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  • Sources: Fox anchor's accuser had an abortion

    The son of New York City Police Commissioner Ray Kelly is fighting accusations that he sexually assaulted a woman, who later had an abortion.  WNBC-TV's Jonathan Dienst reports on the case against Greg Kelly.

    NEW YORK -- A woman who has accused the son of New York City's police commissioner of sexually assaulting her told authorities she got pregnant from the encounter and had an abortion, people familiar with the investigation said.

    The woman told authorities she met Greg Kelly for drinks on Oct. 8, then went back to her law office in lower Manhattan, where she was assaulted, one person familiar with the case told The Associated Press. She told officials she was not capable of consenting to sex, the person said.


    Kelly, 43, was absent from his job as anchor of the popular local morning show "Good Day New York" on Fox 5 New York, WNYW, when news of the alleged attack broke Thursday morning. He has, through a lawyer, denied the allegations.

    According to The New York Daily News, Kelly and the accuser exchanged texts for a considerable period after the incident and he said he received "flirtatious" messages from the woman, an indication that their meetup was consensual and for a "sexual purposes," police sources said.

    The woman said she called Kelly some time after their encounter, furious, and asked him, "Why'd you do that?" the News reported.

    "That could be the big key," an investigator, who was not identified, told the News on Thursday. "Unless she taped the phone call, whether this guy gets charged could be determined by the texts."

    In addition, according to a law enforcement official quoted by the AP, the woman said she became pregnant and had an abortion. The official, who was not authorized to speak publicly, talked to the AP on condition of anonymity.

    It wasn't clear whether the woman supplied any medical evidence to authorities to support her claim.

    Police spoke to the woman but quickly turned the case over to the Manhattan district attorney's office because of the potential conflict of interest in investigating the son of Police Commissioner Raymond Kelly.

    NYPD commish's son, a Fox anchor, in rape probe

    The younger Kelly, a former Fox News correspondent, is cooperating with the investigation, his lawyer, Andrew Lankler, said in an emailed statement.

    Kelly "strenuously denies any wrongdoing of any kind," Lankler said. "We know that the district attorney's investigation will prove Mr. Kelly's innocence." The lawyer didn't respond to questions about the focus of the investigation.

    Lew Leone, the general manager of the New York Fox station, said, "Greg Kelly has requested some time off." He did not elaborate.

    Suspicions
    The story came to law enforcement's attention after the woman's boyfriend was told of the alleged incident and became enraged, the anonymous AP source said.

    The woman's boyfriend then confronted the elder Kelly at a recent public event, police spokesman Paul Browne said.

    "He said, 'Your son ruined my girlfriend's life,'" Browne said. "The commissioner said, 'Well, what do you mean?' He said he didn't want to talk about it here, so the commissioner told him to send a letter."

    Browne said that, to his knowledge, no letter was sent. He said he could not comment on the investigation because of the potential conflict of interest.

    According to her boyfriend, the woman has been "an emotional cripple" since the incident, ABCNews.com reported. 

    Charles Sykes / AP file

    Greg Kelly, seen in November 2010

    A source told WABC in New York that the boyfriend, who is significantly older, had had a vasectomy and when he learned his girlfriend was pregnant, he knew the child was not his. No other media outlets confirmed that, but others, including the New York Post, reported the woman told detectives she was not having sex with her boyfriend at the time.

    On Friday, skepticism was cast on the accuser's account.

    Investigators "don't buy her story," a source told the Post, adding that the three months that passed in between the alleged attack and the time it took to report it are adding to suspicion. 

    In addition to texts, the woman also allegedly exchanged emails with Kelly during the three months, local media reported.

    It's not known whether Kelly was informed of the alleged abortion.

    Mayor: NYPD 'did exactly what they should do'
    Mayor Michael Bloomberg Thursday that he "thought the police department did exactly what they should do" by turning the matter over to the district attorney.

    "Keep in mind: Everyone has a right to have their complaints investigated," the mayor said, noting that Greg Kelly hasn't been charged with any crime.

    It wasn't immediately clear how much time elapsed between the man's remarks to the commissioner and the woman's decision to go to a police station Tuesday, nor why she had waited for nearly three months after the alleged attack to make a report.

    It's also unclear how long the woman and Kelly knew each other before the alleged encounter at her office.

    The identity of the woman has not been released, and the AP -- along with msnbc.com and most major media outlets -- does not name people who report being sexually assaulted unless they agree to be identified or come forward publicly.

    The Daily News reported she was the 30-year-old daughter of a prominent lawyer who graduated from a prestigious private school in Manhattan, according to sources. She reportedly works as a paralegal at a firm near Wall Street.

    Kelly joined Fox News in 2002. He covered the Iraq War, including four assignments in Baghdad, and was the White House correspondent from 2005 to 2007, according to his biography on WNYW's website.

    In 2007, the television show "Extra" identified him as the most eligible anchorman on TV. The show's website said Kelly "has enough heart and courage to make any woman swoon." He is single.

    Kelly served for nearly a decade in the Marine Corps and is now a lieutenant colonel in its reserves.

    Raymond Kelly has been police commissioner since 2002. He also served as commissioner in the 1990s.

    The allegations about Kelly's son are the commissioner's latest potential public relations challenge. Also Thursday, about 20 activists held a news conference on the steps of City Hall and criticized Ray Kelly for giving an interview to the producers of the movie "The Third Jihad." They said the film encourages Americans to be suspicious of all Muslims. Kelly has apologized for the interview.

    The Associated Press contributed to this report.

    More content from msnbc.com and NBC News

     

  • Brewer releases copy of letter to Obama

    A controversy between Arizona Republican Gov. Jan Brewer and President Obama stemming from her confrontation of the president on an airport tarmac stretched into another day, after Brewer released on Friday a copy of the letter she handed to the president in Phoenix.

    "We were at the bottom of the list in job creation. Today, we have a balanced budget and were in the top 10 for job creation. I'm proud of that hard-won recovery -- the result of many tough decisions, courage and perserverance," Brewer wrote. "My hope is that while you are here, you will have a chance to see our tremendous results first hand."

    RELATED: Arizona governor, Obama in 'tense' exchange over book

    The confrontation on Wednesday got wide media coverage, especially for the Arizona governor's wag of her finger at the president, captured in a photo. Brewer said after the encounter that Obama seemed tense and "thin-skinned," which she attributed to criticism of his record in her book.

    Obama dismissed the encounter as being "blown out of proportion" in an interview Thursday with ABC News.

    "I think it’s always good publicity for a Republican if they’re in an argument with me,” he said. “But this was really not a big deal."

  • Cops: Woman arranged for daughter to fight with another girl, cheered her on

    A Florida mother is arrested after she is accused of setting up a fight between her daughter and another teen. WESH's Todd Wilson reports.

    ORLANDO, Fla -- Police have arrested a mother after WESH 2 News aired video of a fight between her daughter and another teen.

    Video sent to WESH shows two teen girls walking to the middle of a field. The girls then swing at each other and pull one another's hair. They eventually fall to the ground and continue fighting.

    Throughout the fight, they are egged on by several teenagers and an adult.


    Orange County Corrections Department

    Sandra Padilla Miranda is seen in a booking shot provided by law enforcement authorities.

     WESH 2 News showed the video to Orlando police, who said the adult woman in the video is Sandra Padilla Miranda.

    Police believe she is the parent of one of the girls. She was arrested Thursday afternoon.

    'Bite her'
    "(She) basically set up a fight for her daughter,” said Sgt. Vince Ogburn of the Orlando Police Department. “The mother arranged the fight. Unfortunately the girls agreed to have this fight." Ogburn said Padilla Miranda could be heard on the video in Spanish telling her daughter to "hit harder" and "bite her."

    Ogburn said Padilla Miranda told investigators she had no way of stopping the fight.

    "Someone was holding her back as the reason why she couldn't stop the fight, and clearly you can see in your video, that no one was attempting to hold her back at all," Ogburn said.

    Padilla Miranda told investigators that she set up the fight to stop the girls from fighting at Boone High School.

    Neighbor talks
    While there was no answer at Padilla Miranda's house Thursday, a friend of the family, Cely Bruno, shared her thoughts about the fight.

    "I got a kid myself, you feel me? And if I see my kid on the floor getting beat while there's mad kids out there, God knows what could happen to my daughter. I would have been like, 'Go ahead, do your thing,'" Bruno said.

    More content from msnbc.com and NBC News

     

  • At least 11 hurt in collapse at casino construction site

    Al Behrman / AP

    Workers and officials inspect the collapse at the Horseshoe Casino under construction on Friday, Jan. 27, 2012, in Cincinnati. Authorities say at least 11 people have been taken to hospitals with minor injuries, non life-threatening.

    A partial collapse at a casino construction site early Friday in Cincinnati injured at least 11 people, according to news reports.

    Ten of the injured were taken to University Hospital, none with life-threatening injuries, a hospital spokeswoman told NBC News. Most of the victims, between the ages of 30 and 40, were expected to be discharged later Friday.

    Authorities reported differing numbers of injured, with fire officials saying 13 people were hospitalized and police saying at least 11 were.

    Workers were pouring concrete on the structure's second floor when a metal beam in the middle of the section fell, making the second floor buckle, authorities said. No one was caught beneath the collapsed material, Fire Chief Dick Braun told The Cincinnati Enquirer.

    Muddy conditions forced firefighters to craft a makeshift bridge to move the injured workers.

    Rock Gaming is developing the casino in partnership with Caesar's Entertainment.

    A partial collapse of a garage at another Ohio casino under construction -- and also being developed by the Rock Gaming-Caesar's partnership -- occurred last month. No one was injured in that incident, according to The Associated Press.

    The Associated Press and NBC News services contributed to this report.

     

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  • What's your view on school prayer in Rhode Island school?

     

    Atheist teen forces school to remove prayer from wall after 49 years

  • What if a virus infected a virus? 'Frankenware' spotted by security firm

    What if two computer viruses got together on your computer and had a baby? 

    It does happen, says security firm BitDefender, and the result is more mutant than mutt. The firm has taken to calling the third, new piece of malware produced by the odd couple — with apologies to Mary Shelley — "Frankenware." The spontaneous software offspring might be dangerously unpredictable, and it can be harder to defend against, BitDefender says.

    There are so many computer viruses flying around out there that they can't help bumping into one other while wreaking havoc on our computers. In fact, virus writers account for this. In order to protect and defend a hard-won compromised computer, some virus writers actually install their own antivirus programs after they infect a PC. That way, another bad guy can't come along and hijack an already hijacked machine, said Catalin Cosoi, head of the Online Threats Lab at BitDefender, based in Romania.


    But what happens when an already-infected machine is attacked by a virus that inserts code into every executable file it finds on a machine? What if a virus infects a virus?

    In rare cases, says Cosoi, a third virus with unpredictable capabilities is created. But it's not that rare: His firm recently searched 10 million pieces of malicious software and found 40,000 distinct examples of this. 

    "As with evolution, these things happen accidentally," he said. "The combination doesn't usually work, but sometimes it does."

    It helps if the two pieces of malicious software have complementary features, he said — for example, if one is a keylogger while the other is designed with a wormlike ability to propagate quickly.

    The good news is that, generally, such hybrid viruses can be easier to detect than their parents, because antivirus software that uses "signature" definitions — which identify malicious programs by looking for telltale lines of computer code — have "twice the chance" to detect the troublemaker. On the other hand, some other virus detection tools might overlook the Frankenware because the new file will be a different size from its parents, Cosoi said. 

    John Harrison, a product manager with Symantec, said his firm had never found something like the Frankenware BitDefender is describing, but he did say most PCs that are successfully attacked by virus writers have multiple malicious programs on them. Generally, when a computer has a security vulnerability, the secret doesn't last long, and a hacker feeding frenzy follows.

    "We've seen computers with 25 different pieces of malware on them, even more," he said. "They are often stealthy. ... By the time the user notices the PC has slowed down or there's a blue screen, it could be the 100th piece of malware." 

    So the idea that two such programs could collide and accidentally create a hybrid isn't that far-fetched. But the real question is: Could such Frankenware pull a Frankenstein and wreak unexpected havoc on the real world?

    Cosoi wasn't ringing any alarm bells. Virus writers do what they do for money, and this kind of random, destructive interaction wouldn't profit anyone. For that reason, he thought all the incentives in the computer underworld would probably be enough to limit such possibilities. In other words, virus writers will probably work to prevent such an occurrence because it would hurt their business.

    And, most important, nothing of the sort has been discovered. The 40,000 Frankenware samples that BitDefender has found are no more dangerous than their "parents."

    However, it's important to note that virus writers, even if they seem quite professional in their craft, hardly undertake rigorous product testing. Mistakes happen.

    "If you throw a bunch of malware on a computer, that doesn't automatically mean it will create new malware and it rarely works," he said. "But when it does, it could be dangerous. I can see how a new kind of malware that spreads faster and is more viral than any of the two (parents) ... could turn into something more dangerous."

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  • 2,000 tacos delivered to 'I might have tacos' mayor

    Jessica Hill / AP

    Dixon Jimenez, right, delivers tacos to East Haven, Conn. Mayor Joseph Maturo Jr., Jan. 26. Maturo has expressed remorse for saying he "might have tacos" to do something for his town's besieged Latino community - but he has no plans to step down.

    A Connecticut mayor who sparked a firestorm of criticism for quipping “I might have tacos” when interviewed by a TV reporter about the arrest of four town police officers accused of racially profiling and bullying Latino residents got more than he bargained for.

    More than 2,000 tacos were delivered to the office of East Haven Mayor Joseph Maturo on Thursday, ordered by people who found his comments insensitive racially offensive. The send-the-mayor-a-taco campaign, which took off via tweets, cellphone texts and social-media shares, was organized by Reform Immigration for America, a group that advocates comprehensive immigration reform.

    A bulk order of 500 tacos was hand-delivered to the mayor’s office by members of Junta for Progressive Action, a Latino nonprofit in New Haven, Conn. Others texted in individual orders.

    In a letter accompanying the bulk delivery, Junta for Progressive Action said:

    “These are serious allegations against the state of civic affairs in your community – yet when asked what you personally would be doing to address racial discrimination in East Haven, you made a mockery of the crisis by suggesting that eating tacos is enough to help the Latino community in the wake of this tragedy.

    Your subsequent apology isn’t enough to make up for allowing institutionalized racism in a police force and city government.”

    Maturo wasn’t in the office when the delivery was made, the group said.

    facebook.com/pages/Joe-Maturo-Jr

    East Haven Mayor Joe Maturo

    Maturo issued a statement later Thursday saying the taco bonanza will be donated to local soup kitchens.

    “The abundance of tacos that we received today underscores the importance of the issues currently facing the town of East Haven and highlights the need for the town to continue the process of healing and reform…” he said.

    The events of the past few days have focused our town, and my administration, on the need to deal sensitively and compassionately with the challenges currently facing our town.  We will continue to address those challenges while also striving to provide the services our residents have come to expect.”

    Reform Immigration for America said it had already planned to donate the tacos to local soup kitchens and claimed the mayor falsely took credit for the idea.

    The mayor's woes began Tuesday with the announcement that  the FBI had arrested four East Haven police officers on charges that they conspired to deprive Latinos and other residents of their constitutional rights. The charges include multiple counts of excessive force, false arrest, obstruction and conspiracy.

    WPIX reporter Mario Diaz interviewed the mayor later Tuesday about the arrests and how he would respond to the fallout.

    At one point in the exchange, Diaz asked Maturo: “What are you doing for the Latino community today?”

    The mayor replied on camera: “I might have tacos when I go home. I’m not quite sure yet.”

    Maturo backtracked on Wednesday, issuing a public statement apologizing to the town of East Haven and to the Latino community for what he called an “insensitive and off-color comment.”

    “Unfortunately, I let the stress of the situation get the best of me and inflamed what is already a serious and unfortunate situation. I regret my insensitive comment and realize that it is my job to lead by example. “

  • Latest butt injection drama: Attack with fake syringe on TV

    An attack with a fake syringe on a Spanish-language talk show Wednesday night was just the latest chapter in the South Florida "bad butt" injection drama.

    Corey Eubank, 40, was appearing on Telemundo's "Cristina" show at the Blue Dolphin Studios in Doral when he was hit above his left eye by a prop syringe thrown by a woman, a Doral Police report released Thursday said.

    'I’m not doing well at all. I am agitated. This is beginning to be life-threatening," Eubank told NBC Miami. "It’s gone way too far. This is really frustrating me.”

    See video, read original story at NBCMiami.com

    Police say Eubank is a man, but attorney Jim Lewis says she presents herself as a woman.

    Eubank and 30-year-old Oneal Ron Morris were arrested in November and charged with practicing medicine without a license after victims alleged Morris had injected their legs and buttocks with a mixture that included Fix-a-Flat, cement and super glue.

    Police say Eubank was Morris' accomplice, though she denies that claim.

    According to the police report, Eubank said the show was taping when she was attacked by Brunetta Brown, the mother of Shaquanda Brown, one of Morris' and Eubank's alleged victims.

    Video footage showed Eubank sitting on a chair before a member of the audience made her way to the stage. Security guards quickly moved in to separate Eubank from her alleged attackers as all hell broke loose.

    Eubank told police Brunetta Brown threw the syringe – which didn't have a needle in it – at her, hitting her in the forehead, the report said.

    Brown denied throwing the syringe at Eubank but admitted to getting into an altercation with Eubank, the report said.

    No arrests were made but the incident remains under investigation, the report said.

    Eubank's attorney Gabriela Novo, who was on stage translating for her, said the show assured them beforehand that "they would be ready – this will not get out of hand."

    But it did, and the syringe, after hitting Eubank across the eyebrow, hit Novo on her neck, she said.

    "They just came at us. They just wanted to fight," Novo said. "When they stampeded onto the stage, they just grabbed all the props on the table and threw it at Corey and me.”

    Lewis said "the victim began referring to my client as a faggot," and that things disintegrated when she stood up aggressively and approached Eubank.

    “For about a minute and a half, it was a very scary situation, to the point the victim and families came at Ms. Novo and I. We felt very threatened," Lewis said.

    He said the show did not provide enough security and that he would be filing a restraining order against both Browns.

    Both Morris and Eubank are out on bond and have pleaded not guilty to the charges against them.

    More content from msnbc.com and NBC News

     

  • $14.3 million lottery 'winner' abandons claim

    Updated at 9:45 p.m. ET: The Associated Press reported that the Iowa Lottery said it had learned that Crawford Shaw, an attorney who said he represents a trust that owned a winning Iowa Lottery jackpot, was "associated with criminal proceedings and bankruptcy filings in New York and Delaware."

    The AP said Shaw is the former chief executive officer of Industrial Enterprises of America Inc., a bankrupt public company that the Manhattan District Attorney's office said was looted in a $100 million securities fraud scheme.

    Updated 5:45 p.m. ET: Crawford Shaw, an attorney who said he represents a trust that owned a winning Iowa Lottery jackpot ticket, confirmed to the Des Moines Register that the claim has been withdrawn and that his client was in Belize.

    Shaw referred a reporter to a statement issued by a Des Moines law firm that had worked on the trust’s behalf. The statement said the identity of the buyer or buyers of the ticket were unknown even to Shaw, the Register reported.

    The statement also said the trust offered to authorize the Iowa Lottery to pay the winnings, after taxes, to charities, but lottery officials declined, saying no payments would be made until the identities of the buyers were known.

    Meanwhile, the Iowa Attorney General’s Office and the state Division of Criminal Investigation announced a criminal probe into the matter.

    The Iowa Lottery has confirmed that the winning ticket is authentic.

    Original post: Iowa Lottery officials say an attorney that claimed to have the winning ticket in a $14.3 million jackpot has abandoned his claim.

    Attorney Crawford Shaw abandoned the claim on Thursday, Iowa lottery spokeswoman Mary Neubauer told The Associated Press.

    The ticket was claimed under mysterious circumstances.

    Iowa Lottery sets deadline in mysterious jackpot case

    The winning ticket was bought at Des Moines convenience store in December 2010, then went unclaimed for nearly a year before attorneys brought the ticket to lottery officials less than two hours before it was to expire.

    According to the Des Moines Register, the ticket was signed by Shaw on behalf of an company called Hexham Investments Trust. The name Hexham, however, was misspelled on the signature.

    Iowa Lottery officials gave the winners until 3 p..m. Friday to reveal themselves or forfeit the prize.

    Lottery officials scheduled a news conference on Thursday night to offer more details.

    The Associated Press contributed to this report.

    More content from msnbc.com and NBC News

     

  • Reward offered for released Mississippi murderer

    Police are offering a reward to help track down a convicted murderer who was pardoned by former Gov. Haley Barbour, R-Miss. Mississippi Attorney General Jim Hood joins NewsNation to discuss the situation.

    Mississippi's attorney general is asking for the public’s help in tracking down a convicted killer who vanished weeks ago after being pardoned by former Governor Haley Barbour.

    “I hate the fact that our former governor has unleashed this guy on the U.S.,” Attorney General Jim Hood told msnbc.com on Thursday. “I equate this to having a manhunt with one arm tied behind my back.”

    Authorities began looking for Ozment after the former inmate did not appear on Monday at a court hearing related to the pardons. Hood said he has offered an unspecified cash reward for information regarding Ozment's whereabouts.


    Barbour, a former Republican National Committee chairman, sparked controversy by granting some 200 pardons, commutations and suspensions, generating debate about how much power a governor should have to pardon criminals convicted of serious crimes.

    Barbour has defended his clemency decisions and said he was confident they were all valid and blamed political opponents for much of the controversy.

    Ozment, 40, had been serving a life sentence for the 1993 robbery and shooting death of a store clerk in northwest Mississippi. He was one of five prisoners who had worked at the governor's mansion who saw their life prison terms lifted after receiving full pardons by Barbour.

    Hood is seeking to void most of the pardons granted by Barbour because not enough public notice was given in the communities where the crimes were committed. He received a court order to temporarily block the pardons.

    A judge allowed the five freed men, including Ozment, to remain out of prison while the matter was pending but required them to report daily to authorities. Ozment was the only one who has not done so, Hood said.

    Hinds County Circuit Judge Tomie Green has scheduled a hearing for Feb. 3.

    Hood asked anyone with information to call a confidential hotline at 1-800-281-4418.

    Msnbc.com's Sevil Omer and Reuters contributed to this report.

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  • NBC/WSJ poll: Gingrich leads Romney, but badly trails Obama

     

    Newt Gingrich leads Mitt Romney among Republicans, but he is the weakest of the Republican candidates tested against President Obama, according to an NBC News-Wall Street Journal poll released Thursday evening.

    Gingrich leads Romney 37 percent to 28 percent nationally among registered Republicans likely to vote in the primaries; Rick Santorum is in third with 18 percent, and Ron Paul is fourth with 12 percent.

    Gingrich has built its advantage by consolidating the heart and soul of the Republican Party: very conservative voters, the South and the Tea Party.

    Though Gingrich is the preferred candidate of GOP primary voters, he performs the worst of all Republican candidates tested against Obama, including Santorum.

    "Gingrich is Goldwater," said Democratic pollster Peter D. Hart, who conducted the survey with Republican pollster Bill McInturff. "In the general election, Gingrich not only takes down his ship, he takes down the whole flotilla."

    Read the full poll results here (.pdf)

    The GOP race
    Gingrich leads Romney in a four-way matchup, including Santorum and Paul, with “very conservatives” (47 percent to 17 percent), Tea Party supporters (46 percent to 21 percent), and in the South (45 percent to 21 percent). Those numbers gets even bigger in a two-way matchup. For example, in the South, one-on-one with Romney, Gingrich leads 65 percent to 28 percent.

    Romney leads in the Northeast (38 percent to 32 percent), and is statistically tied with Gingrich in all other regions: in the Midwest (Gingrich leads 32-29 percent) and West (Gingrich 33-32 percent).

    In December, the last time the poll was conducted, Gingrich also led (40 percent to 23 percent), but much has changed since then, including two fourth place finishes in Iowa and New Hampshire for Gingrich, and his decisive victory in South Carolina. The poll, conducted Sunday through Tuesday, went into the field the day after Gingrich’s victory there.

    Gingrich is also viewed as the most electable candidate by GOP primary voters. He leads Romney 2-to-1 among those who picked electability as mattering most to them in a candidate. He holds a narrow lead, 46-44 percent, among those say views on issues matter most.

    By a nine-point margin, Republicans said a candidate who “comes closest to your views on issues” is preferable to a candidate who has the best chance to beat President Obama.

    Gingrich weakest against Obama
    Romney fares best against the president, trailing Obama by six points among registered voters, 49 percent to 43 percent. That’s a four-point improvement for the president from a month ago.

    Obama, however, beats Gingrich by a whopping 18 points, 55-37 percent, expanding the president’s 11-point lead a month ago.

    Santorum also loses to Obama, but by a narrower margin, 53-38 percent, than Gingrich.

    “More than his mojo, he’s getting back the middle of the electorate,” Hart said. But Hart warns, whether it’s the Republican race or the uptick in Obama’s ratings and standing, “I look at these results, and they have all the permanence of skywriting -- looks bold, but disappears in seconds.”

    Obama, however, is still below 40 percent approval with white voters, and McInturff points out that number and the direction of the country still would indicate "The incumbent president is going to have a difficult re-election. Many of these are still problematic numbers -- as improved as they are."

    Gingrich’s problems – women, independents, ‘personal standards’
    Gingrich particularly struggles with women and independents. Women say they would vote for Obama over Gingrich by a wide 60-31 percent gap, far wider than the 54-38 percent difference by which Obama beats Romney.

    With independents, Gingrich gets just 28 percent against Obama, who wins with 52 percent. By contrast, Obama narrowly edges Romney with independents, 44 percent to 36 percent.

    Asked if the candidate has “high personal standards that set the proper tone for the country,” Romney gets a 67 percent positive score, Gingrich checks in at 32 percent.

    Issues of character for Gingrich haven’t “been put to rest,” Hart said. “It may have been a great debate point last week, but there is still uncertainty among all voters.”

    Challenges for Romney, too
    Romney’s strength as a candidate is thought to be his business experience, as it relates to the economy. But GOP primary voters call it a “draw” between Gingrich and Romney when it comes to economic expertise, Hart said.

    Sixty-one percent of GOP primary voters rate Romney's ability to deal with the economy positively, surpassed slightly by Gingrich, whom 63 percent of Republicans believe is well-equipped to handle the economy.

    “If that’s the ace card for Romney,” Hart said, “it hasn’t materialized at the moment.”

    Gingrich beats Romney on sharing your position on the issues by a wide margin, 56 percent to 43 percent.

    But on the issue of whether Republican voters would be “comfortable” with Romney as their candidate, he gets a higher score than Gingrich – 75 percent say they would be comfortable with him versus 61 percent who say the same of Gingrich.

    GOP brand problem

    There’s also evidence in the poll of a Republican brand problem.

    All of the GOP candidates are a net-negative in favorability ratings, with Santorum getting the best marks -- 26 percent positive, 27 percent negative.

    Gingrich gets the worst -- 26-48.

    Romney scores 31-36, and it’s worth noting that Bob Dole, John McCain, and George W. Bush were all net-positives at the same time in their fights for the nomination. The exception of a recent major party nominee being a net-negative at this point -- John Kerry, who was 22-26 in January 2004.

    “Romney’s numbers are net-negative, which is unusual,” McInturff said.

    Hart added, “It’s hard to make the case that anything but injury has come off the Republican brand off Congress and electorate.”

    The congressional approval rating is near record lows of 13 percent, and more people say the GOP has brought the wrong kind of change (31 percent) in Congress than the right kind (12 percent). That represents a drop for the Republicans from a year ago, right after they took control of the House as a result of the sweeping 2010 elections. In January 2011, 25 percent thought Republicans would bring the right kind of change versus 20 percent who thought they would bring the wrong kind.

    Those attitudes are also far worse than right after Democrats took control of the House in 2006 (42-15 percent) and Republicans regained a majority in 1994 (37-11 percent).

    Additionally, Democrats lead in who people prefer to control Congress, the so-called congressional ballot, 47-41 percent. It’s the fourth consecutive month Democrats have led on the question and it has expanded from their two-point lead a month ago.

    McInturff points out there is a “pretty significant gap” between the optimism primary voters -- 80 percent of whom believe a Republican will defeat President Obama -- and reality.

    Republicans are “not going to win by simply being the option against the president,” McInturff said, adding, “The entire national environment isn’t going to do the entire job for the party.”

    CORRECTION: An earlier version of this post misreported the margin President Obama wins women against Newt Gingrich as 69-21. It is 60-31, as noted above.

  • Analyst: 'Military industrial complex will survive' Pentagon cuts

    While some Republican lawmakers are criticizing the Obama administration's plan to cut the Pentagon budget, and thousands of soldiers will be forced to leave the ranks, defense industry analysts say the move isn't likely to put big defense contractors out of business.

    "Our military industrial complex will survive," Kevin Ryan, a retired Army officer and executive director at Harvard University’s Belfer Center for Science and International Affairs, told National Defense magazine, an industry publication. 

    "We are still spending a huge amount,” Ryan said. "Panetta [has made it clear] he will try to protect the military industrial base. … You won’t see [top tier contractors] Raytheon or Lockheed closing."

    Industry analyst say defense company's have already cut jobs and become more efficient in anticipation of fewer military dollars.

    "We could see the writing on the wall,”  David Melcher, CEO of ITT Exelis, told National Defense. "We anticipated the top line was going to come down."

    More content from msnbc.com and NBC News

  • Homeless mothers and children find a lifeline at Hope Gardens

    Photos by Lucy Nicholson / Reuters

    Lilly Earp, 8, changes the diaper of her five-week-old sister Emily, Jan. 25, 2012, in their apartment at Hope Gardens Family Center, a homeless shelter for women and children, run by Union Rescue Mission on 77 acres of countryside on the outskirts of Los Angeles, Calif.

    By Lucy Nicholson, Reuters photojournalist

    Lilly Earp changes the diaper on her 5-week-old baby sister Emily with the confidence another child would have cradling a doll. She's only 8, but she already shows the street smarts of an older child as she helps her mother. It helps to be resourceful when you're homeless.

    Her mother, Doreen Earp, 38, who is originally from Germany, and her three children ended up on the street after her relationship with Emily’s father fell apart. They stayed in a hotel for a month, then with people from their church and eventually ended up with no roof over their heads.

    Children attend an after-school class at Hope Gardens Family Center. One in 45 children, totalling 1.6 million, is homeless, the highest number in United States' history, according to a 2011 study by the National Center on Family Homelessness.

    A child's drawing is seen on the wall of the center.

    Today, they're lucky to be among the 150 or so homeless women and children living at Hope Gardens on the outskirts of LA. It's a place where those at the end of the line are given a life line.

    The shelter for families is an oasis compared to where most of LA's massive street population lives on a grim patch of downtown's Skid Row. While homeless services are concentrated downtown, it's no place for a child.

    Doreen Earp, 38, of Germany looks at her five-week-old daughter Emily in their apartment at Hope Gardens Family Center.

    The number of homeless children is at an all-time high in the United States. One in 45 children, totaling 1.6 million, is currently homeless, according to a 2011 study by the National Center on Family Homelessness. California is ranked the fifth highest state in the nation for its percentage of homeless children. An increasing number of children are dependent on poverty-stricken single moms.

    The Earps are amongst 45 mothers, 96 children, and 24 elderly women being helped by Hope Gardens, a homeless shelter for women and children, run by Union Rescue Mission on 77 acres (0.31 square km) of countryside on the outskirts of Los Angeles.

    Elizabeth Lepe, 26, (left to right) Nancy Jimenez, 35, and Sheriill Stubblefield, 31, laugh during a therapy session at Hope Gardens Family Center.

    The mothers are given therapy, and classes in life skills, parenting, financial planning, and encouraged to apply for further education, so they can get more than minimum wage jobs. They can stay at the center for up to three years if they’re in college.

    All the children attend after-school classes, and the teenagers are taught about domestic violence, job interviews, how to have healthy relationships, and how to communicate better.

    Kids grow up fast when they lose the safety and comforts of home.

    Earp's 10-year-old daughter Lindzy overhears a woman telling her mother that she is going to an NA (Narcotics Anonymous) meeting. Lindzy persists in quizzing her mother about what that means. After hearing her explain it as simply a class, the girl retorts: “I know what NA is. I just wanted to see what you would say.”

    These moments of maturity are eclipsed by the normal trappings of childhood at the shelter – the games and toys that replace those the children lost with their homes.

    Doreen nurses her newborn as her older daughters run and shriek in the playground with other children. Birds chirp in the surrounding pine trees. A stream gurgles into a koi pond.

    “They’re able to be kids here,” she says.

    Lindzy Earp (2nd right), 10, plays in the playground at Hope Gardens Family Center.

    See more of Lucy Nicholson's picture story about Hope Gardens and an earlier set of photos of an after-school tuition program for homeless kids.

  • No, President Obama isn't actually proposing to cut defense spending

    A lot of rhetoric is being thrown about in discussing the Pentagon budget. Reporter R. Jeffrey Smith from the Center for Public Integrity takes a look at what's actually been proposed by President Obama, in his explainer, "Puncturing the hot air balloons on defense spending: A reader's guide to the debate in 2012." The Center for Public Integrity is a nonprofit, nonpartisan investigative reporting group in Washington.

    Smith's takeaway summary:

    Obama’s national security spending plan does not cut the defense budget. Even if his proposal is enacted, U.S. defense spending will continue to dwarf the rest of the world’s. The new U.S. military strategy was concocted to accommodate the proposed budget trims, not vice versa. Sequestration is a threat, not a promise. And no matter what politicians say or do this year, U.S. defense spending will remain vulnerable to real cuts. The important question in the years ahead is, which military programs will survive and which will go away.

    Read the full story here from the Center for Public Integrity.

  • US sued over Navy sonar tests in whale waters

    Center for Whale Research via AP

    A female orca, or killer whale, travels with her offspring in waters around the San Juan Islands in Washington State.

    Environmental groups sued the Obama administration on Thursday for granting the Navy permits to test underwater sonar along the West Coast -- and potentially harass up to 650,000 porpoises, seals, dolphins and whales over a five-year period.

    The alliance said it wasn't seeking to stop the testing but to scale it back, especially at certain times and in waters important for feeding and giving birth.

    Several studies have found that marine mammals can hear low-frequency sonar, which is magnified under water, and periodically dolphins and even whales have been found with perforated ear drums.


    The National Marine Fisheries Service "fell down on the job and failed to require the Navy to take reasonable and effective actions to protect" marine mammals, Steve Mashuda, an attorney for the law firm Earthjustice, said in a statement.

    The lawsuit, filed in U.S. District Court in San Francisco, claims that the Navy's sonar use might be strong enough to kill the animals outright. But even if it doesn't, it claims, the repeated use of sonar in certain critical habitats is unwarranted.

    In 2010, the fisheries service approved the Navy's five-year plan for operations in the Northwest Training Range Complex, an area roughly the size of California that stretches from Washington state to Northern California.

    Under the five-year plan, the service said it was acceptable for the Navy to incur up to 650,000 cases of harassment of marine mammals.

    Regulators determined that while sonar use has been associated with the deaths of whales around the world, including the beaching of 37 whales on North Carolina's Outer Banks in 2005, there was little chance of that happening on the West Coast. The short duration of the sonar use, typically 90 minutes at a time by a single surface vessel, and reduced intensity would help prevent whale deaths, they said.

    Regulators are requiring the Navy to shut down sonar operations if whales, sea lions, dolphins or other marine mammals were spotted nearby by ships in the water.

    But the plaintiffs argue that visual mitigation is ineffective.

    "Visual detection can miss anywhere from 25–95 percent of the marine mammals in an area,” stated Heather Trim, policy director for People For Puget Sound. "It’s particularly unreliable in rough seas or in bad weather. We learn more every day about where whales and other mammals are most likely to be found — we want NMFS to put that knowledge to use to ensure that the Navy’s training avoids those areas when marine mammals are most likely there."

    A spokeswoman for the Navy declined to comment, saying she had not seen the lawsuit, and the fisheries service did not immediately return an email seeking comment.

    The Associated Press contributed to this report.

    More content from msnbc.com and NBC News

  • Report: Suspect in Conn. jeweler murder kills self

    A man suspected of killing a jeweler in the tony town of Westport, Conn., last month and stealing $300,000-worth of diamonds has killed himself in a Spanish prison, according to The Hartford Courant.

    Andrew Robert Levene, 41, of West Haven had been arrested in Spain and charged with shooting and killing 65-year-old Yekutiel Zeevi at Zeevi’s office in a shopping center on Dec. 8, after pretending to buy several diamonds.

    Levene fled the U.S. on a flight from Philadelphia to the Netherlands and then went on to Spain, authorities alleged.  He was arrested by Spanish national police on Monday, NBC News reported. 

    According to The Hartford Courant, a source said law enforcement officials in Connecticut were notified Thursday that the 41-year-old former Army Ranger had committed suicide. Authorities were trying to determine the cause of death.

    Levene had training in the use of weapons, according to an affidavit and had family members in Connecticut and New York, NBCConnecticut.com reported.

    Read the original story by NBCConnecticut.com 

    Earlier story: Spanish police arrest suspect in shooting of Conn. jeweler

    More content from msnbc.com and NBC News

    
  • Banks square in mortgage fraud crosshairs again

    In the Wild West of the ongoing mortgage mess, there’s a new sheriff in town. And he’s not handing "Get Out of Jail Free" cards in return for a $25 billion check.

    The appointment of New York Attorney General Eric Schneiderman to head a special task force that will investigate mortgage fraud marks a turning point in a year-long effort to resolve a wave of legal challenges to abusive and illegal foreclosure practices.

    After a year of talks aimed at a settlement with five big banks — Bank of America, JPMorgan Chase, Wells Fargo, Citibank and Ally Financial (formerly GMAC) — attorneys general in all 50 states this week have been poring over the 100-page draft of a proposed $25 billion deal requiring bankers to commit to modify problem loans that they have been slow to do. Under the proposed terms, the banks would also agree to follow strict foreclosure guidelines and procedures and contribute as much as $5 billion to foreclosure relief programs.

    On Wednesday, President Barack Obama tapped Schneiderman to co-chair a joint federal-state task force to pursue criminal charges related to abusive mortgages and the bundling of those loans into investments. Some observers suggested the appointment was intended to blunt Schneiderman’s opposition to the multistate settlement.  Schneiderman has said he's not about to let bankers off the hook.

    "My concern ... has always been to make sure that we're not releasing claims that obviously now are even more important to me because I'm investigating them," he told reporters Wednesday.

    From the beginning of the settlement talks, the five big banks have been holding out for a blanket waiver of legal liability to protect them from future lawsuits or prosecution. The creation of Schneiderman’s task force makes that blanket waiver extremely unlikely. It may even collapse the deal, JP Morgan Chase Chief Executive Officer Jamie Dimon, told CNBC.

    “My own read is (the creation of the new task force) has a pretty good chance of derailing it,” said Dimon.

    The proposed settlement was also dealt a major blow Wednesday when California Attorney General Kamala D. Harris said its terms would limit her ability to bring civil charges against mortgage lenders that wrongfully foreclosed on homeowners.

    "We've reviewed the details of the latest settlement proposal from the banks, and we believe it is inadequate for California," said Shum Preston, a spokesman for Harris

    As ground zero for the mortgage meltdown, California is critical to the approval of any settlement. Roughly one in four of all foreclosures are happening in the state and ten of the top 20 metro areas with the highest foreclosure rates in 2011 are there according to RealtyTrac.

    From the early stages of the talks, Schneiderman and a handful of other state AGs have resisted any deal that would let banks off the hook for a variety of claims by homeowners and investors who bought bonds backed by home mortgages. In August, Iowa Attorney General Tom Miller, who is leading the state group, booted Schneiderman from the executive committee of federal and state officials because he steadfastly opposed any deals that would end investigations into mortgage fraud.

    Schneiderman holds several powerful legal cards that the other 49 AGs don’t. New York’s anti-fraud Martin Act gives him broad subpoena powers other state prosecutors lack. Some New York state securities laws apply to Wall Street firms based in the state. Many of the pools of mortgages that were chopped up into bonds are held in trusts registered in New York.

    Delaware, another AG holdout, has securities laws that apply to the corporate registrations of many of entities involved the mortgage mess. Massachusetts has successfully sued other smaller players in the mortgage mess. In September, Massachusetts Attorney General Martha Coakley broke with the talks to file her own lawsuit against the five banks.

    From the beginning, critics have argued that the White House has been too eager to see a settlement and too willing to help the five big banks get the immunity they’re seeking.

    “The Obama administration has been more concerned with settling quickly than with settling in a way that moves the ball forward for homeowners,” said Diane Thomsen, an attorney with the National Consumer Law Center.

    It remains to be seen whether the new mortgage fraud task force will produce results. The Obama administration already created a Financial Fraud Enforcement Task Force in November of 2009 that tapped 20 federal agencies, 94 U.S. Attorneys offices and state and local partners. Though the group has won a number of cases against smaller players, it has yet to win any high-profile convictions.

    In June, Sen. Charles Greassley (D- Iowa) described the task force as “a press release collection agency utilized by the Justice Department to collect examples of investigations of prosecutions that would otherwise have been brought.”

    Neil Barofsky, a former federal prosecutor who served as the special inspector general of the Troubled Asset Relief Program and worked with the 2009 task force, shared those doubts.

    “I'm a little puzzled by it," he told Reuters. "Here we are three years later, launching what seems like a very similar effort, except now co-headed by a state attorney general."

    "Does it mean they haven't really been working on investigating the causes of the financial crisis for the last three years?" he said. "Or is it a statement that the last three years of investigating done by the Department of Justice has been ineffectual and needs to be reworked?"

    Related:

    Proposed mortgage settlement offers little relief for homeowners  
    Obama: New push to aid homeowners

    James Dimon, chairman, president & CEO, JPMorgan Chase, discusses the world economy, muddling through in Europe, and the President's prerogative when it comes to naming a successor for Treasury Secretary Timothy Geithner. Bernanke, he says, has been an...

  • Forests for all? New federal rule aims to please

    Siskiyou Project via AP file

    National forest uses include logging like this work in Oregon's Siskiyou National Forest. Trying to balance resource use and resource protection has been controversial.

    It's no easy task figuring out how to balance forest and wildlife protection with logging, drilling and offroading on the nation's 155 national forests, but the Obama administration on Thursday unveiled a rule it says will do just that. An era of collaboration and less litigation was promised with the rule managing forests, but some initial reaction by interested parties -- which range from environmentalists to loggers to offroaders -- was not promising.

    "Our preferred alternative will safeguard our natural resources and provide a roadmap for getting work done on the ground that will restore our forests while providing job opportunities for local communities," U.S. Agriculture Department chief Tom Vilsack vowed in a statement.


    The rule essentially revises the existing framework for how each forest's managers must proceed with a given issue -- be it a request to log, a request to protect some species or even a request to open part of a forest to offroad vehicles.

    The U.S. Forest Service, which is part of USDA, last year issued a draft of the rule for public review. That process generated more than 300,000 comments that Vilsack said were weighed and, in some cases, incorporated into the final rule. 

    Unlike national parks, which protect resources, national forests were created to balance resource protection with resource use but that still hasn't prevented decades of legal battles.

    "We expect to see much less litigation because of the increased collaborative effort" in deciding what happens in each forest, Forest Service Chief Tom Tidwell told reporters.

    Officials noted that several changes were made to the draft, including adding emphasis on "sound science" and, according to Tidwell, "beefed up protection of water resources."

    Tidwell said the rule would also streamline how each national forest is managed, which will free up "more time, more money to get the restoration done" across the 193 million acres of forest.

    The Natural Resources Defense Council had a mixed initial take on the rule. "It is much more meaningful about getting local officials to apply the best available science," NRDC forest analyst Niel Lawrence told msnbc.com, and there's "significant improvement in public participation."

    But the environmental group is also "very concerned" because the rule removes a provision ensuring that wildlife will have viable populations distributed across the forests where they are now found, Lawrence said. "It jettisons the single most important conservation protection" on U.S. forests over the last 30 years, he added.

    The NRDC intends to lobby the administration and if that doesn't work a lawsuit is "perfectly possible," Lawrence said.

    A timber industry group, for its part, told msnbc.com that it needed a day or two to review the rule. But, in a statement issued right after the rule, the American Forest Resource Council voiced concern. "We are very concerned about whether the agency took the comments we made on the draft rule to heart and made changes needed to avoid the mistakes of the past," said council President Tom Partin.

    The BlueRibbon Coalition, a group representing offroad interests, also said it was still reviewing the rule.

    In Congress, the chair of the House Natural Resources Committee, Washington state Republican Doc Hastings, said the concerns he'd raised earlier "fell on deaf ears."

    "These new Obama regulations introduce excessive layers of bureaucracy that will cost jobs, hinder proper forest management, increase litigation and add burdensome costs for Americans," he said in a statement.

    Last November, Hastings' committee hosted a hearing where critics piled on against the draft rule.

    "First, the proposed planning rule will increase the complexity, cost, and time for the Forest Service to complete forest plans," testified Scott Horngren on behalf of the American Forest Resource Council. "Second, of greater concern, is that the planning rule will make the projects that implement the plans more vulnerable to lawsuits than they are today."

    The last time the planning rules were updated was in 1982. Several attempts to revise it have been thrown out by federal courts. In 2009, a Bush administration plan was struck down. Environmentalists had fought the rule, saying it rolled back key forest protections.

    The Obama administration decided not to challenge that ruling and instead come up with new rules.

     More content from msnbc.com and NBC News

  • Gunman who shot at federal buildings pleads guilty

    A Virginia man pleads guilty to shooting at several military-related buildings in 2010. NBC's Pete Williams has the video Yonathon Melaku created one of the nights he was out shooting.

    The man who shot at the Pentagon in late 2010 and other military related targets in the Washington, D.C. area pleaded guilty Thursday in federal court in Virginia.

    After the plea was entered, prosecutors released a video he made, which shows him in his car, firing shots from a handgun.

    Yonathan Melaku, 23, admitted he committed five separate shootings in October and November 2010 -- twice at the National Museum of the Marine Corps, and once each at the Pentagon and at Coast Guard and Marine Corps recruiting offices in Virginia. He fired the shots late at night or early in the morning, using a 9 mm handgun. No one was hurt, but the government says that repairs will cost over $100,000.


    On the tape, which Melaku made during the night he shot at the Marine Corps museum for the second time, he can be heard saying: "That's a military building, and that's the building I'm going to be targeting. ... Last time I hit them, they turned off the lights for, like, four or five days."

    He can be seen waving his gun at the camera. At another point in the tape, he begins firing. The shots can be heard and the muzzle flash from the gun seen.

    Melaku also records himself wearing a mask and then later removes the mask, showing his face.

    He was arrested last June near Arlington National Cemetery at 1:30 am. A search of his home turned up what investigators said were potential components of a homemade bomb.

    More content from msnbc.com and NBC News

  • Panetta: Military cuts to hit 'all 50 states'

    The Pentagon announced a new plan that will streamline U.S. forces, look at possible base closures and expand cyber warfare capability in order to meet tough budget constraints. NBC's Chris Clackum reports.

    The Pentagon proposed budget cuts on Thursday that would slash the size of the U.S. military by eliminating thousands of jobs, mothballing ships and trimming air squadrons in an effort to shift strategic direction and reduce spending by $487 billion over a decade.

    The funding request, which includes painful cuts for many states, sets the stage for a new struggle between President Barack Obama's administration and Congress over how much the Pentagon should spend on national security as the country tries to curb trillion-dollar budget deficits.

    US Army chief 'comfortable' with smaller force as Pentagon prepares cuts


    "Make no mistake, the savings we are proposing will impact all 50 states and many districts across America," Defense Secretary Leon Panetta told a news conference at the Pentagon. "This will be a test of whether reducing the deficit is about talk or action."

    Obama will also ask Congress to approve a new round of domestic base closures, although the timing of this was left vague and there is little chance that lawmakers would agree to this in a presidential election year.

    Panetta, previewing plans that will be formally announced next month, said he would ask for a $525 billion base budget for the 2013 fiscal year, the first time since Sept. 11, 2001, that the Pentagon has asked for less than the previous year.

    Pablo Martinez Monsivais / AP

    Defense Secretary Leon Panetta, left, accompanied by Joint Chiefs Chairman Gen. Martin E. Dempsey, outlines the main areas of proposed spending cuts during a news conference at the Pentagon on Thursday.

    Panetta said he would seek $88.4 billion to support combat operations in Afghanistan, down from $115 billion in 2012 largely due to the end of the war in Iraq and the withdrawal of U.S. forces there at the end of last year.

    Congress requires that the Pentagon cut $487 billion from the defense budget over the next 10 years -- $259 billion will be cut in the first five years (2013 to 2018).

    No, Obama isn't actually proposing to cut defense spending

    "We believe this is a balanced and complete package," Panetta said, with Army Gen. Martin Dempsey, chairman of the Joint Chiefs of Staff, at his side.

    Some lawmakers were quick to dispute him.

    "Taking us back to a pre-9/11 military force structure places our country in grave danger," said Sen. John Cornyn, R-Texas, a member of the Senate Armed Services Committee that will hold hearings on the Pentagon budget plan.

    Sen. John McCain, R-Ariz., said the Panetta plan "ignores the lessons of history." He said it provides for a military that is "too small to respond effectively to events that may unfold over the next few years."

    Dempsey, however, said the military is united in its support for the new approach.

    "This budget is a first step — it's a down payment — as we transition from an emphasis on today's wars to preparing for future challenges," he said, adding, "This budget does not lead to a military in decline."

    While the timelines for each of these cuts vary, NBC News reports where the biggest cuts are coming from for now:

    Benefits
    Members of the military will receive full pay raises in 2013 and 2014, but their raises will be "limited" beginning in 2015. Health care fees for retirees will increase, including co-pays and deductibles.

    Army
    Active duty force will decrease by about 75,000 soldiers to 490,000. (For perspective, there are about 565,000 soldiers on active duty today and there were about 480,000 soldiers on active duty on 9/11/01.)

    Marine Corps
    Active duty force will decrease by about 20,000 Marines to 182,000 total. (For perspective, there are about 202,000 Marines on active duty today, and there were about 173,000 on 9/11/01.)

    Air Force
    Eliminate six of the 60 Air Force tactical air squadrons, as well as one training squadron.

    The Pentagon will eliminate:  27 aging C-5As (leaving behind 52 C-5Ms and 222 C-17s); 65 oldest C-130s (leaving behind 318 C-130s) and they will divest 38 C-27s.

    Navy
    Retire seven cruisers that have not been updated with ballistic missile defense capabilities or that are in need of significant maintenance. Some fleet support ships will also be retired, and the building of several ships (1 large deck, 1 sub, 2 littoral combat ships, and 8 joint high speed vessels) will all delayed by one year or more.

    The defense spending plan is scheduled to be submitted to Congress as part of the administration's full 2013 budget on Feb. 13.

    Prominent in the Obama plan is a renewed focus on Asia, where China's rapid military modernization has raised worry in Washington and rattled U.S. allies.

    NBC News' Jim Miklaszewski and Courtney Kube as well as Reuters and The Associated Press contributed to this report.

    Defense Secretary Leon Panetta announced his plan for cutting $487 billion from the defense budget over the next 10 years. NBC's Brian Williams reports.

    More content from msnbc.com and NBC News

  • Letters from solitary confinement reveal DWI man's despair

    A man in New Mexico has been awarded $22 million after being tossed in solitary confinement for 2 years following a DWI arrest. KOB-TV's Marissa Torres reports.

    A man arrested for driving while intoxicated and then forced into solitary confinement for two years tried to get help by writing to the jail's nurse, but the only response he got was a dose of sedatives, his lawyer said.

    Stephen Slevin, 57, was arrested in August 2005 in New Mexico’s Dona Ana County, charged with aggravated driving while under the influence and possession of a stolen vehicle, although Slevin maintains the car was lent to him by a friend. On Tuesday, a federal jury in Sante Fe awarded him $22 million in damages for enduring inhumane conditions in the Dona Ana County jail, which he emerged from "hollow," Matt Coyte, his lawyer, told msnbc.com on Wednesday.

    Slevin had one medical examination after being arrested and was labeled suicidal, his lawyer said. He was jailed in lieu of posting a $40,000 bond.

    “They put him in a padded cell for three days, but they never give him any treatment; their policy is to then just put them in solitary” if there are mental health issues, Coyte told msnbc.com Wednesday.

    Coyte described Slevin in court documents as suffering with lifelong mental illness. He told msnbc.com that at the time of his arrest, Slevin had been depressed, and was borrowing a friend’s car because he wanted to get out of Las Cruces, N.M., where he had been living at the time.

    He was physically healthy, but desperate to get treatment for his depression that he had been suffering with prior to being in solitary confinement - a cell with no natural light that prisoners are in 23 hours a day, although often times, guards failed to even grant Slevin his one hour of daily recreation time, his lawyer told msnbc.com.

    Slevin sent more than a dozen letters to the jail nurse starting days after he was arrested, NBC affiliate KOB.com reported.

    “I have not slept in days,” says one letter from Sept. 4, 2005, a couple weeks into solitary confinement. “I’m in a deep depression.” The letter also mentions his lack of appetite.

    His mental decline
    Two months later, KOB.com reported, Slevin wrote a letter again pleading for help, saying, “My dreams have been both weird and bizarre.”

    By the end of November 2005, he wrote, “I’m afraid to close my eyes.”

    Coyte, his lawyer, told KOB that if Slevin got any response at all, it was just to up his sedatives.

    “He referred to a ‘Dr. Don’ [in the letters],” Coyte told KOB.com. “There was no doctor looking after him. There was a nurse, the nurse practitioner.”

    But the so-called nurse practitioner only had a bachelor’s degree in psychology and no actual medical qualifications, KOB reported.

    After a few months, Slevin gave up, writing: “I don’t know how much longer I can go on.”

    “That was when he fell into a delirium,” Coyte told KOB.com.

    Meanwhile, correspondence with the outside world tapered off as well, Coyte told msnbc.com on Thursday.

    “His sister was writing him letters and sending him money,” Coyte said. “She thought he would get out soon enough; she would send him small amounts of money every few weeks.”

    But when she didn’t hear back from Slevin, she became concerned. She called the jail, Coyte said, but was not given much information.

    “She had no idea the condition he was in,” he said. “She is on the other side of the country with limited means. She wrote letters and he responded at the beginning, but then he lost touch with her. If your family member doesn’t write back, you may feel like they don’t want to talk you anymore; it wouldn’t cross your mind that something like this was happening.”

    It wouldn’t be until months later that Slevin’s sister, whose name and location Coyte did not give, found out what her brother was going through: Forced to pull out his own tooth because he was denied access to a dentist, he told reporters on Tuesday. Toenails curling around his foot because they were so long. Basically forgotten about in his dark cell for more than 22 months.

    "[Jail guards were] walking by me every day, watching me deteriorate," Slevin told KOB.com. "Day after day after day, they did nothing, nothing at all, to get me any help."

    Slevin’s sister and other family members actively fought for his release near the end of his detainment once they became aware of his plight, Coyte told msnbc.com Thursday.

    “It was her and his aunt and various other family members who were calling legislators, calling county commissioners, saying, ‘Where’s my brother?’” he said.

    'Deplorable' conditions
    The answer, for most of his 22-month detainment, was that he was in “deplorable” conditions of his solitary “pod,” court documents state, except for a 14-day period in May 2007, when he was sent to New Mexico Behavioral Health Institute in Las Vegas, N.M., for a psychiatric review. He had lost a third of his body weight by that point, documents say, and had bed sores and a fungal infection on his skin.

    “As your insanity builds, some people holler or throw feces out their cell doors,” Coyte said Wednesday. “Others rock back and forth under a blanket for a year or more, which is what my client did.”

    At the Behavioral Health Institute, Slevin was able to shower and to shave his beard, which had grown long and scraggly during his time in solitary, Coyte said. His mood improved. But after two weeks there, he was sent back to his solitary pod in jail for another month, at which point his mental state deteriorated to the point where he was deemed unfit to participate in his defense, and all charges against him were ultimately dismissed. He was released on June 25, 2007.

    It's not clear why he was sent back to solitary after his stint in the mental health institute.

    Dona Ana County officials were tight-lipped about the case, refusing to answer questions about whether any jail employees were reprimanded or fired over Slevin's treatment.

    "We do not discuss personnel issues," Jess Williams, Dona Ana County's public information director, told msnbc.com on Wednesday.

    Williams also wouldn't comment on whether the $22 million the county was ordered to pay would come from taxpayer money, saying only, "Dona Ana County will appeal the verdict." 

    Coyte sued the Dona Ana County Board of County Commissioners, the County Detention Center, and the jail director and former medical director in December 2008. According to court documents, the county jail’s former medical director, Daniel Zemek prescribed “complicated psychotropic medications” to Slevin without ever seeing him, and renewed prescriptions for him for at least 10 months without an in-person visit. Zemek left the county jail but an adequate replacement for him wasn’t provided, the court documents allege, so jail director Chris Barela continued to have Zemek prescribe medication to Slevin, despite not treating him.

    John W. Caldwell, the defendants’ attorney, did not return a phone call from msnbc.com on Thursday.

    Coyte, Slevin’s attorney, said greed on the county’s part was partially to blame.

    “Talk to the [Dona Ana] County Commissioners who were around in 2000 to 2004 who knew this stuff was going on, and didn’t care,” he said. “Another side to this case is this jail was built to make money housing federal detainees. This is a border town. There are a lot of federal detainees from immigration issues, and the jail charges the federal government a particular amount of money for each detainee.”

    Slevin was a county inmate.

    “Federal inmates got better care than state inmates,” he said. “There would be better psychiatric care for the federal inmates than for the state or county inmates.”

    Slevin will take lifelong medication for his PTSD, although he continues to have support from his sister, Coyte said. Court records show he now lives in Virginia Beach, Va.

    More content from msnbc.com and NBC News

  • 'Wasn't the best thing I had ever done': Ex-traffic cop in porn flick fights for job

    A California traffic cop who was fired after appearing in a porn film while on duty and in uniform is trying to get his job back. KNBC-TV's Joel Grover reports.

    A former Los Angeles traffic officer said he was “totally unaware” when he was asked to appear in a porn movie while on duty and in uniform last year and now wants his job back.

    “I was caught totally unaware, by surprise,” John Dancler said during his appeal to the Los Angeles Civil Service Commission on Wednesday.

    Dancler was fired in July 2011 in the wake of an NBC4 investigation, which showed him and another traffic officer in a porn movie while on duty and in uniform, NBCLosAngeles.com reported.

    View NBCLosAngeles.com's video of commission proceedings

    “I could not believe what was going on, it was really surreal,” Dancler said during the hearing.

    The NBC4 porn investigation went viral around the world last spring. The NBC4 team also uncovered a longstanding pattern of traffic officers who were convicted of crimes on the job, including soliciting prostitutes and shoplifting, but none had ever been disciplined, as recommended by city policy.

    Read original investigation by NBCLosAngeles.com

    Dancler said he was responding to a call for backup help in 2008 when a porn actress and her crew approached him, asking him to engage in lewd acts with the blonde woman.

    Dancler admitted under questioning he had made a mistake.

    "It wasn’t the best thing that I had ever done," Dancler said.

    When asked if he informed others about the exchange on the streets, Dancler said “No.”

    More content from msnbc.com and NBC News

  • Home births rise nearly 30 percent

    Jessica Wilcox thinks her in-laws still view her ideas about childbirth as kind of out there, but it’s hard to argue with success: In the last five years or so, Wilcox has given birth to two boys and two girls -- each weighing more than 10 pounds -- at her northern Virginia home. And she hopes to do it again one or two more times.

    Wilcox is part of a small but growing trend. While home births are still rare in the United States, they've posted a surprising climb in recent years, according to a government report out Thursday.

    Courtesy Julia Chemotti

    Jessica Wilcox has given birth to her two sons and two daughters at their northern Virginia home.

    After declining from 1990 to 2004, the percentage of U.S. births that occurred at home jumped 29 percent from 2004 to 2009, when it hit the highest level since researchers began collecting data 20 years earlier.

    Non-Hispanic white women were most likely to give birth at home in 2009, with one in every 90 births, or about 1.1 percent, in that group taking place at home. That represents an increase of 36 percent over 2004.

    Still, Wilcox’s children represent only a tiny minority. In 2009, 29,650 U.S. births, or .72 percent of total births, occurred at home. Compare that to, say, 1940, when 40 percent of births took place at home.  

    Home births today tend to be more common among women 35 and older and among women with several previous children, according to the new report from the Centers for Disease Control and Prevention’s National Center for Health Statistics. They're most common in states with renegade reputations, such as Montana, which had the highest percentage of home births, nearly 2.6 percent, followed by Oregon and Vermont, with nearly 2 percent each.

    “It’s women who are consciously rejecting the system,” says coauthor Eugene Declercq, professor of community health sciences at Boston University.

    Although she's not older, that would describe Wilcox. Now 30, she delivered a baby in a hospital when she was 17 and gave him up for adoption. “It was a great hospital, but it was not a positive birth experience,” Wilcox says.

    She didn’t like getting an epidural or an IV. She didn’t like all the poking and prodding by the nurses. And she didn’t like the fact she never saw the same doctor twice for her prenatal care. “I really wanted that personalized care that a midwife provides,” Wilcox says.

    Her husband, Jeremy, 34, needed some convincing that it was safe to give birth at home, she says. “He was raised the same way I was: You get pregnant, you go to the hospital to have the baby.”

    But now her husband likes to point out that he’s in good company: The son of Super Bowl-bound Tom Brady, New England Patriots’ quarterback, and his wife Gisele Bunchen, was born at home in 2010.

    While the risk of death for a baby in a planned home birth is low, the scientific literature suggests it is two or three times higher than that for a newborn in a planned hospital birth, notes an opinion paper published last year by the American College of Obstetricians and Gynecologists’ Committee on Obstetric Practice.

    Home births actually had a lower risk profile than hospital births in 2009, though, according to Declercq and his coauthors. Hospital births were twice as likely to be low birth weight or preterm babies as home births. And just under 1 percent of home births involved more than one baby, compared with 3.5 percent of hospital births. In addition, women who opt for home births are less likely to be teenagers or unmarried. This all suggests that midwives who attend home births select low-risk women as candidates, the authors write.

    “Home birth isn’t for anybody who walks in the door,” says Marsha Jackson, the certified nurse midwife who attended Wilcox’s first home birth. For example, Jackson says, her practice rarely accepts women who want to have a vaginal birth after a C-section, or VBAC, at home because of their elevated risk of a uterine tear.

    Jackson cofounded BirthCare, a certified nurse midwife practice, back in 1987. Today, Jackson says, the group’s six midwives attend 25 to 30 births a month. About 60 percent are home births, while the rest are in BirthCare’s freestanding birth center in Alexandria, Va.

    “The babies that we caught are now having babies with us,” she says. “That is wonderful. When we opened our practice, we never imagined that.”

    Do you think home births are dangerous? Would you do it? Share with us on Facebook

  • Teen drives school bus to safety

    A teen with just two weeks of driving experience managed to steer her school bus to safety after her driver had a heart attack. WCAU-TV's Deanna Durante reports.

    Graceann Rumer, 17, started driving only two weeks ago. But when her school bus driver collapsed from a heart attack Tuesday afternoon, she didn't hesitate to use what she knew to steer a bus full of children to safety.

    "I just realized that there's no one driving this bus... I need to do something," Rumer said.

    The 17-year-old senior at Calvary Christian Academy in northeast Philadelphia had been driving herself to school recently for practice, but on Tuesday she opted for the bus.


    For more information, visit NBCPhiladelphia.com

    Rumer and about three dozen other students were riding the bus home when 51-year-old driver Charles Duncan suddenly crumpled to the floor at about 3:30 p.m. Duncan died soon after.

    With the driver obstructing the brake pedal, Rumer acted quickly -- grabbing the wheel of the moving bus and making a U-turn to slow it down and change direction, as it was heading into oncoming traffic, witnesses say.

    With still no access to the brake pedal, Rumer put the bus into park and successfully and safely stopped it, according to witnesses and bus company officials.

    "I usually panic at like everything but I just reached over... grabbed the wheel and I pulled it over to the side and got off the road," Rumer said. 

    None of the students were injured.

    Parents of fellow students, friends and school officials all praised Rumer’s quick thinking and action.

    "We had three of our children on the bus along with dozens of other kids and the outcome could have been much different," said Renee Lawsin, one of the parents. "She did something very heroic."

    But Rumer dismisses being a hero, instead saying she was just the closest student to the front of the bus who had any driving experience.

    "I don't think it was that heroic though. But it was a legit miracle," Rumer tweeted Thursday. "God really protected us."

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  • Report: Mom who lost 3 daughters in fire attempts suicide

    The mother who lost her three daughters and parents in a Christmas Day fire in Connecticut has tried to take her own life, the New York Daily News reported.

    According to the newspaper, Madonna Badger, one of only two survivors of the fire at her home in Stamford, was hospitalized last week after injuring herself in an attempt to kill herself, a relative confirmed to the Daily News.

    Eduardo Munoz / Reuters, file

    Matthew and Madonna Badger cry as they await the arrival of their daughters' caskets for their funeral service at Saint Thomas Church in New York on Jan. 5, 2012. A raging Christmas-morning house fire that killed Madonna Badger's elderly parents and her three young daughters appears to have been caused by embers from a fireplace.

    The suicide attempt was first reported by CBS 2 Wednesday night. According to the reportBadger “is now in a safe place, surrounded by family and long-time friends.”

    Authorities established that embers in a bag of discarded ashes started the blaze in Stamford a month ago, killing 10-year-old Lilly and 7-year-old twins Grace and Sarah and their grandparents, Lomer and Pauline Johnson.

    More than 500 mourners joined the grieving mother about three weeks ago at St. Thomas Church in Manhattan for a somber funeral.

    "My girls are in my heart," Badger said. "They're right here. And that's where they live now."

    Badger and her boyfriend, Michael Borcina, the contractor who was renovating the Stamford home, escaped the blaze without serious injury.

    According to CBS 2, construction workers told police the alarms and extinguishers had been taken out of the house and stored in the garage, as painters began working on the interior.

    Matthew Badger, the girls’ father, hired private investigators to look into the circumstances surrounding the fatal blaze, CBS 2 reported.

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