tough questions during the Senate confirmation hearing about his positions on Iran and Israel. 

Graham said his decision on Hagel will depend on what he says during the hearings in the Democrat-controlled Senate, "but the one thing I'm not going to do is vote on a new secretary of Defense until the old secretary of Defense, Leon Panetta, whom I like very much, testifies." 

Among Graham's lingering questions are what happened during the seven-hour attack on the Benghazi outpost and what was Obama's response. 

Fox News' Mike Emanuel contributed to this report. 

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FOXNews.com: Left Shrugs Off Foreign Policy

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Left Shrugs Off Foreign Policy
Jan 31st 2013, 15:12

"My objections to the war in Iraq were not simply a speech. I was in the midst of a U.S. Senate campaign. It was a high-stakes campaign. I was one of the most vocal opponents of the war."

-- Then-Sen. Barack Obama talking to National Public Radio in the midst of his 2008 presidential primary campaign about an anti-Iraq War speech he gave in 2002.

President Obama has begun his second term as a liberal crusader, pushing on a host of issues dear to his political base: gay marriage, amnesty for illegal immigrants, gun control and global warming.

The left thrills to the newly pugnacious re-elected president and his scorched-earth approach for dealing with Republicans in Congress. Legs are tingling all over the place.

But on the issue that animated and organized the American left as we know it today – war against Islamist militants – liberals are striking out.

Obama's nominee to be secretary of defense, former Republican Sen. Chuck Hagel, goes to the Hill today to face what will likely be "contentious" but inconsequential questioning from senators.

As we saw with the "contentious" questioning of Secretary of State Hillary Clinton, such questions are usually about the questioner and his or her desired soundbites, not the person supposedly on the hot seat.

Republicans will likely bluff and bluster about Hagel's views in favor of a smaller military and his opposition to military interventions. Senators of both parties will express misgivings about Hagel's comments that suggested U.S. foreign policy was in the thrall of the "Jewish lobby."

But less ground will be covered on the question that in the Bush era would have likely dominated any such hearings. What about the detainment of "enemy combatants?" What about the treatment of prisoners? And, most of all, what about Obama's ever-expanding, remote-controlled global drone war?

The president gave no attention in his second inaugural address to the issue of the ongoing war with Islamist militants. That's odd because there would be no second inaugural or even a first one if it weren't for liberal activism on that subject.

Obama defeated Hillary Clinton in 2008 for many reasons – better organization, better messaging, better appeal to the liberal grassroots, better online presence – but nothing loomed so large as the Iraq war. In their "60 Minutes" love-in, Obama and Clinton claimed they struggled to find points of disagreement during the campaign. But the truth is that that was never a problem, especially as it related to foreign policy.

Obama has not only been a mega-interventionist overseas, he has also undertaken an unprecedented drone war.

Candidate Obama spent months in the general election reeling back left-liberal proclamations he made in his campaign against Clinton, but in order to win the Democratic nomination he knew that he had to tap into the same anti-war activist core that had propelled former Vermont Gov. Howard Dean in 2004.

Liberals can be happy that U.S. troops are out of Iraq (just slightly ahead of George W. Bush's schedule) and it may also cheer them that the staunchest Republican opponent of the 2007 Iraq surge is now Obama's man for the Pentagon. And they may also be happy to know that the long, painful retreat from Afghanistan remains underway.

But Obama has been unable to close the prison at Guantanamo Bay, what he repeatedly claimed was the "number one" recruiting tool for terrorists. He can chalk that up to bipartisan opposition in Congress.

But what about the rest?

Obama has not only been a mega-interventionist overseas, he has also undertaken an unprecedented drone war. Imagine how candidate Obama would have howled about George W. Bush keeping a kill list of terrorists or launching air strikes in foreign lands without approval from Congress or the nations where the attacks are occurring.

There may be some gurgling on the left about how the CIA has become Obama's shadow, remote controlled air force. There may be some earnest pining by Democratic senators for a "humbler" foreign policy. But it will amount to very little.

On the issues that created Obama as we know him and reinvigorated a still-ascendant American left, though, the home team will leave their bats on their shoulders.

And Now, A Word From Charles

"So it's really ridiculous.  The administration has been in charge of this economy for four years.  The amount of stimulus for weak recovery is shocking.  Fiscally, it's $1 trillion a year.  We have never had that in stimulus deficit spending.  And on the monetary side, from the Fed, they are printing money at a wild rate.  So, you've got all the -- you know, the accelerator to the floor in every aspect and you still get the worst recovery."

-- Charles Krauthammer on "Special Report with Bret Baier."


Chris Stirewalt is digital politics editor for Fox News, and his POWER PLAY column appears Monday-Friday on FoxNews.com. Catch Chris Live online daily at 11:30amET  at  http:live.foxnews.com.

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FOXNews.com: Obama's jobs council shutting down Thursday

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Obama's jobs council shutting down Thursday
Jan 31st 2013, 15:03

Published January 31, 2013

Associated Press

WASHINGTON –  Unemployment remains problematical, but that isn't stopping the White House jobs council from shutting down.

President Obama created it in 2011 and filled it with prominent business leaders and economists. Its authority runs out Thursday, and the White House says it's not renewing the panel.

Instead, a White House official says the administration will focus on new ways to engage with the business community and create jobs, including expediting permits for infrastructure projects.

Obama met with the jobs council only a handful of times, most recently in February of 2012. Some Republicans say that's a sign he hasn't devoted enough attention to unemployment, a top concern for Americans.

Unemployment has dropped to 7.8 percent since Obama formed the council, but more than 12 million people are still without jobs.

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FOXNews.com: Wyoming House votes to block proposed federal firearms regulations

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Wyoming House votes to block proposed federal firearms regulations
Jan 31st 2013, 13:12

Faced with the prospect of new federal gun restrictions, the Wyoming House gave initial approval Wednesday to bills that sponsors say would exempt guns in the state from new regulations while possibly taking the fight to criminals who might choose to attack public schools. 

The House voted in favor of a bill that would seek to block the federal government from restricting assault weapons and high-capacity magazines. It amended the bill to specify that federal officials who tried to enforce any ban would be subject to state misdemeanor charges instead of felony charges. 

President Obama has called for reinstituting a federal assault weapons ban following the massacre of 20 Connecticut first-graders by a gunman last month. 

The House on Wednesday also gave preliminary approval to a bill that would allow citizens who hold concealed carry permits to carry guns on campuses of public schools, colleges and the University of Wyoming. 

Rep. Kendell Kroeker, R-Evansville, sponsored the bill to exempt assault rifles and magazines from federal control. He said Wyoming should get its position on record before a new federal ban comes down. 

"It is clearly a different case than trying to nullify something that's already in existence," Kroeker said. 

Rep. Mary Throne, a Democrat and attorney in Cheyenne, said some states have tried such nullification laws in the past. She said such efforts were common in the years before the civil war and then during the civil rights movement, when some segregationist states tried to ignore federal law and practice nullification of federal laws. 

"If we want to make a statement we can do it, but let's not let's not pretend that it's consistent with the Constitution, because it's not," Throne said. 

The non-partisan Legislative Service Office has issued a legal analysis of Kroeker's bill that notes the U.S. Supreme Court recognizes federal laws as the supreme law of the land. 

Rep. Allen Jaggi, R-Lyman, sponsored the bill to allow people who hold state-issued concealed carry permits to carry guns on school campuses. A retired teacher, he said he worries about the safety of schools in the state, noting that they're currently classified as gun-free zones under state law. 

"Most of the horrific accidents that we've heard about have happened in gun-free zones, and the bad guys really don't care what the laws are," Jaggi said. "I'm a law-abiding guy, and if that's the law, I won't carry where I'm not supposed to carry. But the bad guys don't have that thought, they just want to do whatever they want to do." 

Rep. Jerry Paxton, R-Encampment, said that as a former school principal he had serious concerns about the including elementary and secondary school provision in this bill. "I certainly don't want to get into a situation where we're creating a killing field inside of a school, but I think this bill creates the opportunity for many, many different things that could happen that would endanger kids." 

Paxton said he could see where a student could get ahold of a firearm inadvertently if a teacher forgot to lock a drawer. 

Rep. Stephen Watt, R-Rock Springs, said school administrators don't currently know if guns are coming into their schools or who has them. 

"Someone who wants to bring a gun into a school will do it, and if they want to use it for evil, they'll use it for evil," Watt said. "It's that simple." 

Chris Boswell, lobbyist for the University of Wyoming, said after the House vote that the university administration is concerned about the prospect of losing its authority to maintain its current policy of prohibiting students from carrying weapons either openly or concealed. 

"I believe the trustees, through the regulation, have indicated that the risks may outweigh the benefits of allowing guns to be carried on the university campus," Boswell said, adding that the university has a police force.

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FOXNews.com: Weekly jobless aid applications rise to 368,000

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Weekly jobless aid applications rise to 368,000
Jan 31st 2013, 13:36

Published January 31, 2013

Associated Press

The number of Americans seeking unemployment aid rose sharply last week but remained at a level consistent with moderate hiring. 

The Labor Department says weekly applications for unemployment benefits leapt 38,000 to a seasonally adjusted 368,000. The increase comes after applications plummeted in the previous two weeks to five-year lows. 

The volatility reflects the government's difficulty adjusting the data to account for layoffs after the holiday shopping season. Job cuts typically spike in the second week in January as retailers dismiss temporary employees hired for the winter holidays. Layoffs then fall in the second half of the month. 

The department attempts to adjust for such fluctuations but the January figures can still be volatile. The four-week average, a less volatile measure, ticked up to 352,000, just above a four-year low.

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FOXNews.com: Montana lawmaker drafts bill to offer convicts 'infliction of physical pain' over jail

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Montana lawmaker drafts bill to offer convicts 'infliction of physical pain' over jail
Jan 31st 2013, 13:17

Published January 31, 2013

Associated Press

A Montana lawmaker says that convicts should be allowed to escape prison time if they instead agree to the "infliction of physical pain." 

Republican Rep. Jerry O'Neil is drafting a bill that would allow those convicted of misdemeanors or felonies to negotiate corporal punishment instead of another sentence. The method used to inflict the pain would be decided by a judge. 

The veteran lawmaker says he thinks long prison sentences are inhumane, and thinks many prefer something like "20 lashes." 

The conservative Columbia Falls lawmaker made headlines earlier this session by seeking to get paid in gold and silver coins because he is skeptical about the future of the dollar. 

His latest proposal isn't receiving a warm welcome. The House speaker's office noted that O'Neil is bringing the idea alone.

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FOXNews.com: Senate expected to pass debt limit increase bill approved by House

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Senate expected to pass debt limit increase bill approved by House
Jan 31st 2013, 08:13

WASHINGTON –  The Senate is poised to permit the government to borrow hundreds of billions of dollars more to meet its obligations, putting off one Washington showdown even as others loom in coming weeks.

The measure would suspend the $16.4 trillion limit on federal borrowing through May 18, allowing about $450 billion in new debt to be added to the federal ledger, according to an estimate by the Bipartisan Policy Center.

The Republican-controlled House passed the legislation last week. A successful Senate vote would send the measure to President Barack Obama, who is expected to sign it into law immediately.

Without the bill, the government would default on its obligations by as early as mid-February.

The short-term increase in the borrowing cap is the brainchild of House Republicans, who wanted to re-sequence a series of upcoming budget battles, taking the threat of a potentially devastating government default off the table and instead setting up a clash in March over automatic across-the-board spending cuts set to strike the Pentagon and many domestic programs.

Those cuts -- postponed by the recent "fiscal cliff" deal -- are the punishment for the failure of a 2011 deficit supercommittee to reach an agreement. The panel was itself established by the hard-fought 2011 increase in the debt limit.

Democrats are going along because the debt increase isn't contingent on matching cuts to the budget, as long demanded by House Speaker John Boehner, R-Ohio.

To sell the measure to House GOP conservatives, Boehner instead attached a "no budget, no pay" provision that would withhold pay for House and Senate members if the chamber in which they serve fails to pass a budget plan. That was a slap at the Democratic-controlled Senate, which hasn't passed a budget blueprint since 2009.

The "no budget, no pay" provision is seen by congressional insiders as a bad idea whose time has arrived. For starters, it makes members of the minority party dependent on the ability of the majority party to advance a budget if they all are to be paid. But the announcement of the move was quickly followed by an announcement by Senate Democrats that they would indeed advance a budget for the first time in four years.

Lawmakers have already shifted their focus to the across-the-board cuts, which would pare $85 billion from this year's budget after being delayed from Jan. 1 until March 1 and reduced by $24 billion by the recently enacted tax bill. Defense hawks are particularly upset, saying the Pentagon cuts would devastate military readiness and cause havoc in defense contracting. The cuts, called a "sequester" in Washington-speak, were never intended to take effect but were instead aimed at driving the two sides to a large budget bargain.

But Republicans and Obama now appear on a collision course over how to replace the across-the-board cuts. Obama and his Democratic allies insist that additional revenues be part of the solution; Republicans say further tax increases are off the table after the 10-year, $600 billion-plus increase in taxes on wealthier earners forced upon Republicans by Obama earlier this month.

The debt measure permits borrowing through May 18 and resets the debt limit to reflect it. But the deadline to again raise the ceiling would be pushed off until August, according to Bipartisan Policy Center calculations. That's because Treasury would retain the ability to use accounting steps known as "extraordinary measures" to stave off default.

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FOXNews.com: Hagel faces GOP grilling at confirmation hearing

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Hagel faces GOP grilling at confirmation hearing
Jan 31st 2013, 08:20

WASHINGTON –  Republican Chuck Hagel, President Barack Obama's nominee for defense secretary, is facing GOP critics who have challenged his past comments on Israel, Iran and nuclear weapons.

The former two-term senator from Nebraska is the lone witness at a Senate Armed Services Committee hearing Thursday that could be crucial in determining whether he will win Senate confirmation to succeed Defense Secretary Leon Panetta in Obama's second-term national security team. Two former committee chairmen -- Democrat Sam Nunn and Republican John Warner -- will introduce the nominee.

If confirmed, Hagel, a decorated Vietnam combat veteran, would be the first enlisted man and first Vietnam veteran to serve as defense secretary.

Hagel has the announced backing of about a dozen Democrats and the tacit support of dozens more who are unlikely to embarrass the president by defeating his Cabinet pick. One Republican -- Sen. Thad Cochran of Mississippi -- has said he will vote for his former colleague.

Six Republicans, including four members of the Armed Services panel, have said they will oppose Hagel's nomination. Sen. Jim Inhofe of Oklahoma, the top GOP lawmaker on the committee, has said he and Hagel are "too philosophically opposed" on issues such as defense spending, nuclear weapons and the Middle East.

Crucial for Hagel will be the questioning by Sen. John McCain, R-Ariz. Hagel and McCain are fellow Vietnam veterans who once had a close relationship during their years in the Senate, but politics and Hagel's opposition to increased troop numbers in Iraq divided the two men.

McCain has praised Hagel's military service but said he had serious concerns about positions the nominee has taken on various issues. He said he is reserving judgment until after the hearing. Sen. Lindsey Graham, R-S.C., earlier this month described Obama's selection as an "in-your-face" pick but was a bit less critical this week.

"Who are we getting -- the guy today or the guy who said things before?" Graham said Tuesday after a 20-minute meeting with Hagel. Graham said he doesn't doubt Hagel's "personal integrity, but I do have real concerns about his policy positions."

The hearing will be the first time Hagel publicly addresses the barrage of criticism that he is not sufficiently pro-Israel or tough enough on Iran. In the past, Hagel has questioned the efficacy of unilateral sanctions on Iran, arguing that penalties in conjunction with international partners made more sense. He has also been criticized for his comments about the influence of a "Jewish lobby" and his view of gay rights.

He addressed several of the issues in a 112-page questionnaire to the committee in which he said his wartime experience would shape his decisions about using military force.

"I understand what it is like to be a soldier in war," wrote Hagel. "I also understand what happens when there is poor morale and discipline among the troops and a lack of clear objectives, intelligence and command and control from Washington. I believe that experience will help me as secretary of defense to ensure we maintain the best fighting force in the world, protect our men and women in uniform and ensure that we are cautious and certain when contemplating the use of force."

In his responses, Hagel adopted a hard line on Iran and its possible pursuit of a nuclear weapon. He echoed Obama's view that all options are feasible to stop Tehran, praised the rounds of penalties and warned of "severe and growing consequences" if Iran balks at international demands.

Questioned about all options, Hagel said, "If confirmed, I will focus intently on ensuring that the U.S. military is in fact prepared for any contingency."

He said that he would continue to put in place the "smart, unprecedented and effective sanctions against the Iranian regime" that Congress and the Obama administration have adopted in recent years.

The criticism of Hagel has surprised some of Hagel's strongest backers.

"This idea that's being propagated that he might be soft on adversaries. Chuck Hagel's not soft on anybody, particularly himself," said Sen. Jack Reed, D-R.I., a member of the Armed Services Committee, in a conference call with Hagel allies. "He drives hard. He's someone who searches for the right approach and the right policy."

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FOXNews.com: Tennessee bill would require schools to report gay activity to parents

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Tennessee bill would require schools to report gay activity to parents
Jan 31st 2013, 06:59

Published January 31, 2013

Associated Press

  • TennesseeCapitolBuilding.jpg

    FILE: Members of the Tennessee National Guard stand watch on the Capitol balcony in Nashville, Tenn.ap

NASHVILLE, Tenn. –  A Republican lawmaker is proposing legislation that would require schools to inform a student's parents if the child is engaging in homosexual activity.

Under the measure sponsored by Sen. Stacey Campfield of Knoxville, a school counselor, nurse or principal can inform parents if their children's "circumstances present immediate and urgent safety issues involving human sexuality."

Campfield told reporters on Wednesday that he considers the "act of homosexuality" to be dangerous to a child's health and safety.

The measure is part of a similar proposal, known as the "Don't Say Gay" bill, that Campfield passed in the Senate in 2011, but the companion bill failed in the House last year.

The proposal would ban the teaching of gay issues to elementary and middle school students.

Campfield says the current legislation has a House sponsor and he's optimistic about its passage.

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Wednesday, January 30, 2013

FOXNews.com: GOP senator proposes bill that would freeze NLRB rules, decisions

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GOP senator proposes bill that would freeze NLRB rules, decisions
Jan 31st 2013, 05:00

WASHINGTON –  Republican Sen. John Barrasso introduced legislation Wednesday that would freeze or overturn virtually every decision the National Labor Relations Board has made in the past year.

The move comes after a federal appeals court ruled that President Obama exceeded his constitutional authority by making appointments to the NLRB when the Senate was on a break last year.

"Until we have a final resolution from the courts, the NLRB should not be able to issue or enforce decisions that will create even more confusion and illegitimate regulations," Barrasso, R-WY, said. "My bill will restore clarity, order and respect for the U.S. Constitution."

If the court ruling stands, the NRLB would have just one valid appointee left which would bring deciding any labor cases to a screeching halt. At least three members are needed for a quorum. Barrasso's bill, though unlikely to clear the Democratically-controlled Senate, would aim to halt a range of decisions and regulations dealing with everything from how social media is used by union members to union dues.

Chief Judge David Sentelle said in his ruling that allowing the president's power to remain unchecked would give the executive branch "free rein to appoint his desired nominees at any time he pleases, whether that time be a weekend, lunch, or even when the Senate is in session and he is merely displeased with its inaction." He added, "This cannot be the law."

The NLRB issued a statement following Friday's ruling saying that it would continue to operate normally until the legal issues surrounding the recess appointments are resolved.

The White House is expected to appeal the verdict.

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