Congress' choice whether Petraeus testifies on Benghazi attack

Gen. David Petraeus walks with his wife, Holly, past a seated Paula Broadwell (rear right) at his confirmation …The White House said Tuesday that it was "up to Congress" whether to call former CIA Director David Petraeus to testify about the Sept. 11 attack in Benghazi, Libya.


"Congress [makes] decisions about who is called to testify," press secretary Jay Carney told reporters at his daily briefing.


The Intelligence Committees of the Senate and House of Representatives had been set to hear from Petraeus about the attack on the American compound in a pair of separate closed-door hearings on Thursday. But aides to both panels indicated that the retired Army General would be replaced by Acting CIA Director Mike Morrell.


"The president is confident that Acting Director Morrell is fully informed and capable of representing the CIA in a hearing about the incidents in Benghazi," Carney said.


Still, key senators have made it clear that Petraeus, whose shock resignation came after the public disclosure of an extramarital affair, will ultimately need to be heard. The attack claimed the lives of U.S. Ambassador Chris Stevens and three other Americans.


Senate Intelligence Committee Chairwoman Dianne Feinstein, a Democrat, told MSNBC on Monday that her panel "should go ahead with Mike Morell and the way it is now set up.


"But I also think that the community should know that this is not sufficient," she continued. "And I have no doubt now that we will need to talk with David Petraeus. And we will likely do that in closed session, but it will be done one way or the other."

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China slams Dalai Lama; Tibetan self-immolates

BEIJING (AP) — China accused the Dalai Lama on Monday of allying with Japanese right-wingers in an island dispute as a way of attacking China and blamed him for glorifying a wave of self-immolations among Tibetans. The comments came as another Tibetan set himself on fire to protest Chinese rule, Tibetan exiles and a rights group said.

Chinese Foreign Ministry spokesman Hong Lei said the Dalai Lama's comments in Japan on the island dispute showed his "reactionary nature" and determination to split China apart under the guise of religion.

"To achieve his separatist goal, he associated with the Japanese right-wing forces. Chinese people despise him for what he did. We are firmly opposed to any country's providing a stage for him," Hong said.

Chinese media have said the Dalai Lama called the islands by their Japanese name during a news conference in Yokohama last Monday but an Associated Press review of a tape of the event showed he referred to them only as "the islands."

On Monday in Okinawa, the Dalai Lama criticized Chinese media for making up a claim that he sided with the Japanese.

Tensions have run high over the islands, known as Senkaku in Japanese and Diaoyu in Chinese, since the Japanese government nationalized some of them in September in a bid to prevent Tokyo's right-wing governor from buying them. Violent anti-Japanese protests broke out in a number of Chinese cities, and Beijing has sent ships to conduct near-constant patrols near the uninhabited rocks.

Hong also attacked the Dalai Lama for reportedly accusing the Chinese government of failing to investigate the root cause of despair and hopelessness among Tibetans that many say have prompted people to take their lives as a form of protest. China has long accused the Dalai Lama and his supporters of inspiring such acts, despite his condemnation of all forms of violence.

"Not only did the Dalai not condemn them, but he actually glorified these acts, which are against the national law and religious principles," Hong said.

The remarks came as a 24-year-old Tibetan man set himself on fire at a prayer ceremony in Tongren county in western China's Qinghai province, becoming the seventh person in six days to self-immolate in the region, the rights group Free Tibet said.

Nyingkar Tashi is reported to have died in the protest in which he called out for freedom in Tibet and for the longevity of the Dalai Lama, the group said. A statement from the self-declared Tibetan government-in-exile in Dharmsala, India, provided similar details.

A Tongren government official who picked up the phone said he could not comment, while Ma Chunyin, head of the Tongren Communist Party Propaganda Department, said he did not know about the reported self-immolation.

Tibet support groups overseas have said the increase in protests in recent days is meant to highlight Tibetan unhappiness with Chinese rule as the country's leaders hand over power to younger successors at a party congress in Beijing.

"Throughout the 18th Party Congress the new unelected leaders have been reminded on an almost daily basis of Tibetans' rejection of Chinese rule, and of the terrible failure of policies to cement the occupation," Free Tibet Director Stephanie Brigden said.

The Dalai Lama fled to India following an abortive 1959 uprising against Chinese rule over Tibet. He denies seeking the region's independence, saying that he wishes Tibetans to enjoy real autonomy and protection of their traditional Buddhist culture.

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Associated Press writers Christopher Bodeen in Beijing and Mari Yamaguchi in Tokyo contributed to this report.

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Judge halves slander verdict won by casino mogul

LOS ANGELES (AP) — A judge has slashed a damage verdict favoring casino mogul Steve Wynn in a slander case against "Girls Gone Wild" founder Joe Francis.

Superior Court Judge Joanne O'Donnell issued the ruling Friday invalidating certain claims and trimming the damage amount from $40 million to $19 million.

The move comes after lawyers for Francis argued that O'Donnell erred when she allowed jurors to consider allegations that Francis slandered Wynn in comments made to TV's "Good Morning America" on the eve of trial.

The judge also says Wynn isn't entitled to punitive damages on the claims, which accounted for $20 million of the verdict.

A call to Wynn's attorney Barry Langberg was not immediately returned.

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British medical journal slams Roche on Tamiflu

LONDON (AP) — A leading British medical journal is asking the drug maker Roche to release all its data on Tamiflu, claiming there is no evidence the drug can actually stop the flu.

The drug has been stockpiled by dozens of governments worldwide in case of a global flu outbreak and was widely used during the 2009 swine flu pandemic.

On Monday, one of the researchers linked to the BMJ journal called for European governments to sue Roche.

"I suggest we boycott Roche's products until they publish missing Tamiflu data," wrote Peter Gotzsche, leader of the Nordic Cochrane Centre in Copenhagen. He said governments should take legal action against Roche to get the money back that was "needlessly" spent on stockpiling Tamiflu.

Last year, Tamiflu was included in a list of "essential medicines" by the World Health Organization, a list that often prompts governments or donor agencies to buy the drug.

Tamiflu is used to treat both seasonal flu and new flu viruses like bird flu or swine flu. WHO spokesman Gregory Hartl said the agency had enough proof to warrant its use for unusual influenza viruses, like bird flu.

"We do have substantive evidence it can stop or hinder progression to severe disease like pneumonia," he said.

In the U.S., the Centers for Disease Control and Prevention recommends Tamiflu as one of two medications for treating regular flu. The other is GlaxoSmithKline's Relenza. The CDC says such antivirals can shorten the duration of symptoms and reduce the risk of complications and hospitalization.

In 2009, the BMJ and researchers at the Nordic Cochrane Centre asked Roche to make all its Tamiflu data available. At the time, Cochrane Centre scientists were commissioned by Britain to evaluate flu drugs. They found no proof that Tamiflu reduced the number of complications in people with influenza.

"Despite a public promise to release (internal company reports) for each (Tamiflu) trial...Roche has stonewalled," BMJ editor Fiona Godlee wrote in an editorial last month.

In a statement, Roche said it had complied with all legal requirements on publishing data and provided Gotzsche and his colleagues with 3,200 pages of information to answer their questions.

"Roche has made full clinical study data ... available to national health authorities according to their various requirements, so they can conduct their own analyses," the company said.

Roche says it doesn't usually release patient-level data available due to legal or confidentiality constraints. It said it did not provide the requested data to the scientists because they refused to sign a confidentiality agreement.

Roche is also being investigated by the European Medicines Agency for not properly reporting side effects, including possible deaths, for 19 drugs including Tamiflu that were used in about 80,000 patients in the U.S.

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Online:

www.bmj.com.tamiflu/

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How did the FBI access Petraeus' email?





So how and when can the FBI access a citizen's personal email account? That is a key issue in the investigation surrounding General David Petraeus.



The governing law is the Stored Communications Act, which provides that a "government entity" may require a provider of electronic communication service to disclose "contents of a wire or electronic communication" that has been in storage for 180 days or less, as long as it has a warrant. A warrant requires a specific showing of probable cause that a particular crime is being committed.



If the email has been in storage for 180 days or more, the government must provide an administrative subpoena or a court order. This is a less exacting standard that does not require probable cause.



But what about if the email is the private account of a government official - such as the director of the CIA? Here there could be some exceptions.



For one, people with high security positions often sign disclosure forms, saying they could waive their rights to private email accounts. Also, standards are more lax if the government is accessing or investigating the use of a government email account.



"The million dollar question," said Stephen I. Vladeck of American University Washington College of Law, "is why, before it became clear that General Petraeus was involved in this investigation, was it such a high priority for the FBI in the first place? The answer might be that someone just called in a favor."



Vladeck said that the FBI might flag a cyber harassment claim between two citizens, but absent a large threat or a deeper connection to another ongoing investigation they would not drop everything to investigate.



Catherine Crump of the ACLU said that until the details come out it is almost impossible to draw conclusions regarding the government's action.



In broad terms, civil libertarians believe the government should always have a warrant to access email even if it is more than 180 days old.



Crump said she believes that if the government got a warrant to access historical emails, and then even got another one when it discovered it needed more, it was complying with the law.



If, on the other hand, the government was monitoring emails in real time, that could raise questions.



"If there is a lesson here, it is about how incredibly difficult it is for anyone to do anything anonymously," said Crump. "You leave an electronic trail wherever you go. Given this new reality in which we all create permanent records of everything we say and do, it is all the more important that law enforcement be subjected to clear rules about what they can or cannot do."


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Man in Afghan uniform kills foreign service member

KABUL, Afghanistan (AP) — A gunman wearing an Afghan army uniform on Sunday shot and killed a member of the U.S.-led coalition forces fighting in Afghanistan — the latest in a spate of insider attacks that are fracturing the trust between NATO and Afghan forces.

Separately, officials said 11 Afghan civilians were killed by land mines on Sunday in explosions in the east and south.

U.S. Army Maj. Martyn Crighton, a spokesman for the coalition, said the service member was killed in the south. His identity and nationality were not disclosed.

Mohammad Zarak, spokesman for the governor of Helmand province, said the shooting took place in Nad Ali district after an argument between an Afghan soldier and coalition service members.

Coalition figures show at least 60 coalition service members have been killed so far this year and others have been wounded in about 45 insider attacks, where members of the Afghan security forces or insurgents dressed in their uniforms turn their guns on U.S. and allied troops.

The insider attacks have raised questions about how effectively the allied forces can train the Afghans to take over security of their own country in 2014 and beyond. Foreign forces are due to turn over security responsibility to the local military by the end of 2014.

A roadside bomb killed three men, two women and a baby in Khost province of eastern Afghanistan, deputy provincial police chief Youqib Khan said. He said their vehicle hit the bomb as they were returning from a hospital.

Three other civilians were killed when their vehicle detonated a land mine on the road between Helmand and Kandahar provinces, a government statement said.

Also in the south, two civilians who were walking were killed by a land mine in Khakrez district of Kandahar province, said Ahmad Jawed Faisal, a spokesman for the provincial governor.

The United Nations says homemade bombs continue to be the weapons that kill the most civilians in the war.

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Associated Press Writers Rahim Faiez and Mirwais Khan contributed to this report.

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Bond soars with record $87.8M 'Skyfall' debut

LOS ANGELES (AP) — James Bond's "Skyfall" has extended its worldwide box-office rule to North America, hauling in a franchise-record $87.8 million in its first weekend at U.S. theaters.

Adding in $2.2 million from Thursday night previews at IMAX and other large-format theaters, "Skyfall" has taken in $90 million domestically, according to studio estimates Sunday.

That lifts the worldwide total for "Skyfall" to $518.6 million since it began rolling out overseas in late October. Internationally, the 23rd Bond flick added $89 million this weekend to raise its overseas revenue to $428.6 million.

The third installment starring Daniel Craig as British super-spy Bond, "Skyfall" outdid the $67.5 million U.S. debut of 2008's "Quantum of Solace," the franchise's previous best opening. "Skyfall" more than doubled the $40.8 million debut of Craig's first Bond film, 2006's "Casino Royale."

"Skyfall" already has passed the $407.7 million overseas total for "Quantum of Solace" and by Monday, it will top the $432.2 million international haul for "Casino Royale."

The Craig era has reinvigorated one of Hollywood's most-enduring franchises, whose first big-screen Bond adventure, "Dr. No," debuted 50 years ago.

"It's quite a testament to Bond, considering it's the 50th anniversary. What a great anniversary present," said Rory Bruer, head of distribution at Sony, which produces the Bond films along with MGM.

"Skyfall" was the weekend's only new wide release, but Steven Spielberg's "Lincoln" had a huge start in a handful of theaters. Starring Daniel Day-Lewis as the 16th president, "Lincoln" took in $900,000 in 11 theaters for a whopping average of $81,818 a cinema. By comparison, "Skyfall" averaged $25,050 in 3,505 theaters.

"Lincoln" centers on the months leading up to the president's assassination in April 1865, as he maneuvers to pass the 13th amendment abolishing slavery and end the Civil War. Distributor Disney will expand "Lincoln" into nationwide release of about 1,600 theaters Friday and may widen the film further over Thanksgiving week.

The film has strong Academy Awards prospects for two-time directing winner Spielberg, two-time acting recipient Day-Lewis and the rest of the cast, which includes Oscar winners Sally Field and Tommy Lee Jones.

"The performances are some of the greatest of recent time," said Dave Hollis, head of distribution for Disney. "I don't know if you're ever going to think about it again without seeing our actor as Lincoln. Daniel is extraordinary in the role."

"Skyfall" took over the top spot at the weekend box office from Disney's animated comedy "Wreck-It Ralph," which fell to No. 2 with $33.1 million, raising its domestic total to $93.7 million.

While "Skyfall" marked a new high for Bond's opening-weekend revenue, the film has a long way to go to match the biggest audiences 007 has ever drawn. Adjusted for inflation, Sean Connery's 1965 Bond adventure "Thunderball" would have taken in an estimated $508 million domestically in today's dollars, with its 1964 predecessor "Goldfinger" not far behind at $444 million, according to box-office tracker Hollywood.com.

The Bond films over the last two decades have come in around the $200 million range domestically in inflation-adjusted dollars.

Still, Craig's Bond is setting a new critical standard for the franchise. While "Quantum of Solace" had a so-so critical reception, "Skyfall" and "Casino Royale" are among the best-reviewed Bond films, with critics and fans enjoying the darker edge Craig has imprinted on 007.

"'Skyfall' is to the Bond franchise what 'The Dark Knight' was to the Batman franchise," said Hollywood.com analyst Paul Dergarabedian. "By taking it to a whole other level, this is a different kind of Bond that can be taken really seriously."

Directed by Sam Mendes, the Academy Award-winning filmmaker behind "American Beauty" and Craig's director on "Road to Perdition," ''Skyfall" continues the current franchise's exploration into the emotional traumas that have shaped Bond's cool, aloof manner.

The film reveals secrets out of the past of Bond's boss, British spymaster M (Judi Dench), and pits 007 against a brilliant but unstable former agent (Javier Bardem) who's out for revenge.

Hollywood remains on a brisk pace this fall as the busy holiday season approaches. Overall domestic revenues totaled $172 million, up 26 percent from the same weekend last year, when "Immortals" led with $32.2 million.

For the year, domestic revenues are at $9.1 billion, up 4.3 percent from 2011's, according to Hollywood.com.

Estimated ticket sales for Friday through Sunday at U.S. and Canadian theaters, according to Hollywood.com. Where available, latest international numbers are also included. Final domestic figures will be released Monday.

1. "Skyfall," $87.8 million.

2. "Wreck-It Ralph," $33.1 million.

3. "Flight," $15.1 million.

4. "Argo," $6.7 million.

5. "Taken 2," $4 million.

6. "Here Comes the Boom," $2.6 million

7. "Cloud Atlas," $2.53 million.

8. "Pitch Perfect," $2.5 million.

9. "The Man with the Iron Fists," $2.49 million.

10. "Hotel Transylvania," $2.4 million.

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Online:

http://www.hollywood.com

http://www.rentrak.com

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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.

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Food labels multiply, some confuse consumers

FRESNO, Calif. (AP) — Want to avoid pesticides and antibiotics in your produce, meat, and dairy foods? Prefer to pay more to make sure farm animals were treated humanely, farmworkers got their lunch breaks, bees or birds were protected by the farmer and that ranchers didn't kill predators?

Food labels claim to certify a wide array of sustainable practices. Hundreds of so-called eco-labels have cropped up in recent years, with more introduced every month — and consumers are willing to pay extra for products that feature them.

While eco-labels can play a vital role, experts say their rapid proliferation and lack of oversight or clear standards have confused both consumers and producers.

"Hundreds of eco labels exist on all kinds of products, and there is the potential for companies and producers to make false claims," said Shana Starobin, a food label expert at Duke University's Nicholas School of the Environment.

Eco-labels have multiplied in recent years in response to rising consumer demand for more information about products and increased attention to animal and farmworker welfare, personal health, and the effects of conventional farming on the environment.

"Credible labels can be very helpful in helping people get to what they want to get to and pay more for something they really care about," said Urvashi Rangan, director of consumer safety at Consumer Reports. "The labels are a way to bring the bottom up and force whole industries to improve their practices."

The problem, Rangan and other said, is that few standards, little oversight and a lot of misinformation exist for the growing array of labels.

Some labels, such as the USDA organic certification, have standards set by the federal government to which third party certifiers must adhere. Some involve non-government standards and third-party certification, and may include site visits from independent auditors who evaluate whether a given farm or company has earned the label.

But other labels have little or no standards, or are certified by unknown organizations or by self-interested industry groups. Many labels lack any oversight.

And the problem is global, because California's products get sold overseas and fruits and vegetables from Europe or Mexico with their own eco-labels make it onto U.S. plates.

The sheer number of labels and the lack of oversight create a credibility problem and risk rendering all labels meaningless and diluting demand for sustainably produced goods, Rangan said.

Daniel Mourad of Fresno, a young professional who likes to cook and often shops for groceries at Whole Foods, said he tends to be wary of judging products just by the labels — though sustainable practices are important to him.

"Labels have really confused the public. Some have good intentions, but I don't know if they're really helpful," Mourad said. "Organic may come from Chile, but what does it mean if it's coming from 6,000 miles away? Some local farmers may not be able to afford a label."

In California, voters this week rejected a ballot measure that would have required labels on foods containing genetically modified ingredients.

Farmers like Gena Nonini in Fresno County say labels distinguish them from the competition. Nonini's 100-acre Marian Farms, which grows grapes, almonds, citrus and vegetables, is certified biodynamic and organic, and her raisins are certified kosher.

"For me, the certification is one way of educating people," Nonini said. "It opens a venue to tell a story and to set yourself apart from other farmers out there."

But other farmers say they are reluctant to spend money on yet another certification process or to clutter their product with too much packaging and information.

"I think if we keep adding all these new labels, it tends to be a pile of confusion," said Tom Willey of TD Willey Farms in Madera, Calif. His 75-acre farm, which grows more than 40 different vegetable crops, carries USDA organic certification, but no other labels.

The proliferation of labels, Willey said, is a poor substitute for "people being intimate with the farmers who grow their food." Instead of seeking out more labels, he said, consumers should visit a farmers' market or a farm, and talk directly to the grower.

Since that's still impossible for many urbanites, Consumer Reports has developed a rating system, a database and a web site for evaluating environmental and food labels — one of several such guides that have popped up recently to help consumers.

The guides show that labels such as "natural" and "free range" carry little meaning, because they lack clear standards or a verification system.

Despite this, consumers are willing to pay more for "free range" eggs and poultry, and studies show they value "natural" over "organic," which is governed by lengthy federal regulations.

But some consumers and watchdog groups are becoming more vigilant.

In October, the Animal Legal Defense Fund filed a lawsuit against Petaluma, Calif., organic egg producer of Judy's Eggs over "free range" claims. The company's packaging depicts a hen ranging on green grass, and the inside reads "these hens are raised in wide open spaces in Sonoma Valley..."

Aerial photos of the farm suggest the chickens actually live in factory-style sheds, according to the lawsuit. Judy and Steve Mahrt, owners of Petaluma Farms, said in a statement that the suit is "frivolous, unfair and untrue," but they did not comment on the specific allegations.

Meanwhile, new labels are popping up rapidly. The Food Justice label, certified via third party audits, guarantees a farm's commitment to fair living wages and adequate living and working conditions for farmworkers. And Wildlife Friendly, another third-party audited program, certifies farmers and ranchers who peacefully co-exist with wolves, coyotes, foxes and other predators.

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Follow Gosia Wozniacka at http://twitter.com/GosiaWozniacka

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Obama honors sacrifice made by nation's veterans

WASHINGTON (AP) — President Barack Obama paid tribute at a Veterans Day ceremony at Arlington National Cemetery to "the heroes over the generations who have served this country of ours with distinction."

He said the wreath he laid earlier at Tomb of the Unknowns was intended to remember every service member who has worn a uniform and served the nation.

In a speech at the Memorial Amphitheater during the brisk, sunny morning, Obama said America will never forget the sacrifice made by its veterans and their families.

"No ceremony or parade, no hug or handshake is enough to truly honor that service," the president said, adding that the country must commit every day "to serving you as well as you've served us."

He spoke of the Sept. 11 generation, "who stepped forward when the Towers fell, and in the years since have stepped into history, writing one of the greatest chapters in military service our country has ever known. You've toppled a dictator and battled an insurgency in Iraq. You pushed back the Taliban and decimated al-Qaida in Afghanistan. You delivered justice to Osama bin Laden."

Obama also said this was the first Veterans Day in a decade with no American troops fighting and dying in Iraq, and that a decade of war in Afghanistan is coming to a close.

Over the next few years, he said, more than 1 million service members will make the transition to civilian life. As they come home, Obama urged their fellow citizens to always be there for them and their families.

Later, the president and his wife, first lady Michelle Obama, and Vice President Joe Biden and his wife, Jill, greeted families in the cemetery's Section 60, home to graves of service members killed in Afghanistan and Iraq.

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