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Bush congratulates Obama on election victory
Politics | 2008/11/05 09:30
President Bush embraced Barack Obama's election victory Wednesday, saying he understands the message of change that was the centerpiece of his campaign.

Bush promised Obama his "complete cooperation" during the Democrat's 76-day transition to the White House. The president said he would keep Obama informed on all his decisions between now and Jan. 20, and said he looked forward to the day — soon, he hopes — that Obama and his family would take him up on his offer of a pre-inauguration White House visit.

But perhaps most striking about the Republican president's brief Rose Garden remarks was the stream of compliments he paid to Obama and the multiple nods to the history-making nature of his ascension.

Bush called Obama's win an "impressive victory" and said it represented strides "toward a more perfect Union." He said the choice of Obama was "a triumph of the American story, a testament to hard work, optimism and faith in the enduring promise of our nation."

The defeated leader of his own party, John McCain, won accolades as well, but not nearly so glowing.

"The American people will always be grateful for the lifetime of service John McCain has devoted to this nation, and I know he'll continue to make tremendous contributions to our country," Bush said.

To a country with monumental civil rights battles in its past, Bush said: "All Americans can be proud of the history that was made yesterday."

He recalled the millions of blacks who turned out to vote for one of their own, saying he realizes many never fully believed they would live to see this day. But he also hinted that he has personal feelings of high emotion at this moment, representing the end of a controversial eight years in the Oval Office during which he tried, but failed, to attract more blacks to his party.

"It will be a stirring sight to see President Obama, his wife, Michelle, and their beautiful girls step through the doors of the White House," the president said. "I know millions of Americans will be overcome with pride at this inspiring moment that so many have waited so long."



Court to decide on convict's right to test DNA
Court Watch | 2008/11/05 09:29
The Supreme Court will decide whether, years after his conviction, a defendant has a constitutional right to test genetic evidence found at the crime scene.

The justices, in an order Monday, accepted the appeal of prosecutors in Alaska. They asked the court to overturn a federal appeals court ruling in favor of William Osborne, who was convicted of rape, kidnapping and assault in an attack on a prostitute in 1993.

The woman was raped at gunpoint, beaten with an ax handle, shot in the head and left for dead in a snow bank near the Anchorage International Airport.

Osborne admitted his guilt under oath to the parole board in 2004. Another man also convicted in the attack has repeatedly identified Osborne as having participated in the crimes. The testing would be done on a condom and hairs found by investigators.

The 9th U.S. Circuit Court of Appeals, based in San Francisco, said Osborne has a right to subject the evidence to advanced DNA testing that was not available at the time of his trial.

Forty-four states and the federal government have laws that give convicts access to DNA testing, but Alaska does not.

Osborne urged the court to reject the appeal, saying that because so many states have laws on the topic, it rarely arises in federal court.

Prosecutors argued that even if testing determines that the hairs and sperm are not Osborne's, other evidence introduced at his trial is sufficient to leave his conviction in place. That matter is not before the high court.

The case is District Attorney's Office v. Osborne, 08-6.



US judge 'agonizing' over Clemens lawsuit
Breaking Legal News | 2008/11/05 02:31
A federal judge said Monday he is "agonizing" over the status of a defamation lawsuit Roger Clemens filed against his former personal trainer, who accused the pitcher of using performance-enhancing drugs.

U.S. District Judge Keith P. Ellison made the comment after a nearly two-hour hearing in which attorneys for both sides reiterated arguments they had already briefed in court filings over the last few months.

The issues before Ellison are whether or not he should throw out the lawsuit and if he doesn't, whether it should stay in Texas.

"I really have been agonizing over these claims," Ellison said.

Clemens sued Brian McNamee in January after the pitcher's former trainer told baseball investigator and former Senate Majority Leader George Mitchell that the seven-time Cy Young Award winner used steroids and human growth hormone.

Clemens' attorney, Joe Roden, said his client had agreed to drop one claim against McNamee, for intentional infliction of emotional distress, because it was covered in other parts of the lawsuit.

A 354-game winner, Clemens is under investigation by the FBI after denying McNamee's claims while under oath during a deposition and public testimony before a congressional committee.



McCain sues to force Va. to count military ballots
Political and Legal | 2008/11/05 02:31
Republican John McCain's presidential campaign sued the Virginia election board Monday, claiming absentee ballots weren't mailed on time to military members serving overseas.

The complaint asks the U.S. District Court in Richmond to order the state to count absentee ballots postmarked by Tuesday and received by Nov. 14. It contends that thousands of troops' ballots — many of which would go to McCain — will not be counted.

The deadline for ballots to be received is 7 p.m. Election Day, which is Tuesday.

The lawsuit is the second in a week to challenge preparations for the presidential election in Virginia, where Barack Obama hopes to become the first Democrat since 1964 to win the state's 13 electoral votes. Polls over the past week show him about even with or slightly ahead of McCain.

More than 436,000 new Virginia voters have registered since Jan. 1, and about 500,000 people — a tenth of the state's electorate_ have cast absentee ballots.

The NAACP sued the state last week, alleging it allotted too few voting machines for the enormous number of voters in majority black precincts expected to be drawn by the prospect of electing Obama as the first black president.

U.S. District Judge Richard L. Williams on Monday declined to order longer voting hours and other changes requested by the NAACP. He did order the elections board to publicize the availability of curbside voting for older or disabled voters and the fact that people in line by 7 p.m. will be allowed to vote.

A hearing on McCain's lawsuit is scheduled for 1:30 p.m. Tuesday before Williams.

That lawsuit alleges that ballots for overseas military voters were mailed too late to ensure they are returned by the deadline. Defendants are the chairwoman, vice chairman and executive secretary of the state elections board.

A 1986 federal law requires ballots to be mailed to military voters in foreign countries at least 45 days before the election, which this year would have been Sept. 20. The lawsuit alleges the state didn't have the ballots printed and sent to local officials by then, meaning they may not have been mailed overseas until October.

Ashley L. Taylor Jr., an attorney for McCain, said tens of thousands of oversees military absentee ballots could be voided unless the deadline is extended.

"The last thing you want is to have a service member in Afghanistan or Iraq who received his ballot too late not being able to vote in this election," Taylor said.

Board Chairwoman Jean Cunningham said late Monday afternoon the board had not seen the lawsuit and could not comment.



Lawyer defends actions of mother in Nev. abduction
Court Watch | 2008/11/05 02:29
The mother of a 6-year-old boy who was abducted from her home this month had gone to police after she got a warning note in July but was told that there was no imminent threat and that she should buy a shotgun, her lawyer said Thursday.

Lawyer Dennis Leavitt also decried any suggestion that Julie Puffinburger might have been responsible for the abduction of her son Cole, after a police lieutenant told a judge she had previously spread hoax stories that the boy had been kidnapped.

Cole Puffinburger was taken by two men posing as police officers after they ransacked his mother's house in what police said was message from drug dealers to Cole's grandfather. The boy was found safe four days later.

Police did not immediately respond to requests to confirm Leavitt's account that Julie Puffinburger received an ominous written message directed at her father, Clemens Fred Tinnemeyer.

Police have alleged that Tinnemeyer, 51, disappeared in May after stealing millions of dollars in drug proceeds from "Mexican nationals" and methamphetamine traffickers. He is in federal custody in California as a material witness in the kidnapping case.

Leavitt said in an e-mail to The Associated Press that two detectives who met with Julie Puffinburger about the July 13 warning note "stated they could not do anything because there was no imminent threat and advised Julie to buy a shotgun." Leavitt said she did not buy a weapon.



FEMA official says agency response slow after Ike
Politics | 2008/11/05 01:28
A top official of the Federal Emergency Management Agency admits that the agency was sluggish in its response to Texans affected by Hurricane Ike's devastation, according to a published report.

Deputy FEMA Administrator Harvey E. Johnson Jr. said he intends to improve the help that the agency provides to Texans whose home were damaged or destroyed by the September hurricane. He said FEMA will deploy mobile homes to the hardest-hit areas more rapidly, review rules that might be causing premature denials of assistance and provide more resources to Texas.

He said Friday he has put more personnel into Texas housing assistance programs. He invited energy company officials into FEMA's Texas field offices to help provide electric power to mobile homes housing storm victims, and he has started a review of procedures that result in relatively few families being approved for assistance when they first apply.

Ike came ashore near Galveston on Sept. 13, causing at least $11 billion in damage to Texas.

Johnson met this past week with local officials in Galveston, the Beaumont-Port Arthur area and Houston.



Court wrestles with TV profanity case
Breaking Legal News | 2008/11/04 15:34
The Supreme Court spent an hour on Tuesday talking about dirty words on television without once using any or making plain how it would decide whether the government could ban them.

The dispute between the broadcast networks and the Federal Communications Commission is the court's first major broadcast indecency case in 30 years.

At issue is the FCC's policy, adopted in 2004, that even a one-time use of profanity on live television is indecent because some words are so offensive that they always evoke sexual or excretory images. So-called fleeting expletives were not treated as indecent before then.

The words in question begin with the letters "F" and "S." The Associated Press typically does not use them.

Chief Justice John Roberts, the only justice with young children at home, suggested that the commission's policy is reasonable. The use of either word, Roberts said, "is associated with sexual or excretory activity. That's what gives it its force."

Justice John Paul Stevens, who appeared skeptical of the policy, doubted that the f-word always conveys a sexual image.



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