Wal-Mart holiday profit rises despite lackluster sales


(Reuters) - Wal-Mart Stores Inc posted a larger-than-expected rise in quarterly profit on Thursday, as a lower-than-anticipated tax rate helped to overcome some weakness in sales at its major Walmart U.S. unit that persisted into the beginning of February.


The world's largest retailer also raised its dividend payout. Its shares fell 1 percent in premarket trading.


Wal-Mart earned $1.67 per share from continuing operations in the fiscal fourth quarter, up from $1.51 per share a year earlier. Wal-Mart had forecast a profit of $1.53 to $1.58 per share from continuing operations, and analysts expected it to earn $1.57 per share, according to Thomson Reuters I/B/E/S.


Walmart U.S. has had a slow start to February, which Walmart U.S. Chief Executive Bill Simon attributed largely to a delay in income tax refunds. The company expects sales at Walmart U.S. stores open at least a year, or same-store sales, to be about flat during the current first quarter. A year earlier, such sales rose 2.6 percent.


Efforts such as extending its layaway program and matching competitors' prices attracted shoppers during the competitive holiday season, but Walmart U.S. same-store sales rose just 1 percent in the fourth quarter. The company had forecast an increase of 1 percent to 3 percent, and analysts, on average, had looked for a 1.5 percent gain.


A year earlier, Walmart U.S. same-store sales rose 1.5 percent.


Still, Wal-Mart said that its biggest unit gained market share in major categories of food, consumables, health and wellness and over-the-counter medications, as well as in entertainment and toys, which are big sellers during the holiday period, citing data from Nielsen and the NPD Group.


(Reporting by Jessica Wohl in Boca Raton, Florida; Editing by Maureen Bavdek)



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Prosecutors: Detective should be dropped from case


PRETORIA, South Africa (AP) — South Africa's National Prosecuting Authority acknowledged Thursday that the timing of attempted murder charges against a policeman leading the investigation into Oscar Pistorius was "totally weird" and that the policeman should be dropped from the case against the world-famous athlete.


Bulewa Makeke, spokeswoman for the NPA, said it was a decision for police and not prosecutors whether to take detective Hilton Botha off the case that has riveted the world's attention and is bringing scrutiny on South Africa's justice system. Botha testified on Wednesday in the case, acknowledging that nothing in Pistorius' account of the fatal Valentine's Day shooting of his girlfriend contradicted what police had discovered. That testimony in the double amputee's bail hearing marked a setback for the prosecution.


Botha was summoned by the magistrate on Thursday after police said charges have been reinstated against him in connection with a 2011 shooting incident in which he and two other officers allegedly fired at a minibus.


"Is he going to be dropped from the case? I don't know. I think the right thing would be for him to be dropped," Makeke said outside Pretoria Magistrate's Court shortly before Pistorius' bail hearing went into a third day. "Obviously there will be consultations between the two (police and prosecutors) to determine what is the best course of action."


Magistrate Desmond Nair questioned Botha over delays in processing records from phones found in Pistorius' house following the killing of 29--year-old Reeva Steenkamp. Prosecutors have charged Pistorius, a Paralympian who also competed in the London games last year, with premeditated murder. Pistorius says he mistook Steenkamp for an intruder.


Botha also testified Thursday that he had investigated a 2009 complaint against Pistorius by a woman who claimed the athlete had assaulted her. He said that Pistorius had not hurt her and that the woman had actually injured herself when she kicked a door at Pistorius' home.


The chief prosecutor, Gerrie Nel, said in court Thursday that they were not aware that the charges against Botha had been recently reinstated when he testified against Pistorius. Police say that Botha and two other police officers fired at a minibus they were trying to stop and will appear in court in May to face seven counts of attempted murder.


Pistorius is charged with premeditated murder in the Valentine's Day shooting of his girlfriend.


Pistorius' defense team on Thursday began to pick apart the state's case against him.


"The poor quality of the evidence offered by investigative officer Botha exposed the disastrous shortcomings of the state's case," Roux said Thursday as Pistorius sat calmly in the dock looking down at his hands.


___


AP Sports Writer Gerald Imray in Johannesburg contributed to this report.


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Would the pope vote be hackable?




The Conclave of Cardinals that will elect a new pope will meet in the Sistine Chapel in Vatican City.




STORY HIGHLIGHTS


  • Bruce Schneier: Rules for picking a new pope are very detailed

  • He says elaborate precautions are taken to prevent election fraud

  • Every step of the election process is observed by people who know each other

  • Schneier: Vatican's procedures, centuries in the making, are very secure




Editor's note: Bruce Schneier is a security technologist and author of "Liars and Outliers: Enabling the Trust Society Needs to Survive." In 2005, before the conclave that elected Pope Benedict XVI, Schneier wrote a piece on his blog about the process. This essay is an updated version, reflecting new information and analysis.


(CNN) -- As the College of Cardinals prepares to elect a new pope, security people like me wonder about the process. How does it work, and just how hard would it be to hack the vote?


The rules for papal elections are steeped in tradition. John Paul II last codified them in 1996, and Benedict XVI left the rules largely untouched. The "Universi Dominici Gregis on the Vacancy of the Apostolic See and the Election of the Roman Pontiff" is surprisingly detailed.


Every cardinal younger than 80 is eligible to vote. We expect 117 to be voting. The election takes place in the Sistine Chapel, directed by the church chamberlain. The ballot is entirely paper-based, and all ballot counting is done by hand. Votes are secret, but everything else is open.



Bruce Schneier

Bruce Schneier



First, there's the "pre-scrutiny" phase.


"At least two or three" paper ballots are given to each cardinal, presumably so that a cardinal has extras in case he makes a mistake. Then nine election officials are randomly selected from the cardinals: three "scrutineers," who count the votes; three "revisers," who verify the results of the scrutineers; and three "infirmarii," who collect the votes from those too sick to be in the chapel. Different sets of officials are chosen randomly for each ballot.


Each cardinal, including the nine officials, writes his selection for pope on a rectangular ballot paper "as far as possible in handwriting that cannot be identified as his." He then folds the paper lengthwise and holds it aloft for everyone to see.


When everyone has written his vote, the "scrutiny" phase of the election begins. The cardinals proceed to the altar one by one. On the altar is a large chalice with a paten -- the shallow metal plate used to hold communion wafers during Mass -- resting on top of it. Each cardinal places his folded ballot on the paten. Then he picks up the paten and slides his ballot into the chalice.


Pope may change rules to allow earlier election


If a cardinal cannot walk to the altar, one of the scrutineers -- in full view of everyone -- does this for him.










If any cardinals are too sick to be in the chapel, the scrutineers give the infirmarii a locked empty box with a slot, and the three infirmarii together collect those votes. If a cardinal is too sick to write, he asks one of the infirmarii to do it for him. The box is opened, and the ballots are placed onto the paten and into the chalice, one at a time.


When all the ballots are in the chalice, the first scrutineer shakes it several times to mix them. Then the third scrutineer transfers the ballots, one by one, from one chalice to another, counting them in the process. If the total number of ballots is not correct, the ballots are burned and everyone votes again.


To count the votes, each ballot is opened, and the vote is read by each scrutineer in turn, the third one aloud. Each scrutineer writes the vote on a tally sheet. This is all done in full view of the cardinals.


The total number of votes cast for each person is written on a separate sheet of paper. Ballots with more than one name (overvotes) are void, and I assume the same is true for ballots with no name written on them (undervotes). Illegible or ambiguous ballots are much more likely, and I presume they are discarded as well.


Then there's the "post-scrutiny" phase. The scrutineers tally the votes and determine whether there's a winner. We're not done yet, though.


The revisers verify the entire process: ballots, tallies, everything. And then the ballots are burned. That's where the smoke comes from: white if a pope has been elected, black if not -- the black smoke is created by adding water or a special chemical to the ballots.



Being elected pope requires a two-thirds plus one vote majority. This is where Pope Benedict made a change. Traditionally a two-thirds majority had been required for election. Pope John Paul II changed the rules so that after roughly 12 days of fruitless votes, a simple majority was enough to elect a pope. Benedict reversed this rule.


How hard would this be to hack?


First, the system is entirely manual, making it immune to the sorts of technological attacks that make modern voting systems so risky.


Second, the small group of voters -- all of whom know each other -- makes it impossible for an outsider to affect the voting in any way. The chapel is cleared and locked before voting. No one is going to dress up as a cardinal and sneak into the Sistine Chapel. In short, the voter verification process is about as good as you're ever going to find.


A cardinal can't stuff ballots when he votes. The complicated paten-and-chalice ritual ensures that each cardinal votes once -- his ballot is visible -- and also keeps his hand out of the chalice holding the other votes. Not that they haven't thought about this: The cardinals are in "choir dress" during the voting, which has translucent lace sleeves under a short red cape, making sleight-of-hand tricks much harder. Additionally, the total would be wrong.


The rules anticipate this in another way: "If during the opening of the ballots the scrutineers should discover two ballots folded in such a way that they appear to have been completed by one elector, if these ballots bear the same name, they are counted as one vote; if however they bear two different names, neither vote will be valid; however, in neither of the two cases is the voting session annulled." This surprises me, as if it seems more likely to happen by accident and result in two cardinals' votes not being counted.


Ballots from previous votes are burned, which makes it harder to use one to stuff the ballot box. But there's one wrinkle: "If however a second vote is to take place immediately, the ballots from the first vote will be burned only at the end, together with those from the second vote." I assume that's done so there's only one plume of smoke for the two elections, but it would be more secure to burn each set of ballots before the next round of voting.


The scrutineers are in the best position to modify votes, but it's difficult. The counting is conducted in public, and there are multiple people checking every step. It'd be possible for the first scrutineer, if he were good at sleight of hand, to swap one ballot paper for another before recording it. Or for the third scrutineer to swap ballots during the counting process. Making the ballots large would make these attacks harder. So would controlling the blank ballots better, and only distributing one to each cardinal per vote. Presumably cardinals change their mind more often during the voting process, so distributing extra blank ballots makes sense.


There's so much checking and rechecking that it's just not possible for a scrutineer to misrecord the votes. And since they're chosen randomly for each ballot, the probability of a cabal being selected is extremely low. More interesting would be to try to attack the system of selecting scrutineers, which isn't well-defined in the document. Influencing the selection of scrutineers and revisers seems a necessary first step toward influencing the election.


If there's a weak step, it's the counting of the ballots.


There's no real reason to do a precount, and it gives the scrutineer doing the transfer a chance to swap legitimate ballots with others he previously stuffed up his sleeve. Shaking the chalice to randomize the ballots is smart, but putting the ballots in a wire cage and spinning it around would be more secure -- albeit less reverent.


I would also add some kind of white-glove treatment to prevent a scrutineer from hiding a pencil lead or pen tip under his fingernails. Although the requirement to write out the candidate's name in full provides some resistance against this sort of attack.


Probably the biggest risk is complacency. What might seem beautiful in its tradition and ritual during the first ballot could easily become cumbersome and annoying after the twentieth ballot, and there will be a temptation to cut corners to save time. If the Cardinals do that, the election process becomes more vulnerable.


A 1996 change in the process lets the cardinals go back and forth from the chapel to their dorm rooms, instead of being locked in the chapel the whole time, as was done previously. This makes the process slightly less secure but a lot more comfortable.


Of course, one of the infirmarii could do what he wanted when transcribing the vote of an infirm cardinal. There's no way to prevent that. If the infirm cardinal were concerned about that but not privacy, he could ask all three infirmarii to witness the ballot.


There are also enormous social -- religious, actually -- disincentives to hacking the vote. The election takes place in a chapel and at an altar. The cardinals swear an oath as they are casting their ballot -- further discouragement. The chalice and paten are the implements used to celebrate the Eucharist, the holiest act of the Catholic Church. And the scrutineers are explicitly exhorted not to form any sort of cabal or make any plans to sway the election, under pain of excommunication.


The other major security risk in the process is eavesdropping from the outside world. The election is supposed to be a completely closed process, with nothing communicated to the world except a winner. In today's high-tech world, this is very difficult. The rules explicitly state that the chapel is to be checked for recording and transmission devices "with the help of trustworthy individuals of proven technical ability." That was a lot easier in 2005 than it will be in 2013.


What are the lessons here?


First, open systems conducted within a known group make voting fraud much harder. Every step of the election process is observed by everyone, and everyone knows everyone, which makes it harder for someone to get away with anything.


Second, small and simple elections are easier to secure. This kind of process works to elect a pope or a club president, but quickly becomes unwieldy for a large-scale election. The only way manual systems could work for a larger group would be through a pyramid-like mechanism, with small groups reporting their manually obtained results up the chain to more central tabulating authorities.


And third: When an election process is left to develop over the course of a couple of thousand years, you end up with something surprisingly good.


Follow @CNNOpinion on Twitter.


Join us at Facebook/CNNOpinion.


The opinions expressed in this commentary are solely those of Bruce Schneier.






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Are you getting the fish you paid for?

Dirk Fucik, owner of Dirk's Fish Gourmet Shop on February 19, 2013 says fish substitution in the restaurant industry is a common phenomena driven by profits. (Alex Garcia, Chicago Tribune)









Chicago diners who think they are eating red snapper may actually be munching on goldbanded jobfish.


Those who order Alaskan cod may really be tucking into a threadfin slickhead. And fans of yellowtail could just be getting a fish tale.


These are some of the findings of a Chicago fish fraud investigation to be released Thursday by conservancy group Oceana.








After its troubling seafood fraud investigations in East and West Coast cities over the last two years, the group expanded its testing to other cities, including Chicago. Thirty of 93 fish samples taken from Chicago restaurants, retail chains and sushi bars were mislabeled, mirroring percentages found in other cities.


Eight of nine Chicago red snapper samples tested by Oceana turned out to be different fish, the report said. And none of the three yellowtail samples tested was actually yellowtail. Single samples sold as corvina, jack, mackerel and even perch did not match those descriptions, according to Oceana's DNA tests.


The ocean conservancy organization does not list the names of the restaurants or stores where it bought the fish because "we didn't know where, along the supply chain, the mislabeling first occurred," said Beth Lowell Oceana's seafood fraud campaign director."So we didn't want to call out businesses that may not have known their fish was mislabeled."


Improperly labeled fish can cost consumers financially, but these substitutions also can have health consequences. As in many cities, Chicago purveyors were found marketing white tuna that was actually escolar, which is cheaper and can cause severe digestive problems.


On a reassuring note for local fish fans, every one of the 22 salmon samples Oceana tested in the area checked out just fine. Ditto for the seven halibut and seven grouper samples — a surprise, Oceana noted, because grouper has frequently been found mislabeled elsewhere.


Among the places where testers bought the samples, sushi bars fared the worst, with 64 percent (or 14 out of 22) of the samples coming back as erroneously labeled. In contrast, 20 percent of fish sold at other types of restaurants and 24 percent of the seafood sold at grocery stores was mislabeled. Oceana said it focused mainly on large grocery chains.


Lowell says consumers can minimize their risk by patronizing businesses that make an effort to source sustainable fish, are willing to answer lots of questions about the product, and can show you the whole fish even if you are only going to buy a fillet.


Dirk Fucik, owner of Dirk's Fish and Gourmet Shop in Lincoln Park, says he does all that, but he's not surprised that others don't.


"It's unfortunate, but this has been going on in the seafood business for a long time," said Fucik, a veteran fishmonger and a former co-owner of Burhop's. "The U.S. imports about 25 million pounds of a Vietnamese catfish called basa (also called pangasius) every year. When's the last time you saw that on a menu?"


Americans may be particularly vulnerable to fish fraud because of their preference for white-fleshed fish with little taste variation.


"Most other countries show a preference for oiler, more flavorful fish, but Americans like their fish on the milder side," said Christopher Martinez, a manager at Dirk's. "And with a lot of those mild varieties, if you remove the fillet from the fish and take off the skin, you can call it just about anything."


Gavin Gibbons, spokesman for the National Fisheries Institute, a trade group, says he's always glad to see "people shining a light on fish fraud."


But, he said, he thinks reports like Oceana's "can negatively impact the whole community, and disproportionately those who are not engaging" in fraud.


It would be more helpful to go deeper, he said, and find where the fraud originates: at the dock, the distributor, the retailer or some point in between. "We feel like these investigations leave the loop unclosed," he said.


A 2011 investigative series by the Boston Globe reported that at least some of the fraud started at the distribution level. It said suppliers had been labeling escolar, for example, interchangeably with white/albacore tuna. The Globe noted that the less expensive escolar is not even in the tuna family.


The Food, Drug and Cosmetic Act is enforced by the U.S. Food and Drug Administration and prohibits the mislabeling of food. In October, after another Oceana report, Sen. Barbara Boxer, D-Calif., and scores of seafood advocates sent letters to the FDA urging it to combat fraud with stepped-up inspections.


Boxer noted in her letter that fraud isn't just "deceptive marketing, but it can also pose serious health concerns, particularly for pregnant women seeking to limit exposure to heavy metals or individuals with serious allergies to certain types of fish."





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Cameroon, Nigeria officials deny French hostages freed


YAOUNDE (Reuters) - The fate of seven French tourists seized in Cameroon by suspected Nigerian Islamist militants was unclear on Thursday after government officials denied French media reports that they had been freed.


The hostages, four children and three adults, were captured this week while on an excursion to the Waza national park near Cameroon's border with Nigeria.


Several French media reported earlier on Thursday that the hostages had been found alive in a house in northern Nigeria and freed.


"The hostages are safe and sound and are in the hands of Nigerian authorities," BFMTV quoted a Cameroon army officer as saying.


"This is a crazy rumor that we cannot confirm. We do not know where is it coming from," Cameroon Communications Minister Issa Tchiroma Bakary said by telephone from the capital Yaounde.


Sagir Musa, a spokesman for Nigeria's military, told Reuters the report was "not true."


Kader Arif, France's minister for veterans' affairs, told parliament on Thursday that the seven hostages had been released but retracted his statement minutes later, saying he had been quoting media reports and there was no official confirmation.


It was the first case of foreigners being seized by suspected Islamist militants in the mainly Muslim north of Cameroon, a former French colony.


The region is seen as being within the operational sphere of Nigerian sect Boko Haram and another Islamist militant group, Ansaru.


The threat to French nationals in the region has grown since France deployed thousands of troops to nearby Mali to root out al Qaeda-linked Islamists who took control of the country's north last year.


The kidnapping in Cameroon brought to 15 the number of French citizens being held in West Africa.


French diplomatic sources said the government would not confirm the hostages had been released until it had physical proof, or until they were in French hands.


(Reporting By Emile Picy and Nicholas Vinocur in Paris; Additional reporting by Joe Brock in Abuja and Bate Felix and John Irish in Dakar; Editing by Pravin Char and Tom Pfeiffer)



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Stock futures flat with data, Fed minutes on tap

NEW YORK (Reuters) - Stock index futures were little changed on Wednesday, ahead of data on the housing market and inflation, as well as minutes from the Federal Open Market Committee's January meeting.


Housing starts and permits for January along with the January producer price index are due at 8:30 a.m. (1330 GMT).


Economists in a Reuters survey forecast the housing starts data to show a 925,000-unit annualized rate in January versus 954,000 in December, and a total of 915,000 permits in January compared with 909,000 in the prior month. PPI is expected to show a 0.4 percent rise compared with a 0.3 percent drop in December. Excluding volatile food and energy items, PPI is expected to rise 0.2 percent versus with a 0.1 percent increase in December.


Later in the session, investors will look to the minutes from the Fed's January meeting for any clues on how long the current monetary policy will remain in effect.


The S&P 500 <.spx> is up 7.4 percent for the year, fueled by legislators' ability to sidestep an automatic implementation of spending cuts on tax hikes on January 1, better-than-expected corporate earnings and modestly improving economic data that has been tepid enough for the Fed to maintain its stimulus policy.


S&P 500 futures slipped 0.5 point and were slightly below fair value, a formula that evaluates pricing by taking into account interest rates, dividends and time to expiration on the contract. Dow Jones industrial average futures rose 14 points, and Nasdaq 100 futures added 2 points.


As earnings season winds down, S&P 500 companies set to report include Devon Energy Corp and Fluor Corp .


According to the Thomson Reuters data through Tuesday morning, of the 391 companies in the S&P 500 that have reported results, 70.1 percent have exceeded analysts' expectations, compared with a 62 percent average since 1994 and 65 percent over the past four quarters.


Fourth-quarter earnings for S&P 500 companies are estimated to have risen 5.6 percent, according to the data, above a 1.9 percent forecast at the start of the earnings season.


European shares traded flat, consolidating after the previous session's sharp gains, held back by weak earnings newsflow and as traders cited caution ahead of the minutes from the Fed's January policy meeting. <.eu/>


Asian shares scaled their highest levels since August 2011 after an improving global economic outlook whetted investor appetite for risk, while the yen firmed amid doubts over Japan's commitment to drastic reflation.


(Reporting by Chuck Mikolajczak; Editing by Chizu Nomiyama)



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Police: No inconsistencies in Pistorius account


PRETORIA, South Africa (AP) — A police detective, testifying at Oscar Pistorius' bail hearing Wednesday, said that police have not found anything inconsistent with how the star athlete described his shooting of his girlfriend — a killing that Pistorius says was accidental but which prosecutors call murder.


The second day of the bail hearing in a case that has riveted South Africa and much of the world appeared at first to go against the double amputee, with prosecutor Gerrie Nel saying a witness can testify to hearing "non-stop talking, like shouting" between 2 a.m. and 3 a.m. before the predawn shooting on Valentine's Day.


Pistorius said in an affidavit read in court Tuesday that he and girlfriend Reeva Steenkamp, a 29-year-old model and budding reality TV star, had gone to bed and that when he awoke during the night he detected what he thought was an intruder in the bathroom. He testified that he grabbed his 9 mm pistol and fired into the bathroom door, only to discover later to his horror that Steenkamp was there, mortally wounded.


Under cross-examination, police Detective Warrant Officer Hilton Botha acknowledged that the witness who allegedly overheard argument was 600 meters (yards) from Pistorius' house, where the shooting occurred.


Pistorius, the first Paralympian runner to compete at the Olympic Games, is charged with premeditated murder in the case.


The prosecution attempted to cement its argument that the couple had a shouting match, that Steenkamp fled and locked herself into the toilet and that Pistorius fired four shots through the door, hitting her with three bullets.


Botha added: "I believe that he knew that Reeva was in the bathroom and he shot four shots through the door."


But asked if the police found anything inconsistent with the version of events presented by Pistorius, Botha responded that they had not.


Botha, a 16-year police veteran, said the trajectory of the bullets showed the gun was fired pointed down and from a height. Pistorius' statement Tuesday said that he was on his stumps and feeling vulnerable when he opened fired. Prosecutor Gerrie Nel has said the killing was premeditated because Pistorius took time to put on his prosthetic legs before the shooting.


Nel projected a plan of the bedroom and bathroom for the courtroom and argued Pistorius had to walk past his bed to get to the bathroom and could not have done so without realizing the Steenkamp was not in the bed.


"There's no other way of getting there," Nel said.


Hilton said the holster for the 9 mm pistol was found under the side of the bed on which Steenkamp slept — also implying it would have been impossible for Pistorius to get the gun without realizing that Steenkamp was not in the bed and could have been the person in the bathroom. Pistorius testified Tuesday that the bedroom was pitch dark.


Hilton said Steenkamp was shot in the head over her right ear and in her right elbow and hip, with both joints broken by the impacts.


Defense attorney Barry Roux asked Botha if Steenkamp's body showed "any pattern of defensive wounds," and the detective said it did not.


Hilton said the shots were fired from 1.5 meters (five feet), and that police found three spent cartridges in the bathroom and one in the hallway connecting the bathroom to the bedroom.


Police also found two iPhones in the bathroom and two BlackBerrys in the bedroom, Hilton said, adding that none had been used to phone for help. Pistorius had said that he called the manager of his guarded and gated housing complex and a private paramedic service.


Roux said Pistorius did make calls, including to the guards of the housing estate. In one case, he said, a guard could hear Pistorius crying. "Was it part of his premeditated plan, not to switch off the phone and cry?" Roux asked sarcastically.


Botha said Pistorius did not have a license for a .38-caliber weapon and consequently his possession of ammunition for such a weapon was illegal.


The detective said that all Pistorius would say after the shooting was "he thought it was a burglar."


In an additional revelation Wednesday, police said they found two boxes of testosterone and needles in the Pistorius' bedroom.


But Roux said the substance was a "herbal remedy," and not a steroid or a banned substance.


----


Imray reported from Johannesburg, from which Associated Press writer Michelle Faul contributed to this report.


Read More..

Obama can't kick his legacy down road











By Gloria Borger, CNN Chief Political Analyst


February 19, 2013 -- Updated 2122 GMT (0522 HKT)







President Obama has a small window of opportunity to get Congress to act on his priorities, Gloria Borger says.




STORY HIGHLIGHTS


  • Gloria Borger: Prospect of deep budget cuts was designed to compel compromise

  • She says the "unthinkable" cuts now have many supporters

  • The likelihood that cuts may happen shows new level of D.C. dysfunction, she says

  • Borger: President may want a 2014 House victory, but action needed now




(CNN) -- So let's try to recount why we are where we are. In August 2011, Washington was trying to figure out how to raise the debt ceiling -- so the US might continue to pay its bills -- when a stunt was hatched: Kick the can down the road.


And not only kick it down the road, but do it in a way that would eventually force Washington to do its job: Invent a punishment.



Gloria Borger

Gloria Borger



If the politicians failed to come up with some kind of budget deal, the blunt instrument of across-the-board cuts in every area would await.


Unthinkable! Untenable!


Until now.


In fact, something designed to be worse than any conceivable agreement is now completely acceptable to many.



And not only are these forced budget cuts considered acceptable, they're even applauded. Some Republicans figure they'll never find a way to get 5% across-the-board domestic spending cuts like this again, so go for it. And some liberal Democrats likewise say 8% cuts in military spending are better than anything we might get on our own, so go for it.


The result: A draconian plan designed to force the two sides to get together has now turned out to be too weak to do that.


And what does that tell us? More about the collapse of the political process than it does about the merits of any budget cuts. Official Washington has completely abdicated responsibility, taking its dysfunction to a new level -- which is really saying something.


We've learned since the election that the second-term president is feeling chipper. With re-election came the power to force Republicans to raise taxes on the wealthy in the fiscal cliff negotiations, and good for him. Americans voted, and said that's what they wanted, and so it happened. Even the most sullen Republicans knew that tax fight had been lost.


Points on the board for the White House.




Now the evil "sequester" -- the forced budget cuts -- looms. And the president proposes what he calls a "balanced" approach: closing tax loopholes on the rich and budget cuts. It's something he knows Republicans will never go for. They raised taxes six weeks ago, and they're not going to do it again now. They already gave at the office. And Republicans also say, with some merit, that taxes were never meant to be a part of the discussion of across-the-board cuts. It's about spending.


Here's the problem: The election is over. Obama won, and he doesn't really have to keep telling us -- or showing us, via staged campaign-style events like the one Tuesday in which he used police officers as props while he opposed the forced spending cuts.


What we're waiting for is the plan to translate victory into effective governance.


Sure, there's no doubt the president has the upper hand. He's right to believe that GOP calls for austerity do not constitute a cohesive party platform. He knows that the GOP has no singular, effective leader, and that its message is unformed. And he's probably hoping that the next two years can be used effectively to further undermine the GOP and win back a Democratic majority in the House.


Slight problem: There's plenty of real work to be done, on the budget, on tax reform, on immigration, climate change and guns. A second-term president has a small window of opportunity. And a presidential legacy is not something that can be kicked down the road.


Follow @CNNOpinion on Twitter.


Join us at Facebook/CNNOpinion.


The opinions expressed in this commentary are solely those of Gloria Borger.











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Pablo Spiller says consumers will likely get more choices and improved quality of service.







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Convincing Congress to take on climate change will be an uphill battle, unless there's strong grass roots support, says Julian Zelizer.







February 17, 2013 -- Updated 1337 GMT (2137 HKT)



Bob Greene says the stories of former slaves, compiled in 1930s, tell of families torn apart, people deprived of basic freedoms







February 18, 2013 -- Updated 0028 GMT (0828 HKT)



Cameron Russell says her looks fit a narrow definition of beauty and her career as a model gives her views undeserved attention







February 19, 2013 -- Updated 0116 GMT (0916 HKT)



Meg Urry says the likelihood that a meteor hits and an asteroid passes close by Earth on the same day is quite improbable, yet the two events happened on Friday







February 19, 2013 -- Updated 1728 GMT (0128 HKT)



Frida Ghitis says the murder of Reeva Steenkamp allegedly by Oscar Pistorius is a reminder that we have to do more to protect women.



















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Jesse Jackson Jr., Sandi Jackson expected to plead guilty today









WASHINGTON — Former Rep. Jesse Jackson Jr., and his wife, former Chicago Ald. Sandi Jackson, are expected to plead guilty to federal charges today, when more details may emerge about an alleged crime spree in which he is accused of spending more than $750,000 in campaign cash to buy luxury items, memorabilia and other goods.

Attorneys familiar with public corruption investigations said the amount of campaign cash allegedly converted to personal use in this case is the largest of any that they can remember.






Jackson Jr., who has been largely out of the public eye for eight months, is to appear in court at 9:30 a.m. Chicago time. His wife is to appear at 1:30 p.m. Chicago time. Both Jacksons will stand before U.S. District Court Judge Robert Wilkins.

Sentencing is not expected for several weeks. Jackson Jr. faces up to five years in prison, while she faces up to three years, according to the U.S. Attorney’s Office for the District of Columbia.

Jackson Jr., 47, was in the House of Representatives for 17 years until he resigned last November. Sandi Jackson, 49, was a Chicago alderman from 2007 until she stepped down in January.

He is charged with conspiracy in a case involving a $43,350 men’s Rolex watch, nearly $9,600 in children’s furniture and $5,150 in cashmere clothing and furs, court papers show. She is charged with filing false tax returns for six years, most recently calendar year 2011.

When separate felony charges were filed against them Friday, their attorneys said the two would plead guilty.

Prosecutors also are seeking a $750,000 judgment against Jackson Jr. and the forfeiture of thousands of dollars of goods he purchased, including cashmere clothing, furs and an array of memorabilia from celebrities including Michael Jackson, Bruce Lee and civil rights leader Martin Luther King Jr.

Jackson Jr. began a mysterious medical leave of absence last June for what was eventually described as bipolar disorder. Though he did not campaign for re-election, he won another term last Nov. 6 while being treated at the Mayo Clinic in Minnesota. He left office two weeks later, saying he was cooperating with federal investigators.

Married for more than 20 years, the Jacksons have a 12-year-old daughter and a 9-year-old son. The family has homes in Washington and on Chicago’s South Side.

Washington defense attorney Stan Brand, the former general counsel of the House of Representatives, said Tuesday that Jackson Jr.’s case involved the largest sum of money he’s seen in a case involving personal use of campaign money. “Historically, there have been members of Congress who either inadvertently or maybe purposefully, but not to this magnitude, used campaign funds inappropriately,” he said.

Brand said that when the dollar figure involved is low, a lawmaker may be fined and ordered to reimburse the money. “This is so large, the Department of Justice decided to make his case criminal,” he said.

Other attorneys said they could not remember a bigger case of its kind. Washington attorney Ken Gross, a former lawyer for the Federal Election Commission, said: “Directly dipping into your campaign coffers, and spending money on personal items, I can’t recall a case where it involved this much money.”

Brand once represented another disgraced Illinois Democratic congressman, Rep. Dan Rostenkowski, who in 1996 pleaded guilty to two counts of mail fraud. Rostenkowski was later represented by attorney Dan Webb, who is Sandi Jackson’s counsel.

Rostenkowski, who died in 2010, entered his pleas and received his punishment in the U.S. District Court for the District of Columbia — the same venue on the Jacksons’ calendars on Wednesday.

kskiba@tribune.com

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Bulgarian government resigns amid growing protests


SOFIA (Reuters) - Bulgaria's government resigned on Wednesday after violent nationwide protests against high power prices, joining a long list of European administrations felled by austerity during Europe's debt crisis.


Prime Minister Boiko Borisov, a former bodyguard who swept to power in 2009 on pledges to root out corruption and raise living standards in the European Union's poorest member, now faces a tough task to prop up eroding support ahead of a probable early election.


Wage and pension freezes and tax hikes have bitten deep in a country where living standards are less than half the EU average and tens of thousands of Bulgarians have rallied in protests that have turned violent, chanting "Mafia" and "Resign".


On Tuesday, 11 people were hospitalized - including one man bleeding heavily from the head - and 11 arrested after protesters threw flares at police, who fought demonstrators with shields and truncheons.


"I will not participate in a government under which police are beating people," Borisov, who began his career guarding the Black Sea state's communist dictator Todor Zhivkov, said as he announced his resignation on Wednesday.


Parliament is expected to accept the resignation later in the day.


The spark for the protests was high electricity bills, after the government raised prices by 13 percent last July. But it quickly spilled over into wider frustration with Borisov's domineering manner and unpredictable decision making.


The prime minister made sacrifices in an attempt to cling on, sacking his finance minister, cutting power prices and risking a diplomatic row with the Czech Republic by punishing foreign-owned companies, a move that conflicted with EU norms on protection of investors and due process.


Borisov's rightist GERB party is the dominant faction in parliament but will not take part in talks to form a new government, Interior Minister Tsvetan Tsvetanov said, indicating that an election planned for July will now be held early.


"He made my day," student Borislav Hadzhiev, 21, in central Sofia said, commenting on Borisov's resignation. "The truth is that we're living in an extremely poor country."


IRE


GERB's popularity has held up well and it still leads, just, in the polls, largely because budget cutbacks have been relatively mild compared with those in many other European countries. Salaries and pensions were frozen rather than cut.


But the last opinion poll, taken before protests grew last weekend already showed the opposition Socialists were nearly tied with the ruling party and analysts said the protests had boosted the Socialists' chances.


Unemployment in the country of 7.3 million is far from the highs hit in the decade after the end of communism but remains at 11.9 percent and average salaries are stuck at around 800 levs ($550) a month.


Millions have emigrated in search of a better life, leaving swathes of the country depopulated and little hope for those who remain.


The measures announced this week has also put the country on a collision course with the EU and financial investors without easing the tension at home.


Czech Prime Minister Petr Necas demanded an explanation from Bulgaria and accused it of "politicizing" the power sector by threatening to revoke the electricity distribution license of central Europe's largest listed company CEZ, 70 percent of which is owned by the Czech state.


There have also been fines for another Czech company, Energo-Pro and Austria's EVN.


The precedent is unlikely to encourage other foreign investors, who already have to navigate complicated bureaucracy and widespread corruption and organized crime if they want to take advantage of Bulgaria's 16-percent flat tax rate.


"The resignation is the only responsible move," said Kantcho Stoychev, an analyst with pollster Gallup International. "It also gives Borisov some legitimacy to stay in political life in the future, despite the violent police actions last night."


(Additional reporting by Angel Krasimirov; editing by Patrick Graham)



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