Lawmakers propose giving federal judges role in drone strikes, but hurdles await

A proposal to give federal judges a direct role in the nation’s drone campaign gained new momentum this week with a signal from senior lawmakers that they intend to consider creating a special court to oversee the selection of targets for lethal strikes.

But the idea, cited by Sen. Dianne Feinstein (D-Calif.), among others, as a way to impose new accountability on the drone program, faces significant legal and logistical hurdles, according to U.S. officials and legal experts.

Among the main obstacles is almost certain opposition from the executive branch to a dilution of the president’s authority to protect the country against looming threats. Others include the difficulty of putting judges in a position to approve the killing of individuals — possibly including American citizens — even if they have not been convicted of a crime.

In more practical terms, U.S. officials expressed concern that a judicial review would lead to delays that might erode the country’s ability to preempt terrorist attacks.

The idea “is politically and practically difficult and therefore unlikely to happen in the end,” said Robert Chesney, an expert on national security law at the University of Texas. “But it seems more likely today than it did just a few weeks ago.”

That is largely because comments from Feinstein and others during a confirmation hearing Thursday on the nomination of John O. Brennan to serve as CIA director made clear that the idea of a special drone court has gained new backing on Capitol Hill.

Feinstein, the chairman of the Senate Intelligence Committee, said the panel would evaluate having judges review targeting decisions much like a special court scrutinizes certain U.S. wiretapping operations in the United States.

The drone panel, Feinstein said, would be “an analogue of the Foreign Intelligence Surveillance Court,” a panel that meets in secret and rules on government requests to wiretap terrorism suspects inside the United States without traditional court warrants.

A congressional aide said that the Senate committee has not drafted any legislative language and has only begun to consult with legal experts.

The administration has been considering ways to establish an independent review of counterterrorism actions, “including a possible judicial review,” for more than a year, an administration official said on the condition of anonymity.

“We have identified a number of ways . . . some executive, some would require legislation,” the official said, adding that deliberations were ongoing.

Sen. Angus King (I-Maine) endorsed the idea of a special court at Thursday’s hearing and cited growing discomfort with the way the Obama administration has carried out hundreds of strikes through a secret process sealed off from other branches of government.

“Having the executive being the prosecutor, the judge, the jury and the executioner all in one is very contrary to the traditions and the laws of this country,” King said.

Brennan, who served as Obama’s top counterterrorism adviser for the past four years, responded lukewarmly, saying that preempting a terrorist attack is fundamentally different from determining after the fact whether someone is guilty or innocent of a crime.

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Blizzard brings US northeast to a halt

NEW YORK: Planes, cars and trains came to a standstill across the densely populated US northeast Friday in the face of a blizzard raging from New York to Boston.

The storm was forecast to bring the heaviest snow so far this winter along the New England coast, threatening power and transport links for tens of millions of people.

By late Friday, New York, one of the world's busiest air travel hubs, was cut off from the skies as snow and wind led airlines to suspend all operations at LaGuardia, Newark Liberty and John F Kennedy International airports.

Tom Bosco, general manager of LaGuardia, told NY1 television that the airport was "battling" the storm and would strive to remain open even after the airlines shut down for the night.

He estimated that if a foot of snow fell -- the worst case scenario forecasted for New York -- flights would resume "probably by mid-morning."

The heaviest impact of the storm was expected overnight in and around Boston, and Governor Deval Patrick temporarily ordered all normal traffic off Massachusetts roads, with the threat of up to a year in jail for violators.

"There are a number of exemptions for... emergency workers and the like. Please exercise caution and use common sense," Patrick said at his emergency centre in Framingham.

In Connecticut, Governor Dannel Malloy issued a "ban on motor vehicle travel on limited access highways" to free up emergency services traffic.

Rhode Island, where some of America's most exclusive summer homes are located, also instituted driving restrictions.

In addition to the road and air snarl-ups, the rail service Amtrak said trains from New York northbound and also to the capital Washington, DC, were being suspended.

The storm came a little over three months after Hurricane Sandy devastated swathes of New York and New Jersey, killing 132 people and causing damage worth some $71.4 billion.

Snow began in light flurries across the region early Friday, but thickened and by Saturday was expected to leave depths of between half and one foot in New York and as much as two feet in Boston.

The National Weather Service warned that "in addition to the heavy snowfall, wind gusts of up to hurricane force are possible, especially near the coast. This will result in blizzard conditions with drifting and blowing snow."

On Friday night travel "will be extremely hazardous, if not impossible," the National Weather Service said.

Among the more glamorous victims of the travel upsets was designer Marc Jacobs, who said he had to reschedule his two shows at New York Fashion Week due to "the snow storm in the US and production problems."

New York Mayor Michael Bloomberg, who came under withering criticism for the city's flat-footed response to a blizzard in 2010, said residents should stock up with vital supplies and prepare for the worst.

"Stay off the city streets, stay out of your cars," he said at a news conference. "Staying off the streets will make it easier for city workers to clear the streets of snow."

New York's four zoos also announced they were closing for the duration of the storm.

"You can't take nature too lightly. Hopefully it won't be anything too drastic," Bloomberg said.

The good news was that the storm's peak was due as the weekend began, meaning far fewer people would be on the roads. Forecasters said the system should blow through on Saturday, with milder temperatures to follow.

Locals were comparing the coming storm to the ferocious Blizzard of 1978, which killed 100 people and buried Boston in more than 27 inches (68 centimetres) of snow and Providence, Rhode Island in nearly 28 inches (71 centimetres).

During that storm, people were forced to abandon cars stuck on highways and made their way around Boston on cross-country skis and snowshoes.

- AFP/xq

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Delhi unsafe for child birth: Union health ministry

MAHABALIPURAM: The national capital may show various signs of urban development but it is not a safe place for child birth. This has been revealed in a performance score card prepared by the Union ministry of health and family welfare. Delhi has recorded a 'very low' performance against the crucial health indicator of child birth, besides scoring 'low' on indicators of pregnancy care and post-natal maternal and newborn care. Chhattisgarh, Jammu and Kashmir, Manipur, Meghalaya, Nagaland, Tripura and West Bengal are other states in the 'very low' category.

The score card was released by the ministry officials at the ongoing National Child Survival and Development Summit here on Friday.

The performance of the states was assessed on the basis of four broad categories viz reproductive age, pregnancy care, child birth and post-natal maternal and newborn care. Based on the results, the states were categorised as good, promising, low and very low.

For its unsatisfactory performance in three out of four categories, Uttar Pradesh, too, has been placed in 'low' category. As per the card, UP's performance was ranked 'very low' in the post-natal maternal and newborn care and 'low' in the pregnancy care and child birth. Reproductive age-group was the only criterion against which UP showed a redeeming performance. Other states in the 'low' category are Arunachal Pradesh, Assam, Bihar, Jharkhand, Mizoram and Rajasthan.

Goa, Gujarat, Himachal Pradesh, Kerala, Punjab, Sikkim and Tamil Nadu were ranked as the best performing states while Andhra Pradesh Haryana, Karnataka, Madhya Pradesh, Maharashtra, Odisha and Uttrakhand were grouped as promising states.

The gradings were based on 19 indicators like rate of neonatal mortality, infant mortality, and vaccination coverage among others.

The four main categories were further divided into a set of parameters. For example: the proportion of post natal (after birth) maternal and new born care includes ratio components like newborns breastfed within first hour to total live births, women discharged in less than 48 hours of delivery to total number of deliveries in the public institutions, newborns weighing less than 2.5 kg to newborns weighed at birth, infants between 0-11 months who received measles vaccine to report live births among others.

The methodology comprised analysis of data gathered through the health management and information system for a period between April and September 2012. It was retrieved in January and assessed over a period of several weeks. "All India average for respective indicator was used as a reference point. The state score has been determined keeping in mind its deviation from the national average. Positive scores were allotted to above the national average for positive indicators and to those below the national average for negative indicators. Similarly, the negative scores of -1 to -4 were awarded to those below national average (for positive indicators) and to those above the national average for negative indicators," explained Dr Ajay Khera, deputy commissioner, child health and immunisation, ministry of health and family welfare. "Points were awarded against each health parameter and in the end they were accrued to draw a final score," he added.

Managing director, National Rural Health Mission, India, Anuradha Gupta said the gradings were done to help states assess their performance so that they pull up their socks within time. The card, she said, will also instill a sense of competition among states which will rather compel them to score better the next time. "Time has come when we must think of state specific goals and targets. And states should also know that they will have to contribute their bit to improve the national picture," she said.

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From Our Vault: Busy Postman on Break, 1951

The United States Post Office announced this week that it intends to stop Saturday letter delivery beginning in August, 32 years after Congress mandated a sixth day of mail service.

First class mail volume has been dropping by about five billion pieces annually since 2007. And the USPS operated almost $16 billion dollars in the red in 2012.

In the 1950s, when this photo was taken, the federal agency was more flush with money. Five hundred thousand employees carried 54 billion items when National Geographic magazine published the article "Everyone's Servant, the Post Office" in July of 1954. Mail volume had doubled since the previous decade, and was growing at a rate of about seven percent a year.

This photo from 1951 didn't make it into that article, landing instead in the National Geographic image archive. Working during the postal boom years, this mailman delivering to houses in Hays, Kansas, likely didn't have time to notice the slight.

National Geographic photographer John E. Fletcher explained the mailman's decision to lunch in a mailbox in a note on the back of the photo.

"He told me that a new regulation from the Washington headquarters of the U.S. Post Office required that postmen while on delivery at noontime must stop and have their lunch at the spot, rather than taking time off to go home and eat," Fletcher wrote.

"This mailman told me that each day his wife would drive to this particular corner and meet him and hand him his lunch box," he continued. "The most convenient spot that he could find to eat his lunch was to open a storage mail box, get himself comfortably seated, and eat his lunch right on the street corner."

Editor's note: This is the first in a series of pieces that looks at the news through the lens of the National Geographic photo archives.

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'Stay Home': Northeast Shuts Down as Blizzard Hits

A blizzard of possibly historic proportions began battering the Northeast today, and could bring more than two feet of snow and strong winds that could shut down densely populated cities such as Boston and New York City.

A storm from the west joined forces with one from the south to form a nor'easter that will sit and spin just off the East Coast, affecting more than 43 million Americans. Wind gusts were forecast to reach 50 to 60 mph from Philadelphia to Boston.

Cape Cod, Mass., could possibly see 75 mph gusts. Boston and other parts of New England could see more than two feet of snow by Saturday.

The storm showed the potential for such ferocity that Massachusetts Gov. Deval Patrick declared a state of emergency Friday afternoon and signed an executive order banning vehicular traffic on roads in his state effective at 4 p.m. ET. It was believed that the last time the state enacted such a ban was during the blizzard of 1978. Violating the ban could result in a penalty of up to a year in jail and a $500 fine.

"[It] could definitely be a historic winter storm for the Northeast," said Adrienne Leptich of the National Weather Service in Upton, N.Y. "We're looking at very strong wind and heavy snow and we're also looking for some coastal flooding."

Airlines began shutting down operations Friday afternoon at major airports in the New York area as well as in Boston, Portland, Maine, Providence, R.I., and other Northeastern airports. By early evening Friday, more than 4,300 flights had been cancelled on Friday and Saturday, according to FlightAware. Airlines hoped to resume flights by Saturday afternoon, though normal schedules were not expected until Sunday.

Weather Forecast: Northeast Braces for Monster Blizzard Watch Video

Winter Storm to Hit Northeast With Winds and Snow Watch Video

The snow fell heavily Friday afternoon in New York City and 12 to 14 inches were expected. Mayor Michael Bloomberg said clearing the roads was his main concern, and the city readied 1,700 snow plows and 250,000 tons of salt to clear the streets.

New York City was expecting up to 14 inches of snow, which started falling early this morning, though the heaviest amounts were expected to fall at night and into Saturday. Wind gusts of 55 mph were expected in New York City.

"Stay off the city streets. Stay out of your cars and stay at home while the worst of the storm is on us," Bloomberg said Friday.

Connecticut Gov. Dannel P. Malloy declared a state of emergency, deploying National Guard troops across the state to assist in rescues and other emergencies. Schools and state courthouses were closed, and all flights after 1:30 p.m. at Bradley Airport, north of Hartford, Conn., were cancelled. The state's largest utility companies planned for the possibility that 30 percent of customers -- more than 400,000 homes and businesses -- would lose power.

PHOTOS: Northeast Braces for Snowstorm

Boston, Providence, R.I., Hartford, Conn., and other New England cities canceled school today.

"Stay off the streets of our city. Basically, stay home," Boston Mayor Tom Menino warned Thursday.

On Friday, Menino applauded the public's response.

"I'm very pleased with the compliance with the snow emergency," he said. "You drive down some of the roadways, you don't see one car."

As of 4:30 p.m. Friday, 837 National Guard soldiers and airmen under state control had been activated in Connecticut, Massachusetts and New York in anticipation of the storm -- 552 in Massachusetts, 235 in Connecticut and 50 in New York. The extra hands were helping with roadways, transportation, making wellness checks on residents and other emergency services.

Beach erosion and coastal flooding is possible from New Jersey to Long Island, N.Y., and into New England coastal areas. Some waves off the coast could reach more than 20 feet.

Blizzard warnings were posted for parts of New Jersey and New York's Long Island, as well as portions of Massachusetts, Rhode Island and Connecticut, including Hartford, New Haven, Conn., and Providence. The warnings extended into New Hampshire and Maine.

To the south, Philadelphia was looking at a possible 4 to 6 inches of snow.

In anticipation of the storm, Amtrak said its Northeast trains would stop running this afternoon.

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Immigration advocates push Republicans to support path to citizenship

Immigration advocates, backed by the White House, have begun a nationwide lobbying campaign, including rallies in more than a dozen cities and a planned demonstration on the Mall.

The loosely coordinated effort is aimed in part at influencing an ongoing debate in the Republican Party over whether to provide a path to citizenship for more than 11 million illegal immigrants, organizers said.

The campaign includes liberal-leaning Hispanic, Asian and African American groups and labor unions, as well as a more centrist coalition of faith, law enforcement and business representatives. Organizers said they are intent on making their voices heard at a time when some GOP leaders have called for granting undocumented residents legal status, but have stopped short of citizenship.

The debate is one of the key points of conflict between President Obama and lawmakers, who are attempting to negotiate the largest overhaul of immigration laws in three decades.

“The election sent Republicans a strong message to work with President Obama to fix our broken system or else face political suicide,” said AFL-CIO President Richard Trumka, whose organization announced plans Tuesday for 14 rallies in big cities, along with phone calls, leaflets and television ads. “Our focus is citizenship, getting people to have the same rights as anybody else.”

In recent days, an increasing number of congressional Republicans have embraced what they described as a middle ground between full citizenship and the position long held by many in the GOP that illegal immigrants be required to return to their home countries.

Some House Republicans have argued that illegal immigrants could be allowed to live and work in the United States without fear of deportation, but should not be granted the full benefits of being a citizen, including the right to vote.

“If we can find a solution that is short of pathway to citizenship but better than just kicking 12 million people out, why is that not a good solution?” Rep. Raúl R. Labrador (R-Idaho) said this week during an immigration hearing in the House Judiciary Committee.

Clarissa Martinez de Castro, an official with the National Council of La Raza, told reporters in a conference call this week that the Republican tactic creates a “false choice” between the extremes of mass deportation and immediate citizenship. In reality, she said, both Obama and a bipartisan Senate working group have advocated a fairly arduous route that would require illegal immigrants to pay back taxes and learn English, among other requirements, before some would earn citizenship.

“To try to paint that rigorous path as amnesty or as extreme is simply incorrect and frankly out of step with where the American people are,” she said.

Obama, whose reelection was powered with overwhelming support from Latino and Asian voters, has vowed not to settle for a bill that does not include a citizenship provision. At a meeting with advocates this week, he urged them to help the administration keep the pressure on Capitol Hill.

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Microsoft wins latest round in Motorola patent case

SAN FRANCISCO: A federal judge on Thursday tossed out more than a dozen patent infringement claims filed against Microsoft by Google-owned Motorola Mobility.

US District Court Judge James Robart, in Microsoft's home state of Washington, sided with the software colossus, dismissing 13 claims of infringement on a trio of Motorola patents involving digital video encoding and decoding, according to court records.

The Motorola patents were evidently not specific enough regarding the computer code involved, according to the documents.

The decision significantly narrowed the case.

If the remaining claims survive a similar legal challenge, Microsoft would likely be entitled to pay a reasonable rate to license what is considered a "standards-essential" technology, according to intellectual property specialist Florian Mueller, of FossPatents.com.

- AFP/xq

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India, UK armies to hold joint exercise in April

BANGALORE: A company of the British Army will come down to India in April to conduct a joint exercise with the Indian Army, Philip Dunne, minister for defence equipment, support and technology, Great Britain, said on Thursday. He was speaking on the sidelines of Aero India 2013.

"We plan to increase joint exercises between the two countries in the near future," said the 54-year-old Conservative Party politician.

The Indian Army, for the first time since Independence, carried out joint exercises with their British counterparts on British soil in 2008, when Mechanized Infantry troops received training at the British Army's prestigious Land Warfare Centre in Warminster.

The minister also said that talks are currently under way between British companies and the state governments of Andhra Pradesh and Maharashtra on internal security, border security and port security.

He said that science and technology collaboration between DRDO and its British equivalent DSLT, which agreed on three projects, also saw an agreement of a new fourth project last week.

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Asteroid to Make Closest Flyby in History

Talk about too close for comfort. In a rare cosmic encounter, an asteroid will barnstorm Earth next week, missing our planet by a mere 17,200 miles (27,700 kilometers).

Designated 2012 DA14, the space rock is approximately 150 feet (45 meters) across, and astronomers are certain it will zip harmlessly past our planet on February 15—but not before making history. It will pass within the orbits of many communications satellites, making it the closest flyby on record. (Read about one of the largest asteroids to fly by Earth.)

"This is indeed a remarkably close approach for an asteroid this size," said Paul Chodas, a research scientist at NASA's Jet Propulsion Laboratory Near Earth Object (NEO) program office in Pasadena, California.

"We estimate that an asteroid of this size passes this close to the Earth only once every few decades."

The giant rock—half a football field wide—was first spotted by observers at the La Sagra Observatory in southern Spain a year ago, soon after it had just finished making a much more distant pass of the Earth at 2.6 million miles (4.3 million kilometers) away.

This time around however, on February15 at 2:24 pm EST, the asteroid will be passing uncomfortably close—ten times closer than the orbit of the moon—flying over the eastern Indian Ocean near Sumatra (map). (Watch: "Moon 101.")

Future Impact?

Chodas and his team have been keeping a close eye on the cosmic intruder, and orbital calculations of its trajectory show that there is no chance for impact.

But the researchers have not yet ruled out future chances of a collision. This is because asteroids of this size are too faint to be detected until they come quite close to the Earth, said Chodas.

"There is still a tiny chance that it might hit us on some future passage by the Earth; for example there is [a] 1-in-200,000 chance that it could hit us in the year 2080," he said.

"But even that tiny chance will probably go away within the week, as the asteroid's orbit gets tracked with greater and greater accuracy and we can eliminate that possibility."

Earth collision with an object of this size is expected to occur every 1,200 years on average, said Donald Yeomans, NEO program manager, at a NASA news conference this week.

DA14 has been getting closer and closer to Earth for quite a while—but this is the asteroid's closest approach in the past hundred years. And it probably won't get this close again for at least another century, added Yeomans.

While no Earth impact is possible next week, DA14 will pass 5,000 miles inside the ring of orbiting geosynchronous weather and communications satellites; so all eyes are watching the space rock's exact trajectory. (Learn about the history of satellites.)

"It's highly unlikely they will be threatened, but NASA is working with satellite providers, making them aware of the asteroid's pass," said Yeomans.

Packing a Punch

Experts say an impact from an object this size would have the explosive power of a few megatons of TNT, causing localized destruction—similar to what occurred in Siberia in 1908.

In what's known as the "Tunguska event," an asteroid is thought to have created an airburst explosion which flattened about 750 square miles (1,200 square kilometers) of a remote forested region in what is now northern Russia (map).

In comparison, an impact from an asteroid with a diameter of about half a mile (one kilometer) could temporarily change global climate and kill millions of people if it hit a populated area.

Timothy Spahr, director of the Minor Planet Center at Cambridge, Massachusetts, said that while small objects like DA14 could hit Earth once a millennia or so, the largest and most destructive impacts have already been catalogued.

"Objects of the size that caused the extinction of the dinosaurs have all been discovered," said Spahr. (Learn about what really happened to the dinosaurs.)

A survey of nearly 9,500 near-Earth objects half a mile (one kilometer) in diameter is nearly complete. Asteroid hunters expect to complete nearly half of a survey of asteroids several hundred feet in diameter in the coming years.

"With the existing assets we have, discovering asteroids rapidly and routinely, I continue to expect the world to be safe from impacts in the future," added Spahr.

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Alleged Cop-Killer Has Calif. Region on Edge

The truck owned and driven by suspected cop killer Christopher Dorner during his alleged rampage through the Los Angeles area was found deserted and in flames on the side of Bear Mountain, Calif., this afternoon.

Heavily armed SWAT team members descended onto Bear Mountain from a helicopter manned with snipers today to investigate the fire. The San Bernadino Sheriff's Department confirmed the car was Dorner's.

Dorner, a former Los Angeles police officer and Navy reservist, is believed to have killed one police officer and injured two others early this morning in Riverside, Calif. He is also accused of killing two civilians on Sunday after releasing a scathing "manifesto" alleging grievances committed by the police department while he worked for it and warning of coming violence toward cops.

Read More About Chris Dorner's Allegations Against the LAPD

Heavily armed officers spent much of Thursday searching for signs of Dorner, investigating multiple false leads into his whereabouts and broadcasting his license plate and vehicle description across the California Highway System.

Around 3:45 p.m. ET, police responded to Bear Mountain, where two fires were reported, and set up a staging area in the parking lot of a ski resort. They did not immediately investigate the fires, but sent a small team of heavily armed officers up in the helicopter to descend down the mountain toward the fire.

Christopher Dorner: Ex-Cop Wanted in Killing Spree Watch Video

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The officers, carrying machine guns and searching the mountain for any sign of Dorner, eventually made it to the vehicle and identified it as belonging to Dorner. They have not yet found Dorner.

Late this afternoon, CNN announced that Dorner had sent a package containing his manifesto and a DVD to its offices.

PHOTOS: Former LAPD Officer Suspected in Shootings

Police officers across Southern California were on the defensive today, scaling back their public exposure, no longer responding to "barking-dog calls" and donning tactical gear outdoors.

Police departments have stationed officers in tactical gear outside police departments, stopped answering low-level calls and pulled motorcycle patrols off the road in order to protect officers who might be targets of Dorner's alleged rampage.

"We've made certain modifications of our deployments, our deviations today, and I want to leave it at that, and also to our responses," said Chief Sergio Diaz of the police department in Riverside, Calif., where the officers were shot. "We are concentrating on calls for service that are of a high priority, threats to public safety, we're not going to go on barking dog calls today."

Sgt. Rudy Lopez of the Los Angeles Police Department said Dorner is "believed to be armed and extremely dangerous."

Early Thursday morning, before they believe he shot at any police officers, Dorner allegedly went to a yacht club near San Diego, where police say he attempted to steal a boat and flee to Mexico.

He aborted the attempted theft when the boat's propeller became entangled in a rope, law enforcement officials said. It was then that he is believed to have headed to Riverside, where he allegedly shot two police officers.

"He pointed a handgun at the victim [at the yacht club] and demanded the boat," said Lt. David Rohowits of the San Diego Police Department.

Police say the rifle marksman shot at four officers in two incidents overnight, hitting three of them: one in Corona, Calif., and the two in Riverside, Calif.

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