Obama Admin to File Brief on Gay Marriage











Solicitor General Donald B. Verrilli, plans to file a brief today with the Supreme Court regarding Prop 8, according to an administration source.


It would mark the first time that the Obama administration has come out in court with an opinion on the California ballot initiative that defines marriage as between one man and one woman.


As far back as 2008, the president said that he thought Prop 8 was "divisive and discriminatory," but his Justice Department has never opined on its constitutionality. Because the DOJ is not a party to the case, it is not required to file a "friend of the court" brief, but the deadlines for briefs supporting the challengers to Prop 8 is tonight at midnight.






Justin Sullivan/Getty Images







Theodore Olson, one of the lead lawyers challenging Prop 8, told reporters last week that he hoped the DOJ lawyers would take the opportunity to set down a legal position.


"However," Olson added, "whether they do or not, the president of the United States made it very clear in his inaugural address that we cannot rest in America until all civilians have equal rights under the law so, in a sense, the president has made that statement already."


Today, 39 states have laws restricting marriage to opposite-sex couples. This number includes voter-approved constitutional amendments in 30 states barring same sex marriage. Nine states allow gay marriage.


Related: Eric Holder Says Gay Marriage is the Next Civil Rights Issue


Related: Republican Moderates Join Legal Fight for Gay Marriage



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Oil prices fall as US sequester cuts loom






NEW YORK: Oil prices fell late in the session Thursday after trading slightly higher much of the day, with traders blaming portfolio adjustment on the final day of the month.

But prices were also soft as the United States appeared headed for slower economic growth due to mandated spending cuts that kick in beginning Friday.

New York's main contract, West Texas Intermediate crude for April delivery, lost 71 cents from late Wednesday, closing at $92.05 a barrel.

Brent North Sea crude for April fell 49 cents to $111.38 a barrel in London trade.

Prices were fairly stable much of the day, showing little impact from an improved but still disappointing revision to the US growth rate for the 2012 fourth quarter, to a positive 0.1 percent from the original estimate of a 0.1 percent contraction.

But late in the session support for WTI and Brent dropped out.

"That has a lot to do with the technical selling pressure that finally gave up towards the end of the day. Today is the last day of the month and you'll see some month-end rebalancing," said David Bouckhout of TD Securities.

The market also appeared well-supplied given the pace of the global economy, analysts said.

"Fundamentally, oil prices are unlikely to rise much in the short-term as demand remains weak and supply abundant," said Fawad Razaqzada of traders GFT Markets.

The US appeared headed for a growth slowdown as the US government's "sequester" budget cuts appeared likely to take effect Friday.

Economists warn the $85 billion in spending reductions for the next seven months will take off a 0.5 percentage point from potential growth, if politicians cannot find a last-minute compromise in White House talks Friday.

-AFP/ac



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Andrew Mason out as Groupon CEO



Andrew Mason (Credit: Dan Farber/CNET)


Andrew Mason is out as chief executive at Groupon.

The company announced the management change in a terse statement this afternoon. It said that Executive Chairman Eric Lefkofsky and Vice Chairman Ted Leonsis would participate in a newly created Office of the Chief Executive, effective immediately, serving in this role on an interim basis until the board finds a CEO replacement.


"On behalf of the entire Groupon Board, I want to thank Andrew for his leadership, his creativity and his deep loyalty to Groupon. As a founder, Andrew helped invent the daily deals space, leading Groupon to become one of the fastest growing companies in history," Lefkofsky said in the statement. It also quotes Leonsis saying that "
Groupon will continue to invest in growth, and we are confident that with our deep management team and market-leading position, the company is well positioned for the future," said Leonsis.

The news follows another disappointing quarter from Groupon. At one point in early 2011, the online group budget deals company was logging gross billings growth of 1,400 percent year over year (That's not a typo.) But as the company's growth rate slowed, its marketing and sales costs have been climbing. In its fourth quarter, the company lost $81.1 million, compared with a $65.4 million loss a year earlier. The news drove down the company's shares by about a fifth of its value. The stock closed Thursday at $4.53, compared with its 52-week low of $2.60.

After the company released its earnings on Wednesday, analysts again voiced a lack of confidence in the company's ability to execute -- adding further pressure on Groupon's board of directors to make a move. Over the last year, there has been no shortage of chatter about the board debating whether to replace Mason.

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Newtown father's emotional plea to Congress

During emotional testimony before the Senate Judiciary Committee today, the father of a first grader slain at Sandy Hook Elementary School fought back tears as he stressed the need to ban weapons like the assault rifle that a gunman used to kill his son, 19 other children, and 6 educators in Newtown, Conn.

Neil Heslin described how his son Jesse "was brutally murdered at Sandy Hook school on December 14, 20 minutes after I dropped him off."

"He said 'It's all going to be OK'," Heslin recalled his son saying as he was dropped off at school. "And it wasn't OK."

"Jesse was the love of my life. He was the only family I have left. It's hard for me to be here today, talking about my deceased son," Heslin said. But he added, "I have to. I'm his voice. I'm not here for the sympathy...I'm here to speak up for my son."

"There's many changes that have to happen to make a change effective," he continued. "Mental health issues, better background checks, bans on these weapons, bans on high capacity magazines - they all have to come together and they all have to work effectively...common sense tells you that."

The hearing was convened to discuss a bill from Sen. Dianne Feinstein, D-Calif., which would ban military style semiautomatic weapons like the Bushmaster rifle that was used to commit the massacre at Sandy Hook. The bill would also ban the manufacture and sale of ammunition magazines in excess of 10 bullets.


Feinstein, who sponsored the original assault weapons ban that passed Congress in 1994 and lapsed in 2004, said that "The need for a federal ban" on these assault weapons "has never been greater."

The committee's ranking Republican, Sen. Charles Grassley of Iowa, extended his condolences to the victims of gun violence in the audience but voiced skepticism about the prospect of enacting new gun laws when, in his view, existing gun laws are not even being properly enforced.

The assault weapons ban is perhaps the most controversial among a raft of proposals to reduce gun violence floated by President Obama in the wake of the massacre at Sandy Hook. Another key propsoal would strengthen and expand the background check system for gun purchasers.

Opponents of gun control argue that many of the proposals would be an unconstitutional infringement on the Second Amendment's guarantee of a right to bear arms. Many also argue that the proposals would be an ineffective deterrent of gun violence.

Supporters of gun control argue that the right to bear arms is not absolute and has previously been legally abridged in a variety of ways. They further point to the dramatically decreased incidence of gun violence in countries whose firearm restrictions are more stringent than our own.

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Newtown Dad's Tearful Plea at Senate Gun Hearing












A father who lost his son in the massacre at Sandy Hook Elementary School sobbed as he testified at a Senate hearing today in favor of an assault weapons ban.


Across town Vice President Biden alluded to untold horror of the Newtown tragedy in an appeal for help from the nation's attorneys general.


Despite their emotional appeals, the push for gun reforms championed by the White House and many Democrats faces an uncertain future.


"Jesse was the love of my life," said Neil Heslin, sobbing as he described his 6-year-old son before the Senate Judiciary Committee. "He was the only family I had left. It's hard for me to be here today to talk about my deceased son. I have to. I'm his voice."


Heslin's son, Jesse Lewis, was among the 20 children and six teachers and school administrators murdered at Sandy Hook Elementary in Newtown, Conn. last December. Heslin recounted his last moments with his son when he took him to pick up his favorite, sausage egg and cheese sandwich and hot chocolate before dropping him off at school on the morning of Dec. 14.


"It was 9:04 when I dropped Jesse off. Jesse gave me a hug and a kiss and at that time said goodbye and love you. He stopped and said, I loved mom too." Heslin and his wife are separated.


"That was the last I saw of Jesse as he ducked around the corner. Prior to that when he was getting out of the truck he hugged me and held me and I could still feel that hug and pat on the back and he said everything's going to be ok dad. It's all going to be ok," Heslin said breaking down in tears a second time. "It wasn't ok. I have to go home at night to an empty house without my son."












Army Vet Awarded Medal of Honor for Afghan Firefight Watch Video





Heslin was one of eight witnesses testifying at a hearing to back a proposed assault weapons ban. Another witness was Dr. William Begg, a physician who made it to the emergency room the day of the Newtown shooting.


"People say that the overall number of assault weapon deaths is small but you know what? Please don't tell that to the people of Tucson or Aurora or Columbine or Virginia Tech, and don't tell that to the people in Newtown," Begg said as he choked up and people in the crowd clapped. "Don't tell that to the people in Newtown. This is a tipping point. This is a tipping point and this is a public health issue. Please make the right decision."


Related: Read More About Heslin's Testimony


The Senate Judiciary Committee is set to consider four gun safety measures, including the assault weapons ban, on Thursday. The three other bills aim to stop illegal gun trafficking, enhance safety in schools, and enact universal background checks.


As the hearing unfolded on Capitol Hill, Biden tapped into the stories that Newtown's first responders have shared with him as he urged attorneys general to help the administration push their gun proposals.


Related: The Tragedy at Sandy Hook


"With the press not here, I can tell you what is not public yet about how gruesome it was," Biden said of the massacre's gruesome aftermath at a Washington luncheon. "I met with the state troopers who were on the scene this last week. And the impact on them has been profound. Some of them, understandably, needing some help."


A spokeswoman for Biden could not clarify the non-public information to which he referred. The vice president suggested that what he heard in private conversations should spur lawmakers to enact some measures aimed at curbing gun violence.


Related: President Obama's Campaign Organization Turns to Gun Control






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Football: Robben strikes as Bayern dump Dortmund out of cup






MUNICH, Germany: Bayern Munich ended their three-year wait for a competitive win over Borussia Dortmund on Wednesday as Arjen Robben's first-half strike sealed a 1-0 German Cup quarter-final victory.

February 2010 had been the occasion of Bayern's last league or cup win over Dortmund -- a six-game stretch -- but Robben's thunderbolt two minutes before the break at the Allianz Arena was enough to put Munich in the last four.

A pre-season Supercup final win in Munich last August had been Bayern's only source of comfort against Borussia recently.

Despite having spent much of this season on Bayern' bench, Robben took over on the left-wing from France's Franck Ribery, who was suspended, to show coach Jupp Heynckes what he has been missing.

The 29-year-old ex-Chelsea and Real Madrid star sank to his knees and beat the turf at the final whistle in delight.

He has now scored in three of Bayern's last four games after netting in recent Bundesliga wins over Wolfsburg and the 6-1 drubbing of Werder Bremen last Saturday.

This was the clash of Germany's titans -- Bayern Munich, 17 points clear in the Bundesliga against defending league champions and cup holders Dortmund, who have dominated the top-tier of German football for the last two years.

Germany defender Mats Hummels dropped out the day of the game with flu and in his place Brazilian Felipe Santana partnered Neven Subotic at centre-back for Dortmund.

Robben's inclusion for the suspended Ribery was the only change from the team which won 3-1 at Arsenal in the Champions League just over a week ago.

Dortmund hammered Bayern 5-2 in last May's German Cup final, when Poland striker Robert Lewandowski netted a hat-trick.

If Wednesday's game needed extra spice, Lewandowski has been strongly linked to a move to Bayern with his contract to expire in 2014.

In a tight, nervy cup game, both teams had their opportunities.

The brightest chance of the first-half fell to Javi Martinez when his shot straight at Roman Weidenfeller was parried and the Dortmund goalkeeper scrambled back to grab the loose ball on 36 minutes.

Bayern kept up the pressure and when Dortmund's Marcel Schmelzer hit a weak clearance, Robben's shot from 18 metres clocked 115km/h (70mph) as it hit the top-right corner on 43 minutes for what proved to be the winner.

With Dortmund out, Bayern are now clear cup favourites and are on course to be the first team to win the treble of German league, cup and Champions League titles in their quest to end their three-year wait for silverware.

VfB Stuttgart, who beat third-division VfL Bochum 2-0, Wolfsburg and Freiburg are the other teams to go into the pot for Sunday's draw with the semi-finals to be held on April 16/17, with the final on June 1 in Berlin.

- AFP/ac



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AirDock: Activate Siri with the power of air pressure



AirDock prototype

A prototype of the AirDock.



(Credit:
Video screenshot by Amanda Kooser/CNET)


Driving and smartphones don't mix well. While you can get a lot done using voice commands with Siri on your iPhone, you still have to activate her. If you're driving, that can take valuable seconds away from paying attention to the road. The AirDock Kickstarter project is looking to make Siri air-activated rather than fingertip-activated.


AirDock is described as "in-car, eyeless Siri." That means you don't have to take your gaze off the road to use it. The prototype version of the AirDock involves a suction-mount dock you put your iPhone into. A plastic tube with a squeeze bulb on the end sticks out from it. Squeeze the air bulb to push the home button, turn on the phone, and activate Siri.




There's a certain silly factor to the AirDock. After all, it's a dock with a tube with a squeezie-thing on the end. It's a couple steps up from a whoopee cushion. The prototype is big, though the final design should shrink considerably. All in all, making it safer to access your iPhone while driving is not a bad idea.

What might be more fun would be to take the rubber squeezer off and use the tube like a straw. Blow into it and activate Siri. Not a bad party trick.


AirDock creator Tim Hugall is aiming for a pretty ambitious $75,000 goal for his Kickstarter fundraising, and he'll have to presell a lot of $30 AirDocks to reach it. The concept may end up being just a little bit too unusual for mainstream acceptance. Sure, it's cheaper than buying a new Honda with eyes-free Siri integration, but it's not as cheap as fumbling for your phone and pushing the button.


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Dozens of prominent Republicans sign brief backing gay marriage

Matthew Wiltse, right, places a wedding ring on the finger of Jonathon Bashford as they took their wedding vows before Superior Court Judge Chris Wickham at the Thurston County Courthouse just after midnight on Sunday, Dec. 9, 2012, in Olympia, Wash. / AP Photo/Rachel La Corte

More than 80 "conservative voices" have signed onto a legal brief supporting the notion that same-sex couples should have a fundamental right to marriage.

The brief is in support of the plaintiffs in the Hollingsworth v. Perry case now before the Supreme Court, which challenges California's Proposition 8 barring same-sex marriage. The case, which will be argued starting in late March, could result in the invalidation of statewide bans on same-sex marriage across the country. It is one of two same-sex marriage cases being considered this term by the Supreme Court; the other challenges the Defense of Marriage Act, which bars federal recognition of same-sex marriage.

Among the signatories to the letter are former Republican Governors Christie Todd Whitman and Bill Weld; Rep. Ileana Ros-Lehtinen, R-Fla.; former Republican Reps. Deborah Pryce and Mary Bono Mack; 2012 presidential candidates and former governors Gary Johnson and Jon Huntsman; and former Republican National Committee chair Ken Mehlman, the onetime George W. Bush campaign manager who has since come out as gay.

Notably not among the signatories are some Republicans who have expressed support for same-sex marriage in the past, including Dick Cheney and Laura Bush.

The American Foundation for Equal Rights, which organized the effort, said more names will be added before the brief is filed. The brief was first reported by the New York Times, which reported that it made the case that same-sex marriage reflects conservative values of "limited government and maximizing individual freedom."

Among those working to legalize same-sex marriage are conservative lawyer and former Solicitor General Theodore B. Olson, who was among the first prominent conservatives to express support for same-sex marriage. Same-sex marriage supporters hope the fact that numerous well-known conservatives and Republicans are signatories to the brief will help sway conservative justices.

"The conservative movement toward the freedom to marry is what we like to call the 'Ted Olson effect,'" said AFER executive director Adam Umhoefer. "We value the support of our conservative colleagues and welcome their voices to the growing majority of Americans who stand for marriage equality."

CBS News polling has found that a majority of Americans believe same-sex marriage should be legal, though more than six in ten said it should be left to the states to decide. House Speaker John Boehner and most Republicans in Congress oppose both federal recognition of same-sex marriage and a mandate that it be recognized by the states.

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Tempers Flare at Jodi Arias Murder Trial












Tempers flared between accused murderer Jodi Arias and prosecutor Juan Martinez today as Martinez tried to detail Arias' history of spying on her boyfriends, but Arias complained that his aggressive style of questioning made her "brain scramble."


Arias and Martinez, who have sparred throughout two prior days of cross-examination in Arias' murder case, spent more than 10 minutes bickering over Martinez's word choices and his apparent "anger."


The morning's testimony, and Martinez's points about Arias' alleged spying, were largely interrupted by the spats. Arias is accused of killing her ex-boyfriend, Travis Alexander.


"Are you having trouble understanding me?" Martinez yelled.


"Yes because sometimes cause you go in circles," Arias answered.


Timeline of the Jodi Arias Trial


"You said you were offended by Mr. Alexander's behavior, do you remember that? This just happened. How is that you are not remembering?" he asked.


"Because you are making my brain scramble,"she said.


Martinez, becoming agitated, barked back, "I'm again making your brain scramble. The problem is not you, it's the prosecutor, right?"


Martinez paced the courtroom in front of Arias asking her whether she had trouble with her memory or trouble answering truthfully.










Jodi Arias Testimony: Prosecution's Cross-Examination Watch Video









Jodi Arias Remains Calm Under Cross-Examination Watch Video





"You don't know? You don't know what you just said? Didn't it just happen? You can't even remember what you just said?"


"I think I'm more focused on your posture, your tone, and your anger," Arias said, causing Martinez to become even angrier.


"So it's the prosecutor's fault because he is angry? You are having problems on the witness stand because of the way the prosecutor is asking the questions? So the answers depend on the style of the prosecutor? You're saying you're having trouble telling us the truth because of the way the questions are being posed," he said, gesturing with his hands.


Catching Up on the Trial? Check Out ABC News' Jodi Arias Trial Coverage


Eventually, Arias's attorney Kirk Nurmi, who had been objecting sporadically to Martinez's questions, stood in the courtroom and told Judge Sherry Stephens that they should all approach the bench before Martinez continued. When they returned, Martinez briefly stood in different parts of the courtroom, asking Arias if she was more comfortable depending on where he stood, before moving on.


Arias, 32, is charged with murder for killing her ex-boyfriend Travis Alexander at his home in Mesa, Ariz., in June 2008. She claims she killed him in self defense and that he had been increasingly violent and sexually demanding in the months before the confrontation. She also claimed he was interested in young boys.


The prosecution claims she killed him in a jealous rage. She could face the death penalty if convicted of first degree murder.


Martinez finally began to make his points that Arias snooped on Alexander's phone messages and Myspace messages, and had gone through an ex-boyfriend's email messages to see if they were cheating. Arias admitted that her behavior was "dishonest."



See the Evidence in the Jodi Arias Murder Trial


Martinez also showed that after Arias went through the messages and found evidence of cheating, she acted quickly to end the relationships with Alexander and two former boyfriends, suggesting that Arias was not under as much of Alexander's influence as she had previously testified.


"So you seem to be very assertive. You were very assertive even at age 17 or 18, you didn't waste any time when you'd been cheated on," Martinez said. "You have the ability to make the decisions necessary for yourself and even from the time you were younger, it appears you were assertive."


"It depends on how comfortable I am with the person," Arias replied.






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Vatican says Benedict XVI will have title 'pope emeritus'






VATICAN CITY: Pope Benedict XVI will be known as "pope emeritus" and can continue to wear the white papal cassock after he steps down this week, the Vatican said Tuesday, revealing details about the final moments surrounding the historic resignation.

The leader of the world's 1.2 billion Catholics can still be referred to as "His Holiness Benedict XVI" and will have the additional title of "Roman pontiff emeritus", Vatican spokesman Federico Lombardi said.

Benedict chose the titles himself, Lombardi said.

He will continue wearing the white cassock normally reserved for pontiffs after he resigns on Thursday -- the first leader of the Catholic Church to do so since the Middle Ages -- but without the doubled shoulder cape, Lombardi said.

The 85-year-old German pontiff stunned the world when he announced on February 11 that he would step down at the end of the month, citing his age and failing strength, following a troubled eight-year papacy dominated by scandals and Vatican intrigue.

The scourge of paedophile priests and cover-ups by their superiors has cast a dark shadow over his papacy, continuing into his final days, with activists calling Tuesday for cardinals Sean Brady of Ireland and Roger Mahony of the United States to be barred from the conclave over their roles in the scandals.

The Vatican meanwhile gave more details on the delicate transition for the former Joseph Ratzinger's delicate transition into retirement.

Lombardi said Benedict has chosen to swap his trademark red shoes for a brown pair given to him by artisans in Mexico during a trip last year, adding that he would also stop wearing the gold Fisherman's Ring used to seal papal documents.

Tradition dictates that the ring be destroyed and a new one cast for each pope, but when that occurs will be up to Vatican number two Tarcisio Bertone, the camerlingo or chamberlain who will be "interim pope" until a successor to Benedict is found.

The Vatican spokesman also said that a series of meetings of cardinals to settle on a date for the start of the papal election conclave could start on Monday.

Benedict holds a final general audience in St Peter's Square on Wednesday, the eve of his formal resignation.

At least 50,000 pilgrims are expected to attend his final public appearance on Wednesday, enough to fill the famous square to overflowing, and the pope will ride the trademark white "popemobile" through the throngs.

But there will be no traditional kissing of the pontiff's hand -- not for security reasons, but because of the sheer size of the expected crowd, Lombardi said.

"He doesn't want to favour one or the other" of the pilgrims, he added.

On his last day Thursday the pope will greet cardinals gathering for the conclave and a few dignitaries including from Slovakia, San Marino, Andorra and Benedict's native Bavaria.

At around 5:00 pm (1600 GMT), the pope will board a helicopter for the 15-minute ride to Castel Gandolfo, the traditional summer residence of popes.

Benedict's "last public act" will occur about a half-hour later when he waves to the crowd from a balcony of the palace, Lombardi said.

He said no fanfare will mark the official end of Benedict's papacy at 8:00 pm.

Instead the moment will be marked with quiet poignancy, when liveried Swiss Guardsmen will formally end their mandate to protect the pope.

"The symbolic moment will come when the gates (of the Castel Gondolfo residence) close at 8:00 pm and the Swiss Guard leave," Lombardi said.

At a later date, Benedict will return to the Vatican, where a disused convent is being fitted as his retirement home.

The decision to retire behind Vatican walls within a stone's throw of the new pope has raised eyebrows.

But Vatican expert John Allen of the National Catholic Reporter told AFP: "I frankly think that left to his own devices he would prefer to be in Regensburg," the German university town where Ratzinger taught theology.

"Several cardinals have told me it will be a lot harder for people to get to him" at the famously cloistered Vatican than in his native Germany.

Commenting on SNAP's demands, Allen told AFP they were "another confirmation of how enormously damning this scandal has been for the Church. Even at the most awesome moment in the life of the Church (the papal election), this scandal rears its ugly head."

Asked whether Benedict will be the first former pontiff to be called "pope emeritus", Lombardi said: "We don't know what Celestine V was called when he stepped down. We'll have to ask the historians."

The 13th-century monk was the only other pope in the 2,000-year-old Church's long line of rulers to step down voluntarily -- saying he could not tolerate the intrigues of the Church hierarchy.

-AFP/ac



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