Saturday, September 1, 2012

FOXNews.com: Federal judge rules in Louisiana chief justice spat

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Federal judge rules in Louisiana chief justice spat
Sep 2nd 2012, 04:11

Published September 02, 2012

Associated Press

NEW ORLEANS –  A federal judge has sided with Louisiana Supreme Court Justice Bernette Johnson in her legal effort to become the state's first black chief justice.

U.S. District Judge Susie Morgan ruled Saturday that Johnson had the seniority to succeed Chief Justice Catherine "Kitty" Kimball when she retires early next year.

Johnson had sued to block her colleagues from deciding the matter.

When voters elected her in 1994, Johnson at first filled an appeal court seat but was assigned to serve on the Supreme Court full-time under terms of a civil rights lawsuit settlement. Some argued that Justice Jeffery Victory, who has served since 1995, has served longer than Johnson. They wanted the Louisiana Supreme Court to settle the question.

Johnson's attorney James Williams' praised Morgan for issuing "the right ruling"

Lawyers for the state didn't immediately respond to an email from The Associated Press seeking comment.

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FOXNews.com: Romney campaign claims to be closing gap in social media battle

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Romney campaign claims to be closing gap in social media battle
Sep 1st 2012, 23:01

CHARLOTTE, N.C. –  It's an all-out battle for votes in the last two months before the election – and it's happening across Twitter feeds, on the walls of Facebook and in Google chat rooms everywhere.

And on that social-media front, Mitt Romney's campaign claims it's catching up.

While President Obama and his supporters prepare for what Democrats are calling "the most open and accessible convention in history," Romney's team boasted Saturday that it is closing the digital gap between the campaigns and accused its rival of running a social media operation that's just too – well, hyperactive.

The Democrats have long been the leaders in using social media to their advantage. According to a Pew Research Center study released Aug. 15, the 2012 presidential election is no different – with Obama far exceeding Romney in the number of Facebook followers and daily campaign tweets.

But more doesn't mean better, according to Romney's digital director, Zac Moffatt, who oversees all social media and online advertising for the campaign.

"The Pew is not an authority on how to use campaign social media," Moffatt told FoxNews.com, noting that the results of the study were released three months ago, well before Romney announced his running mate and Republicans converged on Tampa for their party's convention.

"They think that because you tweet more, you must be better at Twitter," he said. "Barack Obama tweets 30 times a day – that's not how we want to use Twitter.

"We wouldn't want to do it 30 times a day because if everything's a priority, nothing's a priority," he said.

The Romney team says it has made strides in engaging users across various online platforms – particularly on Facebook. Moffatt claims, for example, that "the average re-tweet for us is much higher than the Obama campaign per tweet."

Moffatt said that of the 5.8 million Romney followers currently on Facebook, about 2.4 million are using the online social network to "post about" the candidate and his campaign. A report by "Inside Facebook," an independent news service of Inside Network, says that the average number of "interactions" per day on Obama's Facebook page is not much higher than on Romney's.     

The Pew research study, however, finds that the Obama campaign is still active on nearly twice as many digital tools and that the online content it produces generates more responses from users on average. Obama has 28 million "Likes" on Facebook versus Romney's 5 million. On Twitter, Obama and his campaign have tweeted 5,685 times and enjoy 19,169,596 followers. Romney, in contrast, has tweeted 1,109 times and has 996,729 followers.

The Obama campaign recently showed how it uses social media to its advantage when it responded via Twitter to Clint Eastwood's impromptu act before the Republican convention Thursday, during which the legendary actor addressed an empty chair meant to be an imaginary Obama.

"This seat's taken," the Obama campaign tweeted a day later – and included a photo of the commander-in-chief from behind, sitting in a chair at what appears to be a cabinet meeting.

Despite the Obama campaign's social media success, Moffatt says the Romney team continues to enjoy a spike in followers across the Twitterverse  – and pointed to Ann Romney as an early example of that success. The day after Democratic strategist Hilary Rosen said on television that Romney's wife "never worked a day in her life," Ann Romney set up a Twitter account and fired back.

"I made a choice to stay home and raise five boys," Romney tweeted. "Believe me, it was hard work."

Almost instantly, Moffatt said, Mrs. Romney attracted tens of thousands of followers to her Twitter account, which describes her as "Mom of five boys. Grandmother of 18. Out campaigning for @mittromney."

"The Obama campaign has an advantage in that they've been doing this for six years and have invested a lot of money in it, but I think every single day we're catching up, and in some ways we've overtaken them," Moffatt said.

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FOXNews.com: ICE chief of staff resigns after allegations of lewd conduct

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ICE chief of staff resigns after allegations of lewd conduct
Sep 1st 2012, 21:13

URGENT: A senior Obama administration political appointee is resigning amid allegations of lewd behavior, FoxNews.com has confirmed.

Suzanne Barr, chief of staff to Immigration and Customs Enforcement Director John Morton, is accused of sexually inappropriate behavior toward employees.  

"I have been the focus of unfounded allegations designed to destroy my reputation, but of greater concern however, is the threat these allegations represent to the reputation of this agency and the men and women who proudly serve their country by advancing ICE's mission," Barr said in a letter to Morton, which was obtained by FoxNews.com.

"As such, I feel it is incumbent upon me to take every step necessary to prevent further harm to the agency and to prevent this from further distracting from our critical work," she said. "Therefore, it is with great regret that I submit my resignation as Chief of Staff for Immigration and Customs Enforcement."

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FOXNews.com: Feds close criminal investigation into Maricopa County Sheriff Joe Arpaio

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Feds close criminal investigation into Maricopa County Sheriff Joe Arpaio
Sep 1st 2012, 01:42

PHOENIX –  Federal authorities said Friday that they're closing their abuse-of-power investigation into a sheriff in Arizona without filing charges against him.

Authorities were investigating America's self-proclaimed toughest sheriff, Maricopa County Sheriff Joe Arpaio, for his part in failed public corruption cases against officials who were odds with him. Arpaio brought cases against a judge and two county officials in 2009.

Assistant U.S. Attorney Ann Birmingham Scheel released a statement saying her office "is closing its investigation into allegations of criminal conduct" by current and former members of the sheriff's and county attorney's offices.

Scheel, who is based in Arizona, didn't elaborate but said she was acting on behalf of the U.S. Department of Justice.

The federal probe focused specifically on the sheriff's anti-public-corruption squad. In a separate probe, the U.S. Justice Department has accused Arpaio's office of a wide range of civil rights violations, and in another case, a federal judge has yet to rule in a civil case brought by a group of Latino plaintiffs that claimed Arpaio and his deputies engaged in racial profiling.

Arpaio was scheduled to give a news conference Friday night after returning from the Republican National Convention in Florida.

His deputy chief Jack MacIntyre, said, "the U.S. attorney's office and its investigators recognized what sheriff's office has said all along: We did not make any prosecutorial decisions, even though things were referred to the then-county attorney."

The timing of the federal authorities' announcement -- at 5 p.m. on a Friday before a holiday weekend -- was questioned by some Arpaio critics.

"It is a miscarriage of justice that the federal government is dropping its case against Sheriff Arpaio and to make such an announcement on the Friday night before the Democratic National Convention can only be politically motivated to shield the administration from criticism," Pablo Alvarado, director of the National Day Laborer Organizing Network, said in a statement.

The 79-year-old sheriff and his top ally, former County Attorney Andrew Thomas, were embroiled in a three-year feud with county officials and judges and defended their investigations as necessary to root out corruption.

The officials who were targets of the investigations contend the probes were trumped up as retaliation for political and legal disagreements with the sheriff and prosecutor.

Criminal cases against former Superior Court Judge Gary Donahoe and county supervisors Mary Rose Wilcox and Don Stapley were dismissed after a judge ruled that Thomas prosecuted one of the three officials for political gain and had a conflict of interest in pressing the case.

Authorities say the charges against Donahoe were filed in a bid to prevent the judge from holding a hearing regarding Arpaio and Thomas' claim that judges and county officials conspired to hinder a probe into the construction of a court building.

Donahoe had disqualified Thomas from handling the court building investigation and was poised to hold another hearing over a request to appoint special prosecutors to handle the probe. The hearing was called off after the charges were filed against the judge.

The judge also had been critical of the ability of Arpaio's office to bring inmates to court on time for hearings.

Thomas was disbarred in early April by an ethics panel of the Arizona courts that found he brought unsuccessful criminal cases against the judge and two county officials for the purpose of embarrassing them.

In the separate probe, which is still ongoing, the Justice Department says Arpaio's office racially profiles Latinos, retaliates against critics of its immigration patrols and bases its immigration patrols on racially charged citizen complaints that did not allege crimes. The sheriff denies the allegations.

And in the civil case, the Latino plaintiffs aren't seeking monetary damages. Instead, they want a declaration that Arpaio's office uses racial profiling and an order requiring policy changes. If Arpaio loses the case, he won't face jail time or fines.

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FOXNews.com: Obama, GOP duel over rising college expenses

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Obama, GOP duel over rising college expenses
Sep 1st 2012, 16:51

WASHINGTON –  President Barack Obama would make tax credits for college expenses permanent and expand Pell grants for students from lower-earning families. The Republican team of Mitt Romney and Paul Ryan would emphasize the need to curb rising tuitions and federal education spending that are burdening families and the government.

The different approaches to coping with growing college costs highlight one way that Obama and the GOP ticket are competing for young voters. This important group leaned heavily toward Obama in 2008 and still prefers him, according to polls, though less decisively.

Tuitions and fees for four-year public colleges grew by 72 percent above inflation over the past decade, averaging $8,244 last year, according to the College Board, which represents more than 6,000 schools. Student loan debt in the U.S. has hit $914 billion; the average borrower owes more than $24,000, the Federal Reserve Bank of New York says.

Democrats are sure to reach for the college vote at the party's national convention in Charlotte, N.C., a week after Obama spoke to students in university towns in Virginia, Colorado and Iowa. Romney was counting on his youngest son, Craig, and the 42-year-old Ryan to court young supporters.

In 2008, voters age 18 to 24 sided with Obama over GOP candidate John McCain by a 66-32 margin. A Gallup poll taken in July and August found that same age group preferring Obama over Romney by 56 percent to 36 percent, an edge that Republicans would love to erode further.

Well before the party conventions, both sides had issued proposals directly affecting college students -- and their parents -- coping with those mushrooming costs.

Obama would let the current $5,550 per year maximum Pell grant increase to $5,635 next year, as scheduled under current law. That figure has grown by more than $900 since 2008 for a program that is the largest source of federal aid for students, serving more than 9 million of them.

Obama would make permanent the American Opportunity tax credit, created as part of his 2009 economic stimulus program. The credit provides up to $2,500 a year per student for college costs but is due to expire Jan. 1. Renewing it would cost an estimated $13 billion next year alone.

Obama has also proposed tying some federal aid, including Perkins loans and subsidies for students' work-study jobs, to schools' abilities to curb tuition increases. The president's proposals continue "the administration's commitment to keep college affordable for students and their families," his 2013 budget blueprint said.

Separate plans by presidential nominee Romney and his running mate focus more on containing federal costs.

In a May paper, Romney argued that even as federal spending for higher education has grown, the costs of attending college and student debt have ballooned. Obama initiatives making the government the direct source of federal student loans, creating the American Opportunity tax credit and boosting Pell grants have not worked, it said.

"Flooding colleges with federal dollars only serves to drive tuition higher," said Romney's education paper, "A Chance for Every Child."

It said Romney would improve college access and affordability: "A Romney administration will tackle this challenge by making clear that the federal government will no longer write a blank check to universities to reward their tuition increases."

Romney would eliminate duplicative federal college financial aid programs, direct Pell grants to "students that need them most" and put the program on a sustainable long-term path, the document said. It provides few details.

He would put private lenders back in the business of issuing federally backed student loans, let companies compile data about lending and colleges for consumers and help families save for higher education. The paper says little about how.

Campaigning in March, Romney was asked by a voter what he would do to make college more affordable. Romney replied that while it might be popular for him to answer that he would provide students with government money, "what I'm going to tell you is shop around."

Ryan, the Wisconsin Republican who is chairman of the House Budget Committee, wrote a House-approved 2013 budget that would let the American Opportunity tax credit expire in January. It would freeze the maximum Pell grant at $5,500 for the next decade and it suggests rolling back some subsidies for student borrowers and recent provisions making the grants more widely available.

Ryan's budget says the Pell grant program, currently costing about $36 billion a year, is unsustainable.

"Urgent reforms are necessary to enable the program to continue as the foundation of the nation's commitment to helping low-income students gain access to higher education," budget documents say.

Obama also proposed keeping interest rates at 3.4 percent for subsidized Stafford loans for undergraduates. After initial Republican hesitation, Romney endorsed the idea and Congress eventually approved it. Ryan's budget would have let the rates double to 6.8 percent, as was scheduled under previous law.

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FOXNews.com: Obama, Romney use convention gap to compete for voters in key swing states

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Obama, Romney use convention gap to compete for voters in key swing states
Sep 1st 2012, 14:51

President Obama is pumping up supporters ahead of the Democratic convention by campaigning Saturday in the swing state that effectively launched his successful presidential bid four years ago. Mitt Romney and his running mate, meanwhile, are looking to hold onto the spotlight after their party's convention by rallying voters in two other key battleground states.

Obama will hold a rally near Des Moines, Iowa, later Saturday as part of a four-day march through key swing states in the lead-up to his re-nomination at the Democratic Convention next week in Charlotte, N.C.

The president, who is looking to blunt any momentum picked up by his rival, is expected to focus his speech on the economy and other issues, like education, his campaign said. Obama's address Saturday at the Living History Farms in Urbandale, a Des Moines suburb, will be his first since Romney received his party's nomination at the Republican convention in Tampa, Fla., Thursday night.

After that, Obama is expected to speak at Morningside College in Sioux City, before traveling to Denver, Co., where he will hold a campaign event at the University of Colorado in Boulder on Sunday.

Romney, meanwhile, is appearing Saturday morning in the critical battleground state of Ohio. He is holding a rally in Cincinnati, where he will continue to make his case that the Obama administration has fallen short of its calling to restore a broken economy. He will then join his running mate, Rep. Paul Ryan, R-Wisc., later Saturday for a joint rally in Jacksonville, Fla. 

Both campaigns were crisscrossing the country as the race entered September, each day adding to the sense of urgency in a presidential contest that has remained tight since Romney sewed up the nomination in April. Both campaigns recognize that undecided elements of the electorate, including those in about eight key states, will begin to fully assess their options through the conventions and the upcoming debates in the weeks ahead.

Before the Democratic National Convention moves into full swing, though, both sides continue to deal with the aftermath of Hurricane Isaac.

Romney scrapped an appearance in Virginia on Friday to visit Louisiana instead, scheduling a last-minute visit Friday to Lafitte, La., to tour damage with Louisiana Gov. Bobby Jindal. Concerns about Isaac canceled the first day of Romney's Republican convention, and campaign officials had been considering the visit for several days.

Obama was following with his own visit to Louisiana on Monday, the White House announced.

He also paid a visit to troops Friday at Fort Bliss in Texas, exactly two years after declaring the end of the U.S. combat mission in Iraq.

"Today, every American can be proud that the United States is safer, the United States is stronger and the United States is more respected in the world," Obama declared, a throng of soldiers in fatigues providing the backdrop.

The Associated Press contributed to this report.

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FOXNews.com: Federal government ending Wyoming wolf protections

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Federal government ending Wyoming wolf protections
Sep 1st 2012, 11:48

CHEYENNE, Wyo. –  Visitors to Yellowstone National Park on almost any given day can glimpse packs of wolves and hear their iconic howls, thanks to a yearslong effort to revive the species that once neared extinction in the United States.

It's an effort the federal government has determined to be so successful that wolves no longer need special protections to ensure their survival in Wyoming -- the state officials chose in the mid-1990s for reintroducing the predator to the Northern Rocky Mountains.

 "The wolf population in Wyoming is recovered, and it is appropriate that the responsibility for wolf management be returned to the state," Gov. Matt Mead said Friday after the U.S. Fish and Wildlife Service announced it will end the protections in most of Wyoming and entrust the state with managing their numbers.

The move allows wolves to be shot on sight in most parts of Wyoming while keeping them permanently protected in designated areas like Yellowstone and Grand Teton national parks, and the Wind River Indian Reservation. The decision quickly sparked promises of legal challenges from environmental groups that argue wolves still need protection to maintain their successful recovery.

 "Today's removal of wolves in Wyoming from the endangered species list is a tragic ending to what has otherwise been one of America's greatest wildlife conservation success stories," Jamie Rappaport Clark, president of Defenders of Wildlife, said in a statement. "Now we are left with no choice but to pursue legal action to ensure that a healthy, sustainable wolf population remains in Wyoming and across the Northern Rockies for many generations to come."

In announcing the decision, U.S. Fish and Wildlife Service Director Dan Ashe acknowledged the opposition it would face and the "emotional reaction to wolf hunting," but said hunting would not be "detrimental to long-term conservation of wolves."

 "Quite the contrary, it will support long-term conservation of wolves as it has other predators like mountain lion and grizzly bear and black bear," Ashe said.

North America was once home to as many as 2 million gray wolves, but by the 1930s, fur traders, bounty hunters and government agents had poisoned, trapped and shot them to near extinction in the continental United States. An effort to revive their numbers rose up and centered on starting the recovery in Yellowstone National Park in northwest Wyoming.

Overcoming protests from Wyoming farmers and ranchers who feared wolves would prey on their livestock, wildlife managers transplanted 14 wolves from Canada into Yellowstone in the mid-1990s. The effort exceeded all expectations as wolf numbers quickly multiplied, and Friday's action means Wyoming can now take measures to control their population outside the Greater Yellowstone vicinity.

There are about 270 wolves in Wyoming outside Yellowstone. There are about another 1,100 or so in Montana and Idaho where wolves were delisted earlier and still more in Washington and Oregon.

Wyoming has been chaffing under federal wolf protections for years, with ranchers and hunters complaining that wolves kill too many cattle and other wildlife.

Wyoming's management plan was agreed upon last year by Gov. Matt Mead and U.S. Interior Secretary Ken Salazar. It calls for the state to maintain at least 10 breeding pairs of wolves and at least 100 individual animals.

 The state will classify wolves in the remaining 90 percent of Wyoming as predators, subject to being killed anytime by anyone.

The state will take over management of the wolves under its purview effective Sept. 30. The Wyoming Game Commission has approved wolf hunts starting Oct. 1. The state is prepared to issue unlimited hunting licenses but will call a halt after hunters kill 52 wolves.

Bryce Reece, executive vice president of the Wyoming Wool Growers Association, said ranchers for too long had their hands tied in trying to stop wolves attacking their livestock.

"The reality is my folks aren't in any big rush to get there to try to kill a wolf. They just want the ability to protect their livestock," Reece said. "We are hopeful, by putting some pressure on them, they'll move back into areas where it's less habited and there's less livestock."

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