Court says Obama exceeded authority in making appointments

President Obama exceeded his constitutional authority by making appointments when the Senate was on a break last year, a federal appeals court ruled Friday. The court’s broad ruling would sharply limit the power that presidents throughout history have used to make recess appointments in the face of Senate opposition and inaction.

A unanimous three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit flatly rejected the Obama administration’s rationale for appointing three members of the National Labor Relations Board (NLRB) while the Senate was on a holiday break.

Chief Judge David B. Sentelle sharply criticized the administration’s interpretation of when recess appointments may be made, saying it would give the president “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 issue seems certain to end up before the Supreme Court, which ultimately could clarify a president’s authority to fill his administration and appoint federal judges when a minority of the Senate blocks consideration of his choices.

Although recess appointments have been made throughout the nation’s history, they have been more commonly made by modern presidents who face partisan opposition that has made it hard for nominees to even receive a vote in the Senate.

Additionally, Friday’s decision casts doubt on hundreds of decisions the NLRB has made in the past year, ranging from enforcement of collective-bargaining agreements to rulings on the rights of workers to use social media.

The ruling also raises questions about the recess appointment of former Ohio attorney general Richard Cordray to head the fledgling Consumer Financial Protection Bureau and about the actions taken by the agency during his tenure, including major new rules governing the mortgage industry. Obama named Cordray at the same time as the NLRB nominees, and his appointment is the subject of a separate lawsuit in D.C. federal court.

The White House criticized the court ruling. “The decision is novel and unprecedented, and it contradicts 150 years of practice by Democratic and Republican administrations,” White House press secretary Jay Carney told reporters Friday. “We respectfully but strongly disagree with the ruling.”

Presidents from both parties have made hundreds of recess appointments when the Senate has failed to act on nominations. Ronald Reagan holds the record with 243. Obama’s predecessor, George W. Bush, made 105, and it was during his term that Senate Democrats began holding pro-forma sessions, some lasting less than a minute, when the Senate went on break. They contended that that kept the Senate in session and did not allow Bush to make recess appointments.

Republicans took up the practice when Obama was elected. But Obama decided to challenge it in January 2012, when the Senate was on a 20-day holiday but holding pro-forma sessions every three business days to block presidential action.

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French-led troops seize airport in Mali Islamist bastion

BAMAKO: French-led forces Saturday wrested control of the airport at the Islamist stronghold of Gao, 1,200 kilometres (750 miles) northeast of the Mali capital Bamako, a security source said.

"Malian and French security forces have secured the airport of Gao and the Wanbary bridge. The two strategic points are under their control," the Malian source said.

The airport is located about six kilometres east of Gao while the bridge lies on the southern entrance to the town, held by the Al Qaeda-linked Movement for Jihad and Oneness (MUJAO) since June.

The security source did not mention any fighting.

Other sources said the Islamists had left the town after the start of a French-led military offensive on January 11 to stop a triad of Al Qaeda-linked groups from pushing down from their northern bastions towards Bamako.

In April last year, Gao, Timbuktu and Kidal were seized by an alliance of Tuareg rebels -- who wanted to declare an independent homeland in the north -- and hardline Islamist groups.

The Islamist groups include MUJAO, Ansar Dine, a homegrown Islamist group, and Al-Qaeda in the Maghreb, of which MUJAO is an offshoot.

The Islamists quickly sidelined the Tuaregs to implement their own Islamic agenda. They imposed a harsh interpretation of sharia law, flogging, stoning and executing transgressors, forbidding music and television and forcing women to wear veils.

- AFP/ck

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Four drown in Kerala houseboat capsize

ALAPPUZHA: Four tourists from Tamil Nadu drowned as the houseboat they were cruising tilted and capsized at Punnamada lake here on Saturday, police said.

The boat had 61 tourists and all but the four, including three women and a child, were rescued. They were rushed to a hospital where they were declare dead, sources said.

The mishap happened close to the landing point where the tourists were being shifted from one boat to another. The boat tilted to one side before it partly got submerged into water.

Those who died had got trapped in the submerged part of the boat.

The exact place in Tamil Nadu from where the tourists had come was yet to be ascertained, police said.

Punnamada lake is the hub of water tourism in Kerala where a large number of houseboats operate.

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Pictures: The Story Behind Sun Dogs, Penitent Ice, and More

Photograph by Art Wolfe, Getty Images

If you want the beauty of winter without having to brave the bone-chilling temperatures blasting much of the United States this week, snuggle into a soft blanket, grab a warm beverage, and curl up with some of these natural frozen wonders.

Nieve penitente, or penitent snow, are collections of spires that resemble robed monks—or penitents. They are flattened columns of snow wider at the base than at the tip and can range in height from 3 to 20 feet (1 to 6 meters). The picture above shows the phenomenon in central Chile. (See pictures of the patterns in snow and ice.)

Nieve penitente tend to form in shallow valleys where the snow is deep and the sun doesn't shine at too steep an angle, said Kenneth Libbrecht, a physicist at the California Institute of Technology in Pasadena who studies ice crystal formation.

As the snow melts, dirt gets mixed in with the runoff and collects in little pools here and there, he said. Since the dirt is darker in color than the surrounding snow, the dirty areas melt faster "and you end up digging these pits," explained Libbrecht.

"They tend to form at high altitude," he said. But other than that, no one really knows the exact conditions that are needed to form penitent snow.

"They're fairly strong," Libbrecht said. "People have found [the spires] difficult to hike through."

—Jane J. Lee

Published January 25, 2013

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Cops Using More Private Cameras to Nab Suspects

Philadelphia detectives were able to quickly make an arrest in the murder and burning of a female pediatrician by viewing surveillance video of nearby stores and a hospital that captured the suspect entering the doctor's home and later getting into his truck.

In the hours after Dr. Melissa Ketunuti's body was found strangled and burning in her basement, city's Homicide Task Force collected surveillance footage from a coffee shop, drug store and hospital overlooking Ketunuti's block. It was footage taken from Ori Feibush's coffee shop that allowed cops to identify Smith.

The suspect, an exterminator named Jason Smith, soon confessed to detectives, police said.

Lately a range of crimes have been solved by the seemingly ubiquitous security videos maintained by private companies or citizens, and investigators have been able to quickly apprehend suspects by obtaining the video, deftly turning private cameras into effective police resources.

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Private surveillance cameras have become so pervasive that the face of a suspect who allegedly shot a Bronx, N.Y., cab driver in a botched robbery on Jan. 14 was splashed throughout the media within days because the cabbie had rigged his vehicle with a camera.

The New York Police Department arrested Salvatore Perrone after he was caught on surveillance video recorded near two of three shopkeeper slayings in Brooklyn, N.Y., in November. He has since been charged with murder.

And in Mesa, Ariz., surveillance footage taken in November by resident Mitch Drum showed a man rolling on the ground trying to extinguish flames that had engulfed his shirt, which had caught fire while he was allegedly siphoning gas from a car by Drum's house. The man was arrested.

Though surveillance cameras have been a staple of security since a network of government operated cameras dubbed the "ring of steel" was introduced in London in the early 1990s, police have recently launched programs to partner with more businesses.

In Philadelphia, police have launched a program for businesses to register private cameras with the department. According to the SafeCam website, businesses will only be contacted when there is a criminal incident in the vicinity of the security camera. At that point, police will request a copy of the footage for their investigation.

"Businesses are saying, 'I have a camera at this location, and it may or may not be of use to you. It's a registration to say, 'feel free to call me,'" Sgt. Joseph Green told ABCNews.com

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Football: Balotelli going nowhere this month, says Mancini

MANCHESTER, United Kingdom: Manchester City manager Roberto Mancini has once again rejected speculation linking Mario Balotelli with AC Milan and admits he is struggling to add to his squad ahead of next week's transfer deadline.

The Italy striker has made just seven Premier League starts this season after a string of controversial incidents.

Balotelli, 22, attempted to take the club to a Premier League tribunal in December after contesting fines for his poor disciplinary record.

Milan vice president Adriano Galliani has told City they need to lower their asking price for Balotelli, who has also been linked with a loan move to the San Siro.

But Mancini has dismissed the prospects of Milan signing Balotelli before the transfer window closes on Thursday.

He also added that it would be "difficult" for City to sign more players themselves and stated that it is not just Balotelli that he is looking to keep hold of.

Mancini said: "For two years it's always the question. It's not true. Mario's staying here. We haven't had any requests about Mario or any other player.

"Mario has another three years on his contract.

"We don't have enough players, we are 18 players now and we can't sell any players.

"Every day we talk about Mario. There is sometimes speculation about Mario."

Mancini has also played down reports that director of football Txiki Begiristain, who joined the club from Barcelona last year, has stipulated that City will play in a 4-3-3 system and all future signings will be purchased with that shape in mind.

The City manager insists it would be wrong to attempt to copy Barcelona's playing style.

He added: "I don't know but I speak with Txiki every day and he never told me this and we have the same thoughts about football and it's not more important to play 4-3-3, 4-4-2 or 4-5-1, it's important to have good players.

"Everyone wants to play like Barca but Barca is one, like Real Madrid or AC Milan, it's impossible to play like Barca but you can win if you play different styles.

"We are agreeing about everything because we think the same about football. We are the same. We don't have a different view."

French midfielder Samir Nasri is Mancini's only fresh injury concern ahead of their FA Cup fourth round trip to Stoke on Saturday.

The former Arsenal man has been struggling with illness and may miss the game at the Britannia Stadium.

City beat Stoke in the 2011 final to end a 35-year trophy drought in Mancini's first full season in charge.

The Italian then guided the club to the league title last season but has never contemplated what might have happened to him if City had not won the cup two years ago.

He said: "I don't think about this. We wanted to win that final, to start to win and it was an important moment for us. We want to try to do this every year if it's possible.

"We have the FA Cup and Premier League this year and we want to try to win. It's important for us to try to win every year.

"I have good memories. It was a fantastic moment to win a trophy after 35 years. It was important because we worked hard and it was good for the club and the supporters. A really good moment.

"I think that not only for us, every team that goes to the Britannia has a problem because Stoke are strong, physical and every team has a problem with this but in the last two years we've played well, had chances to win and been unlucky."

-AFP/ac

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875 police personnel awarded on Republic Day; CRPF tops list

NEW DELHI: A total of 875 police and para-military personnel have been decorated by the President for gallantry and outstanding services on Republic Day eve with CRPF topping the list.

Constable Daler Singh (posthumous) from Jammu and Kashmir is the lone recipient of the President's Police Medal for Gallantry (PPMG) this time, a Home Ministry statement said today.

Police Medal for Gallantry (PMG) has been awarded to 115 personnel, President's Police Medal for Distinguished Service to 88 officials and Police Medal for Meritorious Service to 671 personnel.

"37 personnel have been awarded Correctional Service Medals- President's Correctional Service Medals for Distinguished Service to five, Correctional Service Medals for Meritorious Service to 29 and President's Correctional Service Medal for Gallantry to three persons," the statement said.

The CRPF-- country's lead force for conducting anti-Naxal operations, has emerged as the lead organisation with 95 medals under all categories.

The force also got a maximum of 32 gallantry medals, majority of them in anti-Maoist operations domain.

Personnel of Jammu and Kashmir police have been awarded 21 President's medals for gallantry.

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Deformed Dolphin Accepted Into New Family

In 2011, behavioral ecologists Alexander Wilson and Jens Krause of the Leibniz-Institute of Freshwater Ecology and Inland Fisheries in Germany were surprised to discover that a group of sperm whales (Physeter macrocephalus)—animals not usually known for forging bonds with other species—had taken in an adult bottlenose dolphin (Tursiops truncatus).

The researchers observed the group in the ocean surrounding the Azores (map)—about 1,000 miles (1,600 kilometers) off the coast of Lisbon, Portugal—for eight days as the dolphin traveled, foraged, and played with both the adult whales and their calves. When the dolphin rubbed its body against the whales, they would sometimes return the gesture.

Among terrestrial animals, cross-species interactions are not uncommon. These mostly temporary alliances are forged for foraging benefits and protection against predators, said Wilson.

They could also be satisfying a desire for the company of other animals, added marine biologist John Francis, vice president for research, conservation, and exploration at the National Geographic Society (the Society owns National Geographic News).

Photographs of dogs nursing tiger cubs, stories of a signing gorilla adopting a pet cat, and videos of a leopard caring for a baby baboon have long circulated the Web and caught national attention.

A Rare Alliance

And although dolphins are known for being sociable animals, Wilson called the alliance between sperm whale and bottlenose dolphin rare, as it has never, to his knowledge, been witnessed before.

This association may have started with something called bow riding, a common behavior among dolphins during which they ride the pressure waves generated by the bow of a ship or, in this case, whales, suggested Francis.

"Hanging around slower creatures to catch a ride might have been the first advantage [of such behavior]," he said, adding that this may have also started out as simply a playful encounter.

Wilson suggested that the dolphin's peculiar spinal shape made it more likely to initiate an interaction with the large and slow-moving whales. "Perhaps it could not keep up with or was picked on by other members of its dolphin group," he said in an email.

Default

But the "million-dollar question," as Wilson puts it, is why the whales accepted the lone dolphin. Among several theories presented in an upcoming paper in Aquatic Mammals describing the scientists' observations, they propose that the dolphin may have been regarded as nonthreatening and that it was accepted by default because of the way adult sperm whales "babysit" their calves.

Sperm whales alternate their dives between group members, always leaving one adult near the surface to watch the juveniles. "What is likely is that the presence of the calves—which cannot dive very deep or for very long—allowed the dolphin to maintain contact with the group," Wilson said.

Wilson doesn't believe the dolphin approached the sperm whales for help in protecting itself from predators, since there aren't many dolphin predators in the waters surrounding the Azores.

But Francis was not so quick to discount the idea. "I don't buy that there is no predator in the lifelong experience of the whales and dolphins frequenting the Azores," he said.

He suggested that it could be just as possible that the sperm whales accepted the dolphin for added protection against their own predators, like the killer whale (Orcinus orca), while traveling. "They see killer whales off the Azores, and while they may not be around regularly, it does not take a lot of encounters to make [other] whales defensive," he said.

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New Orleans Ready for 1st Super Bowl Since Katrina

The people of New Orleans have hosted nine Super Bowls since 1970, but Super Bowl 2013 may be one of the most meaningful yet.

That, of course, is because it's the first Super Bowl in New Orleans since Hurricane Katrina devastated the region in 2005.

When the San Francisco 49ers compete against the Baltimore Ravens on Feb. 3, it may rank with the 2002 game, when New Orleans hosted Super Bowl XXXVI after the attacks of Sept. 11, 2001.

FULL COVERAGE: Super Bowl 2013

"Our home was destroyed by water," said Doug Thornton, 54, senior vice president of SMG, the management company of the Mercedes-Benz Superdome. "Like many in New Orleans, we struggled at times, but have been an active part of the city. For many of us who have gone through this, there is a tremendous sense of pride to showcase our city [for those who] who may have not been here since Katrina."

The Superdome's manager since 1997, Thornton was in the Superdome for five days when Hurricane Katrina made landfall. Back then, it was called the Louisiana Superdome. It later became a shelter for thousands of displaced residents who had lost their homes.

"It's a fixture in the city," Thornton said. "You can't drive anywhere without seeing it. You can't think about going to an event unless you're coming here."

Thornton said the connection between the 37-year-old building and the local residents is even stronger since Katrina.

"We commonly refer to it as the living room of New Orleans," Thornton said.

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German-based car company Mercedes-Benz purchased the naming rights to the stadium in 2011, and Thornton said people embraced the new name immediately, "because we kept the word Superdome in the title."

On game day, Thornton said, he won't be able to enjoy the game. He'll show up to the Superdome around 7:30 a.m., make his rounds around the Superdome, and his day will end well after midnight.

"I've come to learn after doing these events for many years [that] there's no enjoyment," Thornton said. "You learn quickly in this business you can no longer be a fan. We're workers. This is a lifestyle, not a job. You're committed to it. It's 24-7."

The same can be said for the 5,000-or-so workers who will be in the Superdome on game day.

"It's no different than a football player getting ready for the game. You have to be ready mentally and physically," he said.

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The city has been preparing for this moment since May 2009, when New Orleans was named host of Super Bowl 47.

Jay Cicero, 50, executive director of the Super Bowl host committee and president and CEO of the Greater New Orleans Sports Foundation, said more than $1 billion in recent infrastructure improvements were not done just for the Super Bowl, but the completion dates were moved up "dramatically" because of the big game.

The city also recently completed a $350 million renovation to the Louis Armstrong International Airport.

On Monday, the city will host a ceremony for the expansion of the historic street car line to one block away from the Superdome.

Cicero said about 100,000 people are expected to travel to New Orleans from out of town for events related to the Super Bowl, which are listed on NewOrleansSuperBowl.com.

The city is also hosting other events that sandwich the Super Bowl because of Mardis Gras 2013.

An early estimate from the University of New Orleans predicted the Super Bowl's economic impact to the region would be valued around $434 million.

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OPM plans to shake up charity program raise concerns about reduced donations

The Office of Personnel Management wants to shake up the Combined Federal Campaign (CFC), the charitable-giving system for federal employees, but in the process the agency could risk losing donors and reducing contributions.

One rule under review by the Obama administration would “eliminate the use of cash, check and money order contributions. Instead, all donations will be required to be made through electronic means.”

This could “streamline the operations,” as proposed rules from OPM suggest, but whether it also would “increase the effectiveness of the program to ensure its continued growth and success” is questionable.

The reason: In 2011, the last year for which OPM data are available, just 22 percent of the money pledged was donated electronically. Moreover, 88.4 percent of the donors did not make electronic contributions.

So, a move to electronic-only donations would seem to put CFC at risk of losing a majority of its donors. The proposal worries executives of some charitable organizations, even as they welcome other sections of the plan.

Federal employees contribute through the CFC to various charities. Donations exceeded $272 million in 2011. That’s a lot of money, but it represents a drop of almost $10 million from 2009, the high point.

An OPM spokeswoman said the agency does not comment on rules under review. In the 53-page document that contains the proposed regulations, however, OPM Director John Berry wrote:

“These proposed changes will introduce efficiencies and cost savings into the CFC by leveraging technology that was not widely available just a few years ago. They will make the CFC more efficient, more transparent, more accountable and more relevant to Federal, Postal and military service personnel who want to make the biggest impact with their donations.”

Scott Jackson, chief executive of Global Impact, said electronic giving can save $14 a pledge, by reducing processing costs.

“That’s very, very powerful,” he added. How the change to electronic-only contributions might effect donations presents “important issues to work through,” he said. Global Impact administers the overseas campaign of the CFC.

Those issues leave Stephen M. Delfin “highly concerned.” He is president and chief executive of America’s Charities, a group that works with CFC organizations. Delfin said he is worried that the rules, previously reported by the Federal Times, could result in lower donations.

“You have to be careful,” he said. “Technology is not a panacea.”

Marshall Strauss, chief executive of the Workplace Giving Alliance, a consortium of CFC federations, agreed. Although he thinks “electronic donations are an excellent addition to the campaign,” he said he worries that relying solely on that “may dramatically reduce the number of people giving and the overall receipts of the campaign. Many thousands of people prefer to give by check or even cash, and we would hope the government would preserve these options.”

In addition to electronic-only giving, Delfin and others have concerns about a proposal to eliminate 184 local CFC committees in favor of fewer and larger regional panels.

This would require “a reduced number of Federal personnel for oversight purposes,” according to the plan.

But it also would diminish the sense of community that charitable leaders say is crucial in motivating individuals to give.

Dumping the local committees will shrink the “person-to-person feeling of the campaign, which is very, very important,” said Kalman Stein, president and CEO of EarthShare, which was recently selected to administer the Combined Federal Campaign of the National Capital Area.

Stein said that he doesn’t think OPM understands “how critical that local component is” and that he is “very concerned the campaign will decline precipitously” if the Local Federal Coordinating Committees are eliminated.

“Our history shows that more consolidation leads to less donations,” said Stein, who, along with Strauss, was a member of the CFC-50 Commission. The commission, formed in 2011 to mark CFC’s 50th anniversary, issued a report last year. A number of its recommendations were incorporated into OPM’s proposals.

But Stein said consolidating the local committees into regional ones would go “way beyond the commission’s recommendations.”

The commission said its 24 recommendations were designed to further encourage a “history of giving” by federal employees, who have “set the standard for workplace giving to charitable organizations.”

But the recent decrease in donations “is a cause for concern,” the report said.

Now there is concern that parts of the OPM plan could make the situation worse.

Previous columns by Joe Davidson are available at wapo.st/JoeDavidson.

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