Fort Hood shooting judge removed for showing bias

FILE - This undated file photo provided by the Bell County Sheriff's Department via The Temple Daily Telegram shows Nidal Hasan, the Army psychiatrist charged in the deadly 2009 Fort Hood shooting rampage. A military appeals court has thrown out a judge's order to forcibly shave the Fort Hood shooting suspect and removed the judge from the case. The U.S. Court of Appeals for the Armed Forces ruled Monday, Dec. 3, 2012 that Col. Gregory Gross didn't appear impartial while presiding over the case of Maj. Nidal Hasan. (AP Photo/Bell County Sheriff's Department via The Temple Daily Telegram, File)

FILE - This undated file photo provided by the Bell County Sheriff's Department via The Temple Daily Telegram shows Nidal Hasan, the Army psychiatrist charged in the deadly 2009 Fort Hood shooting rampage. A military appeals court has thrown out a judge's order to forcibly shave the Fort Hood shooting suspect and removed the judge from the case. The U.S. Court of Appeals for the Armed Forces ruled Monday, Dec. 3, 2012 that Col. Gregory Gross didn't appear impartial while presiding over the case of Maj. Nidal Hasan. (AP Photo/Bell County Sheriff's Department via The Temple Daily Telegram, File)

FORT WORTH, Texas (AP) ? A military judge has been thrown off the Fort Hood deadly shooting case after an appeals court found that his treatment of the suspect, including an order to have the man forcibly shaved, indicated a lack of impartiality.

It was not immediately clear what impact the U.S. Court of Appeals for the Armed Forces ruling Monday would have on the long-delayed military trial of Maj. Nidal Hasan. The Army psychiatrist is charged with 13 counts of murder in the 2009 shooting rampage.

Hasan appealed after Col. Gregory Gross ordered that he must be clean-shaven or forcibly shaved before his military trial, which was supposed to begin three months ago. It has been on hold pending the appeals. Hasan has argued that his beard is a requirement of his Muslim faith. Facial hair violates Army regulations.

An Army appeals court upheld the shaving requirement in October, but on Monday the appeals court said the command, not the judge, is responsible for enforcing grooming standards.

Gross had repeatedly said Hasan's beard was a disruption to the court proceedings, but the military appeals court ruled there was insufficient evidence to show that was true.

"Should the next military judge find it necessary to address (Hasan's) beard, such issues should be addressed and litigated anew," judges wrote in the ruling.

Gross found Hasan in contempt of court at six pretrial hearings because of his beard and sent him to a trailer to watch the proceedings on a closed-circuit television. The appeals court's ruling also vacated the contempt of court convictions.

The court said it was not ruling on whether the judge's order violated Hasan's religious rights.

Lead defense attorney Lt. Col. Kris Poppe said the judge showed a bias against Hasan when he asked defense attorneys to clean up a court restroom after Gross found a medical waste bag, adult diaper and what appeared to be feces on the floor after a June hearing. Hasan, who is paralyzed from the waist down after being shot by police on the day of the shootings, has to wear adult diapers ? but the mess in the restroom that day was mud from a guard's boots, Poppe said.

"In light of these rulings, and the military judge's accusations regarding the latrine, it could reasonably appear to an objective observer that the military judge had allowed the proceedings to become a duel of wills between himself and (Hasan) rather than an adjudication of the serious offenses with which (Hasan) is charged," judges wrote in the ruling.

Fort Hood officials said late Monday that proceedings in the case will resume after a new judge is appointed by the Army's highest legal branch. This indicates Army prosecutors will not appeal to the U.S. Supreme Court.

Hasan faces the death penalty if convicted in the shootings on the Texas Army post that killed 13 people and wounded more than two dozen others.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/386c25518f464186bf7a2ac026580ce7/Article_2012-12-04-Fort%20Hood%20Shooting/id-31a0ebe00e2748f7b0957674f4728289

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Bowerbirds Use Geometry to Woo Females

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The Wicked and Beautiful Turbulence Problems of the Giant Airbus A380

This beautiful shot was made for the first episode of Richard Hammond's: Engineering Connections, which was dedicated to the Airbus A380. Apparently, wind tunnels can look like the lair of the wicked witch in an old Disney animation movie. More »

Source: http://feeds.gawker.com/~r/gizmodo/full/~3/Fzp6YFwIamM/the-wicked-and-beautiful-turbulence-problems-of-the-giant-airbus-a380

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Wall Street sours on weak domestic factory data

NEW YORK (Reuters) - Stocks struggled to extend the previous week's gains, dropping on Monday as disappointing U.S. factory numbers dampened optimism about China's economic growth.

The declines broke a three-day streak of gains for the S&P 500, keeping it shy of its 50-day moving average of about 1,420, a level that the index has been below since October 22, and now serving as a key resistance point for investors.

Manufacturing activity in the United States surprisingly contracted in November, the Institute for Supply Management said, dropping to its lowest level in more than three years. Economic data has been mixed in recent months, fanning worries about the pace of growth at a time when investors are already concerned about the "fiscal cliff" issue in Washington.

The ISM number "was below expectations that were already conservative, and that puts an exclamation point on the concern many of us have about the cliff's impact on the economy," said Leo Grohowski, chief investment officer at BNY Mellon Wealth Management in New York.

Markets had opened higher as output by China's factories grew in November for the first time in more than a year, data showed. Investors look to strength from China, the world's second-largest economy, to offset weak growth in the United States and Europe.

Still, the fiscal cliff remains investors' primary focus, with political haggling continuing over how to deal with large automatic spending cuts and tax hikes scheduled to kick in next year. The worry is that the combination of reduced spending and higher taxes could tip the U.S. economy back into recession.

While off its highs for the year, the S&P 500 is still up 12.1 percent for 2012.

"This could be the last opportunity for investors to take profits" after an unexpectedly strong year, said Grohowski, who helps oversee about $170 billion in assets.

Materials were the weakest sector on Monday, led lower by Newmont Mining after the company said its CEO resigned. Newmont's stock fell 3 percent to $45.69. Dow component DuPont dropped 1.7 percent to $42.39. An S&P materials index <.gspm> lost 1.8 percent.

The Dow Jones industrial average <.dji> fell 59.98 points, or 0.46 percent, to 12,965.60 at the close. The Standard & Poor's 500 Index <.spx> declined 6.72 points, or 0.47 percent, to 1,409.46. The Nasdaq Composite Index <.ixic> dropped 8.04 points, or 0.27 percent, to end at 3,002.20.

U.S. Treasury Secretary Timothy Geithner pushed Republicans on Sunday to offer specific ideas to cut the deficit. He predicted that they would agree to raise tax rates on the rich to obtain a year-end deal to avoid the fiscal cliff.

Among other factors serving to offset the ISM report on U.S. factories were two developments in the euro zone: Spain formally requested the disbursement of more than $50 billion of European funds to recapitalize its crippled banking sector, while Greece said it would spend 10 billion euros ($13 billion) to buy back bonds in a bid to reduce its ballooning debt.

The PHLX Europe sector index <.xex> added 0.1 percent.

Dell shares gained 4.4 percent to $10.06. The stock was one of the biggest percentage gainers in both the S&P 500 and Nasdaq 100 <.ndx> after Goldman Sachs upgraded the stock to "buy" from "sell.

Advanced Micro Devices was the S&P's top gainer, rising 7.3 percent to $2.36. Options traders appeared to be betting on further gains ahead. Early options order flow was focused on upside April calls, including a sweep of 3,594 April $3.50 strike calls for 16 cents per contract when the market was 14 cents to 16 cents, said WhatsTrading.com options strategist Frederic Ruffy.

Retail stocks were among the weakest of the day, with J.C. Penney Co off 3.2 percent at $17.36 and Staples Inc off 2.3 percent at $11.43. Consumer discretionary names tend to underperform during periods of economic uncertainty as consumers focus on core purchases.

Volume was light, with about 5.58 billion shares traded on the New York Stock Exchange, the Nasdaq and the NYSE MKT, well below last year's daily average of 7.84 billion.

Decliners outnumbered advancers on the NYSE by a ratio of 3 to 2, while on the Nasdaq, about 14 stocks fell for every 11 that rose.

(Additional reporting by Doris Frankel; Editing by Jan Paschal)

Source: http://news.yahoo.com/stock-index-futures-signal-early-gains-085811815--finance.html

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Fed's Bullard: watching recent signs of economic weakness closely

LITTLE ROCK, Arkansas (Reuters) - St. Louis Federal Reserve President James Bullard said on Monday that he was still forecasting 3.5 percent economic growth next year, but acknowledged that recent signals of activity had been weak.

"I am concerned about it and we are watching the data very carefully," Bullard told reporters after delivering remarks here. "Some of the tracking estimates of Q4 (fourth quarter) GDP (gross domestic product) are declining."

He said the estimate for 3.5 percent growth in 2013 was based upon U.S. leaders safely avoiding a year-end fiscal cliff of tax hikes and spending cuts, and that he would have to revise his call down if they could not come to an agreement.

(Reporting by Alister Bull; Editing by Chizu Nomiyama)

Source: http://news.yahoo.com/feds-bullard-watching-recent-signs-economic-weakness-closely-200801142--business.html

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GOP issues a new 'fiscal cliff' offer to Obama

FILE - This Nov. 29, 2012 file photo shows House Speaker John Boehner of Ohio speaking to reporters on Capitol Hill in Washington. House Republicans negotiating with President Barack Obama on avoiding the so-called fiscal cliff are proposing to increase the eligibility age for Medicare and to lower cost-of-living hikes in Social Security benefits. Boehner said the GOP proposal is a "credible plan" for Obama and that he hopes the administration would "respond in a timely and responsible way." (AP Photo/J. Scott Applewhite, File)

FILE - This Nov. 29, 2012 file photo shows House Speaker John Boehner of Ohio speaking to reporters on Capitol Hill in Washington. House Republicans negotiating with President Barack Obama on avoiding the so-called fiscal cliff are proposing to increase the eligibility age for Medicare and to lower cost-of-living hikes in Social Security benefits. Boehner said the GOP proposal is a "credible plan" for Obama and that he hopes the administration would "respond in a timely and responsible way." (AP Photo/J. Scott Applewhite, File)

In this Nov. 30, 2012, photo provided by CBS News Treasury Secretary Timothy Geithner answers questions about averting the "fiscal cliff" on an episode of ?Face the Nation? on Sunday, Dec. 2, 2012 Geithner said Republicans have to stop using fuzzy ?political math? and say how much they are willing to raise tax rates on the wealthiest 2 percent of Americans and then specify the spending cuts they want. (AP Photo/CBS News, Chris Usher)

WASHINGTON (AP) ? House Republicans put forth a $2.2 trillion "fiscal cliff" counteroffer to President Barack Obama on Monday, calling for raising the eligibility age for Medicare, lowering cost-of-living hikes for Social Security benefits and bringing in $800 billion in higher tax revenue ? but not raising rates for the wealthy.

The White House declared the Republicans still weren't ready to "get serious" and again vowed tax rate increases will be in any measure Obama signs to prevent the government from the cliff's automatic tax hikes and sharp spending cuts. Administration officials also hardened their insistence that Obama is willing to take the nation over the cliff rather than give in to Republicans and extend the tax cuts for upper-income earners.

With the clock ticking toward the year-end deadline, House Speaker John Boehner, R-Ohio, and other Republicans said they were proposing a "reasonable solution" for negotiations that Boehner says have been going nowhere. Monday's proposal came in response to Obama's plan last week to raise taxes by $1.6 trillion over the coming decade but largely exempt Medicare and Social Security from budget cuts.

Though the GOP plan proposes to raise $800 billion in higher tax revenue over the same 10 years, it would keep the Bush-era tax cuts ? including those for wealthier earners targeted by Obama ? in place for now. Dismissing the idea of raising any tax rates, the Republicans said the new revenue would come from closing loopholes and deductions while lowering rates.

Boehner called that a "credible plan" and said he hoped the administration would "respond in a timely and responsible way." The offer came after the administration urged Republicans to detail their proposal to cut popular benefit programs like Medicare, Social Security and Medicaid.

The White House complained the latest offer was still short on details about what loopholes would be closed or deductions eliminated, and it insisted that any compromise include higher tax rates for upper-income earners.

Asked directly whether the country would go over the cliff unless GOP lawmakers backed down, administration officials said yes. Officials said they remained hopeful that scenario could be avoided, saying the president continues to believe that going over the cliff would be damaging to the economy. And they signaled that Obama wouldn't insist on bringing the top tax rate all the way back to the 39.6 percent rates of the Clinton era. The officials spoke on condition of anonymity because they were not authorized to speak publicly about internal White House deliberations.

"Until the Republicans in Congress are willing to get serious about asking the wealthiest to pay slightly higher tax rates, we won't be able to achieve a significant, balanced approach to reduce our deficit our nation needs," White House Communications Director Dan Pfeiffer said in a statement.

Boehner saw the situation as just the reverse.

"After the election I offered to speed this up by putting revenue on the table and unfortunately the White House responded with their la-la land offer that couldn't pass the House, couldn't pass the Senate and it was basically the president's budget from last February," he said Monday.

The GOP proposal itself revives a host of ideas from failed talks with Obama in the summer of 2011. Then, Obama was willing to discuss politically risky ideas such as raising the eligibility age for Medicare, implementing a new inflation adjustment for Social Security cost-of-living adjustments and requiring wealthier Medicare recipients to pay more for their benefits.

Monday's Republican plan contains few specific and anticipates that myriad details will have to be filled in next year in legislation overhauling the tax code and curbing the growth of benefit programs.

Tine is growing shorter before the deadline to avert the fiscal cliff, which is a combination of expiring Bush-era tax cuts and automatic, across-the-board spending cuts that are the result of prior failures of Congress and Obama to make a budget deal.

Many economists say such a one-two punch could send the fragile economy back into recession.

GOP aides said their plan is based on one presented by Erskine Bowles, co-chairman of a deficit commission Obama appointed earlier in his term, in testimony to a special deficit "supercommittee" last year ? in effect a milder version of a 2010 Bowles proposal that caused both GOP and Democratic leaders in Congress to recoil.

Unlike Bowles' official 2010 plan, drafted with former GOP Sen. Alan Simpson, the version released Monday drops the earlier endorsement of Obama's proposal to increase tax rates on family income exceeding $250,000 back to Clinton-era levels, with the top rate jumping from 35 percent to 39.6 percent.

Bowles, in a statement, said he was flattered but the GOP plan does not represent his proposal.

Still, he added, "Every offer put forward brings us closer to a deal, but to reach an agreement, it will be necessary for both sides to move beyond their opening positions."

By GOP math, their plan would produce $2.2 trillion in budget savings over the coming decade: $800 billion in higher taxes, $600 billion in savings from costly health care programs like Medicare, $300 billion from other proposals such as forcing federal workers to contribute more toward their pensions and $300 billion in additional savings from the Pentagon budget and domestic programs funded by Congress each year.

Boehner signaled in discussions with Obama in 2011 that he was willing to accept up to $800 billion in higher tax revenues, but his aides maintained that much of that money would have come from so-called dynamic scoring ? a conservative approach in which economic growth would have accounted for much of the revenue. Now, Boehner is willing to accept the estimates of official scorekeepers like the Congressional Budget Office, whose models reject dynamic scoring.

Under the administration's math, GOP aides said, the plan represents $4.6 trillion in 10-year savings. That estimate accounts for earlier cuts enacted during last year's showdown over lifting the government's borrowing cap and also factors in war savings and lower interest payments on the $16.4 trillion national debt.

Last week, the White House delivered to Capitol Hill its opening proposal: $1.6 trillion in higher taxes over a decade, a possible extension of the temporary Social Security payroll tax cut and heightened presidential power to raise the national debt limit.

In exchange, the president would back $600 billion in spending cuts, including $350 billion from Medicare and other health programs. But he also wants $200 billion in new spending for jobless benefits, public works projects and aid for struggling homeowners. His proposal for raising the ceiling on government borrowing would make it virtually impossible for Congress to block him going forward.

Republicans said they responded in closed-door meetings with laughter and disbelief.

The GOP plan is certain to whip up opposition from Democrats opposed to any action now on Social Security, whose defenders say should not be part of any fiscal cliff deal. And Democrats also are deeply skeptical of raising the Medicare age.

Both ideas were part of negotiations between Boehner and Obama in the summer of last year.

In a letter to the president, Boehner and six other House Republicans insisted that the November election that returned Obama to the White House and the GOP to majority control in the House requires both parties to come together "on a fair middle ground."

"With the fiscal cliff nearing, our priority remains finding a reasonable solution that can pass both the House and Senate, and be signed into law in the next couple of weeks," Republicans wrote.

One of the few things the White House and Capitol Hill Republicans can agree to is a framework that would make a "down payment" on the deficit and extend all or most of the expiring Bush-era tax cuts but leave most of the legislative grunt work until next year.

Signing the letter was Boehner, House Majority Leader Eric Cantor, Majority Whip Kevin McCarthy and Rep. Paul Ryan, the chairman of the House Budget Committee and the unsuccessful GOP vice presidential candidate. Rep. Dave Camp, chairman of the Ways and Means Committee, Fred Upton, chairman of the Energy and Commerce Committee, and Cathy McMorris Rodgers, the Republican Conference chair, also signed the letter.

Earlier Monday, Obama answered questions on Twitter for an hour as the White House sought to keep up the pressure on the issue.

In response to a question about his insistence on higher tax rates for the wealthiest earners, Obama said that "high end tax cuts do (the) least for economic growth & cost almost $1T." By contrast, he said, "extending middle class cuts boosts consumer demand & growth."

Obama said he was open to "smart cuts" in spending, "but not in areas like R&D" and education, which "help growth & jobs." He also said he opposes spending cuts that would hurt the disabled or other vulnerable groups.

___

Associated Press writers Matthew Daly and Julie Pace contributed to this report.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/386c25518f464186bf7a2ac026580ce7/Article_2012-12-03-Fiscal%20Cliff/id-a3aa22533c5f4b80a0d85f571c4ecfc5

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'Twilight' wins weekend, 'Skyfall' trails closely

FILE - This Oct. 22, 2012 file photo shows British actor Robert Pattinson, right, having his photo taken with fans upon arrival for an exclusive fan event for the final chapter of the Twilight Saga "Breaking Dawn Part 2" in Sydney, Australia. Thanksgiving newcomers have been unable to knock off the big three at the box office: Bella, Bond and Abe Lincoln. Kristen Stewart's finale as Bella Swan led the holiday weekend ticket sales. (AP Photo/Rob Griffith, File)

FILE - This Oct. 22, 2012 file photo shows British actor Robert Pattinson, right, having his photo taken with fans upon arrival for an exclusive fan event for the final chapter of the Twilight Saga "Breaking Dawn Part 2" in Sydney, Australia. Thanksgiving newcomers have been unable to knock off the big three at the box office: Bella, Bond and Abe Lincoln. Kristen Stewart's finale as Bella Swan led the holiday weekend ticket sales. (AP Photo/Rob Griffith, File)

LOS ANGELES (AP) ? Holdover films remained tops at the weekend box office as the "Twilight" finale finished at No. 1 again with $17.4 million and the James Bond tale "Skyfall" ran a close second with $16.6 million.

The top 20 movies at U.S. and Canadian theaters Friday through Sunday, followed by distribution studio, gross, number of theater locations, average receipts per location, total gross and number of weeks in release, as compiled Monday by Hollywood.com are:

1. "The Twilight Saga: Breaking Dawn ? Part 2," Summit, $17,416,362, 4,008 locations, $4,345 average, $254,598,866, three weeks.

2. "Skyfall," Sony, $16,555,894, 3,463 locations, $4,781 average, $245,585,083, four weeks.

3. "Rise of the Guardians," Paramount, $13,388,852, 3,672 locations, $3,646 average, $48,836,105, two weeks.

4. "Lincoln," Disney, $13,376,696, 2,018 locations, $6,629 average, $83,566,169, four weeks.

5. "Life of Pi," Fox, $12,151,853, 2,928 locations, $4,150 average, $48,512,994, two weeks.

6. "Wreck-It Ralph," Disney, $6,948,550, 3,087 locations, $2,251 average, $158,184,813, five weeks.

7. "Killing Them Softly," Weinstein Co., $6,812,900, 2,424 locations, $2,811 average, $6,812,900, one week.

8. "Red Dawn," FilmDistrict, $6,500,245, 2,781 locations, $2,337 average, $31,272,953, two weeks.

9. "Flight," Paramount, $4,479,067, 2,603 locations, $1,721 average, $81,465,903, five weeks.

10. "The Collection," LD Entertainment, $3,104,269, 1,403 locations, $2,213 average, $3,104,269, one week.

11. "Silver Linings Playbook," Weinstein Co., $3,090,131, 371 locations, $8,329 average, $10,740,112, three weeks.

12. "Anna Karenina," Focus, $2,245,570, 384 locations, $5,848 average, $4,106,921, three weeks.

13. "Argo," Warner Bros., $2,010,349, 1,043 locations, $1,927 average, $100,990,766, eight weeks.

14. "Talaash," Reliance Big Pictures, $1,638,706, 172 locations, $9,527 average, $1,638,706, one week.

15. "Taken 2," Fox, $467,975, 496 locations, $943 average, $137,163,554, nine weeks.

16. "Hitchcock," Fox Searchlight, $408,692, 50 locations, $8,174 average, $787,574, two weeks.

17. "Pitch Perfect," Universal, $387,070, 403 locations, $960 average, $63,099,243, 10 weeks.

18. "The Sessions," Fox, $333,315, 226 locations, $1,475 average, $4,582,181, seven weeks.

19. "Cloud Atlas," Warner Bros., $243,338, 194 locations, $1,254 average, $26,181,455, six weeks.

20. "Here Comes the Boom," Sony, $224,797, 334 locations, $673 average, $42,352,250, eight weeks.

___

Online:

http://www.hollywood.com

___

Universal and Focus are owned by NBC Universal, a unit of Comcast Corp.; Sony, Columbia, Sony Screen Gems and Sony Pictures Classics are units of Sony Corp.; Paramount is owned by Viacom Inc.; Disney, Pixar and Marvel are owned by The Walt Disney Co.; Miramax is owned by Filmyard Holdings LLC; 20th Century Fox and Fox Searchlight are owned by News Corp.; Warner Bros. and New Line are units of Time Warner Inc.; MGM is owned by a group of former creditors including Highland Capital, Anchorage Advisors and Carl Icahn; Lionsgate is owned by Lions Gate Entertainment Corp.; IFC is owned by AMC Networks Inc.; Rogue is owned by Relativity Media LLC.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/4e67281c3f754d0696fbfdee0f3f1469/Article_2012-12-03-Box%20Office/id-fbf0bd37531740c2821cb52cc8709129

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