New EPA rule boosts EnerNOC shares






NEW YORK (AP) — Shares of energy services company EnerNOC Inc. jumped sharply on Tuesday after federal regulators issued final environmental rules that many shareholders see as helping the company.


THE SPARK: The Environmental Protection Agency has been drafting rules that will limit how long diesel generators can run without special environmental safeguards. The EPA had been widely expected to limit them to 15 hours per year, which would have hurt EnerNOC‘s business, Wedbush analyst Craig Irwin said on Tuesday. Instead, the EPA rule signed on Monday stuck with earlier language that allows the generators to run for 100 hours per year.






THE BIG PICTURE: Irwin said he expects the new rule to be challenged in court, so EnerNOC’s ability to avoid tighter regulations may turn out to be short-lived. The new EPA rule has gotten close attention in the power-generation industry. It regulates things such as how often the oil and belts must be changed on power generators, how long they can run each year. The EPA rule says the allowance to run the generators 100 hours per year is aimed at allowing sufficient testing of the generators to make sure they’re available to prevent blackouts.


SHARE ACTION: Up $ 2.64, or 21 percent, to $ 15.20 in afternoon trading after rising as high as $ 15.61 earlier. That was its highest level since August 2011. The shares were trading around $ 11.50 as recently as Friday morning, before beginning to rise later that day.


Energy News Headlines – Yahoo! News





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Give Lance another chance?






STORY HIGHLIGHTS


  • Mike Downey: I haven't a smidgen of sympathy for the dope "pedaler"

  • Randy Cohen: If many cycling fans are right, most of the top riders engaged in doping

  • Jeff Pearlman: Lance racing again is not truly an option anyway -- he's almost 42

  • John Hoberman: Any lifting of his lifetime ban should be based on his total cooperation




(CNN) -- CNN asked for views on whether disgraced cyclist Lance Armstrong deserves another chance in light of his apologies to his charity, Livestrong, and his soon-to-be-aired interview with Oprah Winfrey, in which it's widely reported he admitted he used performance-enhancing drugs. Armstrong is banned from professional cycling for life and was stripped of his seven Tour de France titles.


Mike Downey: No sympathy for the dope "pedaler"


I was at the Champs-Elysees finish line on July 27, 1986, when the bike of Greg LeMond whizzed by, making him the first American to win the Tour de France. It was a monumental achievement: 210 cyclists, 23 grueling days, long and winding roads, treacherously steep hills.



Mike Downey

Mike Downey



Equally hard had to be the abuse LeMond endured in retirement after publicly decrying the sport's hypocrisies and daring to suggest that seven-time winner Lance Armstrong, the All-American boy himself, had not been on the up-and-up. Vilified and disdained, LeMond was treated like a tobacco company's insider who blew the whistle on the industry's methods or like Carl Lewis speculating that his rival Ben Johnson had not won foot races fairly and squarely. As if he had an ax to grind.


I haven't a smidgen of sympathy for Armstrong now that he is exposed for the dope-pedaler -- that's pedal, not peddle -- he truly was. He played the Jean Valjean part of the persecuted man for every franc that it was worth. Let us resist the magnanimous gesture to forgive, forget and give Lance a second (eighth?) chance. He was caught, unlike certain baseball players who have been merely suspected or accused, and has, evidently, confessed. Seven strikes and you're out.


Professional athletes do exist who 'fess up, serve a suspension, then are welcomed back. They, as with the ballplayers, did disgrace their life's work, yet none single-handedly won their sport's championship with their chicanery. None stood apart as Armstrong did and hogged credit for being a champion, a hero. None won a championship by compelling teammates to also cheat, at risk of being shunned, smeared or dropped from the team.


I say we say goodbye for good to Monsieur Armstrong, farewell, adieu. Off to Elba and exile with you, you rogue. Vive LeMond.


Mike Downey is a former columnist for The Los Angeles Times and Chicago Tribune.


To Armstrong's critics, doping admission would be sweet


Randy Cohen: All big-time cyclists who doped should confess


The important ethical question isn't whether Lance deserves a second chance. Chance to do what? Cheat in seven more Tours? Lie about it seven more times? Bully seven more teammates into doping? He behaved badly and is rightly censured.



Randy Cohen

Randy Cohen



But that should be the beginning, not the end, of this disheartening story. There's a lot more blame to go around. Cycling's governing bodies also have an ethical duty, and that's to provide a setting in which honest athletes can participate.


If many cycling fans are right, most of the top riders engaged in doping. You simply can't compete against them without doing the same. What was Lance to do? Quit the sport? And who inherits his Tour titles? Some other cheat?


It would be thrilling if one by one, they declined in a Spartacus moment -- an honest, I-am-drugged-Spartacus moment. This is a community problem; it demands community solutions. Unless those who run big-time cycling institute real reforms, Lance's fall will be merely a celebrity scandal, and there's little good in that.


Randy Cohen wrote The Ethicist column in The New York Times Magazine till 2011, and he is a former writer for "Late Night With David Letterman." His latest book is "Be Good: How to Navigate the Ethics of Everything."



Jeff Pearlman: He's almost 42, forget about it


Back when I was 8 or 9, my parents took me to my first trip to Disney World. I remember Space Mountain, and I remember Mickey Mouse's enormous head. For some reason, though, what I remember most is a sign posted within the borders of Epcot. It read: If you can dream it, you can do it.


"Dad," I said, "I dream of being 8-feet tall. But that'll never happen ..."


"Well, son ..."



Jeff Pearlman

Jeff Pearlman



"And, Dad, I dream of being able to fly just like Superman. But that'll never happen ..."


"Son, the thing is ..."


"And Dad, I'd really like to win an Olympic gold medal for my Joanie Cunningham impersonation, but ..."


"Son," my father said, "It's a sign. It's just a damn sign."


Sigh.


Throughout Lance Armstrong's recent fight to prove he hadn't cheated, and throughout the plights of Barry Bonds and Roger Clemens and Mark McGwire and the alleged PED abuses of dozens upon dozens of others, I've often thought about that day at Disney and, specifically, of that sign.


As a boy, it spoke to me as a kid longing for greatness. Maybe, just maybe, I can accomplish anything. Maybe ...


As a sportswriter who has chronicled much of the past two decades, however, it strikes me as foolish nonsense. As Armstrong's recent admission shows, the words must be altered to -- if you can dream it, you can do it -- as long as you leave your ethics at the door and cheat your ass off and don't mind throwing your supporters under a bus.









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That, now, is the sad, pathetic legacy of men such as Armstrong and Bonds. Once upon a time, they dreamed of doing wonderful things: Of hitting baseballs 500 miles; of speeding down the largest mountains; of being special. Then, however, they learned (as we all do) that we are bound by the confines of humanity. Within the rules and regulations, there is only so strong. There is only so fast. There is only so big. Hence, one can either accept his lot in life and put out the best possible effort, or he can cheat and lie and enjoy the temporary fruits while trying to avoid the inevitable plummet.


Do I think he should be allowed to race again? No. Lance Armstrong racing again is not truly an option anyway -- he's almost 42.


Just the same, I am thrilled that he has -- at long last -- begun to come clean. There are lessons to be learned here, beyond those pertaining to cycling. And day's end, when the cheering has stopped, there is something to be said for trying your best, even if your best doesn't result in triumph.


There is empowerment in knowing you gave your all. There is satisfaction in achieving your own PR. There is the sense of community and camaraderie that comes in the aftermath of a sporting event. Cold beers, casual conversation, sore muscles -- bliss.


Armstrong and Bonds forgot that long ago. For them, it was all -- and only --about winning. They got lost in a corrupt world of enhancers and boosters and had their heads turned by the fame and accolades and money.


Now, though, they are outcasts. They are the tombstones of long-ago dreams.


Jeff Pearlman is the author of "Sweetness: The Enigmatic Life of Walter Payton." He blogs at jeffpearlman.com. Follow him on Twitter.


Oprah interview won't reduce sanctions against Armstrong, officials say


Wayne Norman: Like a convenience store robbery that goes wrong


Lance knows that a quick mea culpa is not enough -- otherwise, he would have admitted to doping long ago. Instead, he made a calculated gamble that he could preserve his reputation and brand by lying, defrauding corporate sponsors, impugning the authorities pursuing him and actively slandering and suing honest whistle-blowers who stood in his way.



Wayne Norman

Wayne Norman



That bet has not paid off.


Like a convenience store robbery that goes wrong and leads to a hostage-taking and a high-speed chase, Lance's doping is by far the least of his transgressions. A highly calculated confession about the doping still looks like Lance gambling to advance his interests. Former fans will need contrition and a sense that he genuinely regrets the gamble. Those he slandered and defrauded should demand even more.


Lance cannot get another chance as an athlete at this point. That would make a mockery of all sporting rules and their enforcement. When you've been that blatantly dishonest, it won't be easy to convince people to trust you again.


Wayne Norman is the Mike & Ruth Mackowski professor of ethics at Duke University.


John Eustice: Armstrong can make a deal and get leeway


What Lance has, the U.S. Anti-Doping Agency wants, and Lance is not going to give it to them unless he gets his (athletic) life back. USADA knows that Lance stands at the nexus of two distinct cultures, two completely different mindsets: The ideals and dreams of Olympic sport and the harsh, ratings-driven business of the professional game.



John Eustice

John Eustice



They view this conquest of Lance as their great chance to have the Olympic vision triumph over the cynicism of the pros. But they need his cooperation to win.


Despite the admitting of pros into the Olympic Games, in truth, the two cultures do not mesh. Pro sports are businesses where talent, ratings and the subsequent cash flows from them, must be protected just as in any other entertainment business.


USADA needs to understand how the professional mentality has "infected" the Olympic movement, and Lance is the key. Was he protected by the International Cycling Union? Was the Tour de France involved? Did it go even higher that that?


USADA makes deals. If Lance can provide them with information on the underground system that fuels athletes worldwide, and explain, for example, how of the 6,000 drugs tests given at the London Games, only one came back positive, allowing him to participate in some triathlons seems a very small price to pay.


Cycling analyst John Eustice was one of the pioneer Americans to break into the world of European pro cycling. He co-founded and captained the first American team to race in the Tour of Italy, and is a two-time United States Professional Champion.


John Hoberman: Is it possible to acquire a conscience overnight?


The report that Lance Armstrong choked up during his apology to Livestrong Foundation employees earlier this week would seem to mark an abrupt departure from the cold, calculating and manipulative personality he has displayed throughout his celebrated athletic career.


Having closely followed the Armstrong saga as a doping researcher, I have come to doubt whether this is man is capable of genuine contrition. One can only imagine the apologetic telephone calls he has been making to the former teammates and other victims he persecuted, threatened, bullied and slandered over so many years.



John Hoberman

John Hoberman



Is it really possible to acquire a conscience overnight? Can a person who has long-demonstrated reckless self-assertion, a lack of empathy, coldheartedness, egocentricity, superficial charm and irresponsibility suddenly repent after months of hostile intransigence?


One is tempted to say no, since this ensemble of traits bears a disturbing similarity to the psychopathic personality. Let us hope that Armstrong is capable of leaving his old self behind and building a healthier personal identity.


Any lifting of his lifetime ban from officially recognized competitions should be made contingent on his absolute and total cooperation with the United States Anti-Doping Agency and the World Anti-Doping Agency. Armstrong must demonstrate some good faith by revealing everything he knows about the illicit trade in doping drugs as well as the cynical and opportunistic doctors who have profited from these corrupt arrangements.


John Hoberman teaches at the University of Texas at Austin and is the author of "Mortal Engines: The Science of Performance and the Dehumanization of Sport." He was a consultant in 2005 for the SCA Promotions of Dallas, the insurance company demanding that Lance Armstrong repay a total of $7.5 million it paid to him in Tour de France bonuses.


Shawn Klein: If he cooperates, maybe the lifetime ban could be reduced


After years of adamant denials and protestations of his innocence, Lance Armstrong has reportedly come forward to admit his use of prohibited performance enhancing drugs. If Armstrong is sincerely contrite and forthright in his apology, most people, including myself, will forgive him for his use of prohibited drugs.



Shawn Klein

Shawn Klein



He cheated in a sport known for its widespread cheating; that doesn't justify his use but it does put his actions into an understandable context that makes it easier to excuse the use. Further, if Armstrong cooperates with the U.S. Anti-Doping Agency, his lifetime ban from cycling ought to be reduced to something more reasonable.


The more troubling aspects of the Armstrong case are the allegations that he harassed and intimidated team members and potential whistle-blowers. Violating the arbitrary rules of a sport shows a character flaw and poor judgment, but it is hard to see who else is truly harmed by such actions. But to threaten, intimidate and coerce others (either to use performance enhancing drugs themselves or to cover up his team's use) causes real harm.


Even if only some of these reports are accurate, Armstrong will have to do more than sit on Oprah's couch to earn forgiveness. 


Shawn Klein teaches at the Department of Philosophy and Center for Ethics and Entrepreneurship at Rockford College in Illinois and writes the Sportsethicist blog.


What do you think? Comment below and join us on Friday for a live chat on Twitter @CNNOpinion about Lance Armstrong.


Follow @CNNOpinion on Twitter.


Join us at Facebook/CNNOpinion.


The opinions expressed in this commentary are solely those of the authors.






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Obama to propose assault weapons ban, better background checks

President Obama is expected to present a three-part plan to target gun violence in America.









WASHINGTON -- President Barack Obama will propose an assault weapons ban and better background checks for gun buyers on Wednesday as part of a package of proposals to curb gun violence one month after the Newtown school massacre.

The proposals will include executive and legislative measures, with the latter sure to face an uphill battle in Congress, where appetite for renewing an assault weapons ban is low.






Obama and Vice President Joe Biden, who led a task force that made recommendations on the issue, will present the measures at a White House event attended by children from around the country who wrote letters to the president about gun violence and school safety.

Obama will urge lawmakers to act quickly, White House spokesman Jay Carney told reporters.

"The president has made clear that he intends to take a comprehensive approach," Carney said at a briefing.

"There are specific legislative actions that he will continue to call on Congress to take, including the assault weapons ban, including a measure to ban high-capacity magazine clips, including an effort to close the very big loopholes in the background check system in our country," he said.

The proposals will be Obama's first major foray into gun control, despite several mass shootings that have occurred during his four years in office. Gun restrictions are a divisive issue in the United States, which constitutionally protects a citizen's right to bear arms.

Biden delivered his recommendations to Obama after a series of meetings with representatives from the weapons and entertainment industries requested by the president after the December 14 school shooting in Newtown, Connecticut, in which 20 children and six adults were killed.

The proposals are likely to touch on mental health and could address violence portrayed in video games.

Obama, who has said the day of the shooting was the worst of his presidency, said on Monday he would study the panel's ideas and then move forward "vigorously" on those that he endorsed, including some actions he could take without congressional approval.

A White House official said Obama had not endorsed all of the ideas put forward by Biden's team but declined to lay out specifics on what would be announced.

Obama has signaled his plan would include elements that did not require congressional approval. The president could take action to ban certain gun imports and bolster oversight of dealers.

A spokeswoman for Representative Jackie Speier, a lawmaker from California who was one of a group of Democrats who met with Biden about the issue on Monday, said his task force had identified 19 different options Obama could choose to implement through executive action.

"(Biden) did not indicate which or how many of those options the president will take up or present to the nation tomorrow," said the spokeswoman, Jenny Werwa.

NRA CLASH

The president's move is not the only action being taken on gun control nationwide. New York State lawmakers on Tuesday approved one of the toughest gun control bills in the United States and Governor Andrew Cuomo signed it into law.

The proposals are likely to draw ire from the National Rifle Association, a powerful lobbying group that is traditionally associated with Republicans. The NRA proposed having armed officials in schools throughout the country and has said the media and violent video games shared blame for the Sandy Hook Elementary School massacre, the second-deadliest school shooting in U.S. history.

There is little on which the Obama administration and NRA officials agree.

The White House is also pushing for the Senate to confirm a director for the Bureau of Alcohol, Tobacco, Firearms and Explosives, an agency that has been without a Senate-confirmed director since 2006.

Obama nominated Andrew Traver, a Navy veteran who ran the agency's Chicago division, for the job in November 2010, and again early in 2011. The NRA opposed Traver's nomination.

The Senate is in recess, and Obama could choose to make a recess appointment to fill the job. Such an appointment would likely rankle lawmakers, whose support Obama will need to get his proposals passed.

Though the chances of getting a ban on assault weapons appear low, the White House seems set on getting Obama's support of such a ban solidified in a legislative draft.

Gun control advocates are pressing the administration to keep up the pressure on the issue in the face of other policy priorities, including deficit reduction and immigration reform.

"In three months are we going to be talking about these issues? Because that's the only way you make any progress," said Neera Tanden, president of the Center for American Progress, a progressive-leaning advocacy group.

The organization, whose officials have close ties to the White House, released a report suggesting 14 legislative proposals and executive actions to reduce gun violence, including requiring a background check for all gun sales.

Reuters

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Syrian army on offensive in Aleppo after university blast


BEIRUT (Reuters) - Syrian armed forces launched a renewed offensive in the northern city of Aleppo on Wednesday, state media said, a day after 87 people were killed in explosions at the city's university.


The state news agency SANA said the military had killed dozens of "terrorists" - a term Damascus uses for rebels trying to overthrow President Bashar al-Assad - in the new fighting.


Reuters cannot independently verify reports due to media restrictions in Syria.


"The Armed Forces carried out several special operations against the mercenary terrorists in Aleppo and its countryside, inflicting heavy losses upon them in several areas," SANA said.


Aleppo is split roughly in half between government and rebel forces. SANA said dozens of "terrorists" were killed in the rebel strongholds of Sukari, Bab al-Hadeed and Bustan al-Qasr.


Government forces also killed militants in al-Laramon, a area of Aleppo from which Damascus says two rockets were fired into the University of Aleppo on Tuesday, it added.


If confirmed, the government's report of a rocket attack would suggest rebels in the area had been able to obtain and deploy more powerful weapons than previously used.


The Syrian Observatory for Human Rights, a Britain-based monitoring group, said 87 people were killed and dozens wounded in the explosions, but it could not identify the source of the blasts. It said the toll could rise to more than 100 as there were still body parts that were unaccounted for.


State television showed a body lying on the street and burning cars. An entire facade of a multi-story university building had crumbled and cars were overturned. An interior shot of a corridor showed that the ceiling had caved in.


Amateur video footage showed students carrying books out of the university after one of the explosions, walking quickly away from rising smoke. The camera then shakes to the sound of another explosion and people begin to run.


Syria has been plunged into bloodshed since a violent government crackdown in early 2011 on peaceful demonstrations for democratic reform which turned the unrest into an armed insurgency bent on overthrowing Assad.


Each side in the 22-month-old conflict blamed the other for Tuesday's blasts at the university, located in a government-held area of Syria's most populous city.


Some activists in Aleppo said a government air strike caused the explosions, while state television accused terrorists of firing two rockets at the university. A rebel fighter said the blasts appeared to have been caused by surface-to-surface missiles.


The nearest rebel-controlled area, Bustan al-Qasr, is more than a mile away from the university.


The Observatory said rebel sources on the ground reported they were fighting with government forces in the early hours of Wednesday around Bustan al-Qasr, implying a renewed push by government forces to expel the insurgents.


(Reporting by Oliver Holmes; Editing by Jon Boyle)



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Wall Street opens lower on debt limit concern

DEAR ABBY: Recently my husband, "Byron," and I had an argument, and he took off in his truck. He didn't return until after work the following day. He had he spent the night at our friend "Arlene's" house. She is divorced and lives alone. Byron assures me "nothing happened" between them. I want to believe him, but ever since this incident, Arlene will not look me in the eye or speak to me.I love Byron and trusted him until now. It hurts to think that our marriage may be ruined over a stupid argument. ...
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Oprah: Lance Armstrong admitted doping


AUSTIN, Texas (AP) — Lance Armstrong has finally come clean.


Armstrong confessed to doping during an interview with Oprah Winfrey taped Monday, just a couple of hours after a wrenching apology to staff at the Livestrong charity he founded and has now been forced to surrender.


The day ended with 2 1/2 hours of questions from Winfrey at a downtown Austin hotel, where she said the world's most famous cyclist was "forthcoming" as she asked him in detail about doping allegations that followed him throughout his seven Tour de France victories.


Speaking on "CBS This Morning," Winfrey said Tuesday she had not planned to address Armstrong's confession before the interview aired on her OWN network but, "by the time I left Austin and landed in Chicago, you all had already confirmed it."


"So I'm sitting here now because it's already been confirmed," she added.


The session was to be broadcast on Thursday but Winfrey said it will now run in two parts over two nights because there is so much material.


Winfrey would not characterize whether Armstrong seemed contrite but said he seemed ready for the interview. "I would say that he met the moment," she said.


"I don't think 'emotional' begins to describe the intensity or the difficulty he experienced in talking about some of these things."


The confession was a stunning reversal for a proud athlete and celebrity who sought lavish praise in the court of public opinion and used courtrooms to punish his critics.


For more than a decade, Armstrong dared anybody who challenged his version of events to prove it. Finally, he told the tale himself after promising over the weekend to answer Winfrey's questions "directly, honestly and candidly."


The cyclist was stripped of his Tour titles, lost most of his endorsements and was forced to leave Livestrong last year after the U.S. Anti-Doping Agency issued a damning, 1,000-page report that accused him of masterminding a long-running doping scheme.


The International Cycling Union, or UCI, issued a statement on Tuesday saying it was aware of the reports that Armstrong had confessed to Winfrey. The governing body for the sport urged Armstrong to tell his story to an independent commission it has set up to examine claims it covered up suspicious samples from the cyclist, accepted financial donations from him and helped him avoid detection in doping tests.


Armstrong started Monday with a visit to the headquarters of Livestrong, the charity he founded in 1997 and turned into a global force on the strength of his athletic dominance and personal story of surviving testicular cancer that had spread to his lungs and brain.


About 100 Livestrong staff members gathered in a conference room as Armstrong told them "I'm sorry." He choked up during a 20-minute talk, expressing regret for the long-running controversy tied to performance-enhancers had caused, but stopped short of admitting he used them.


Before he was done, several members were in tears when he urged them to continue the charity's mission, helping cancer patients and their families.


"Heartfelt and sincere," is how Livestrong spokeswoman Katherine McLane described his speech.


Armstrong later huddled with almost a dozen people before stepping into a room set up at a downtown Austin hotel for the interview with Winfrey. The group included close friends and lawyers. They exchanged handshakes and smiles, but declined comment.


Winfrey has promoted her interview, one of the biggest for OWN since she launched the network in 2011, as a "no-holds barred" session, and after the voluminous USADA report — which included testimony from 11 former teammates — she said she went into the session with 112 questions ready to go. Not all of them were asked, she said, but many were.


USADA chief executive Travis Tygart, a longtime critic of Armstrong's, called the drug regimen practiced while Armstrong led the U.S. Postal Service team "the most sophisticated, professionalized and successful doping program that sport has ever seen." USADA did not respond to requests for comment about Armstrong's confession.


For years, Armstrong went after his critics ruthlessly during his reign as cycling champion. He scolded some in public and didn't hesitate to punish outspoken riders during the race itself. He waged legal battles against still others in court.


At least one of his opponents, the London-based Sunday Times, has already filed a lawsuit to recover about $500,000 it paid him to settle a libel case, and Dallas-based SCA Promotions, which tried to deny Armstrong a promised bonus for a Tour de France win, has threatened to bring another lawsuit seeking to recover more than $7.5 million awarded by an arbitration panel.


In Australia, the government of South Australia state said Tuesday it will seek the repayment of several million dollars in appearance fees paid to Armstrong for competing in the Tour Down Under in 2009, 2010 and 2011.


"We'd be more than happy for Mr. Armstrong to make any repayment of monies to us," South Australia Premier Jay Weatherill said.


Betsy Andreu, the wife of former Armstrong teammate Frankie Andreu, was one of the first to publicly accuse Armstrong of using performance-enhancing drugs. She called news of Armstrong's confession "very emotional and very sad," and choked up when asked to comment.


"He used to be one of my husband's best friends and because he wouldn't go along with the doping, he got kicked to the side," she said. "Lance could have a positive impact if he tells the truth on everything. He's got to be completely honest."


Betsy Andreu testified in SCA's arbitration case challenging the bonus in 2005, saying Armstrong admitted in an Indiana hospital room in 1996 that he had taken many performance-enhancing drugs, a claim Armstrong vehemently denied.


"It would be nice if he would come out and say the hospital room happened," Andreu said. "That's where it all started."


Former teammate Floyd Landis, who was stripped of the 2006 Tour de France title for doping, has filed a federal whistle-blower lawsuit that accused Armstrong of defrauding the U.S. Postal Service. An attorney familiar with Armstrong's legal problems told the AP that the Justice Department is highly likely to join the lawsuit. The False Claims Act lawsuit could result in Armstrong paying a substantial amount of money to the U.S. government. The deadline for the department to join the case is Thursday, though the department could seek an extension if necessary.


According to the attorney, who works outside the government, the lawsuit alleges that Armstrong defrauded the U.S. government based on his years of denying use of performance-enhancing drugs. The attorney spoke on condition of anonymity because the source was not authorized to speak on the record about the matter.


The lawsuit most likely to be influenced by a confession might be the Sunday Times case. Potential perjury charges stemming from Armstrong's sworn testimony in the 2005 arbitration fight would not apply because of the statute of limitations. Armstrong was not deposed during the federal investigation that was closed last year.


Armstrong is said to be worth around $100 million. But most sponsors dropped him after USADA's scathing report — at the cost of tens of millions of dollars — and soon after, he left the board of Livestrong.


After the USADA findings, he was also barred from competing in the elite triathlon or running events he participated in after his cycling career. World Anti-Doping Code rules state his lifetime ban cannot be reduced to less than eight years. WADA and U.S. Anti-Doping officials could agree to reduce the ban further depending on what information Armstrong provides and his level of cooperation.


___


Litke reported from Chicago. Pete Yost in Washington also contributed to this report.


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NASA’s Donated Spy Telescopes May Aid Dark Energy Search






LONG BEACH, Calif. — Astronomers are excited by the possibility of using one of two cast-off spy satellite telescopes gifted to NASA to probe for dark energy.


They have already come up with a design that would incorporate the spy telescope into the proposed Wide Field Infrared Survey Telescope (WFIRST), a high-priority NASA mission that would hunt for dark energy, exoplanets and supernovae.






Though a final review and economic analysis won’t be released until April, the new design based on the donated scopes would boost WFIRST’s abilities significantly, some researchers say. But the concept could also require more power and a bigger launch vehicle, potentially raising the project’s roughly $ 1.5 billion price tag.


More powerful probe


In June, the U.S. National Reconnaissance Office donated to NASA two 2.4-meter telescopes that were part of a failed spy satellite program. The telescopes have roughly twice the collecting surface as earlier designs of WFIRST, which allows for better resolving power. They also have a better field of view than existing telescopes (though smaller than some initial design proposals). [Gallery: Declassified U.S Spy Satellite Photos and Designs]


“The magic of this telescope compared to existing telescopes like the James Webb Telescope or the Hubble Telescope is it has a huge field of view,” NASA astrophysicist Neil Gehrels said during a presentation of the new designs here at the 221st meeting of the American Astronomical Society on Jan. 8.


The new proposed design also includes a coronagraph, which can block out starlight to resolve exoplanets and other objects.


Complementary telescope


Another advantage of using the spy telescope is that it may complement existing projects.


For instance, the Euclid project headed by the European Space Agency will scan for dark energy — the mysterious force thought to be accelerating the expansion of the universe — but using a wider, shallower survey. The proposed WFIRST design could then go in and probe in more detail, researchers said.


In addition, because the new telescope would have a field of view 100 times wider than that of the Hubble Space Telescope, it could provide accurate counts of galaxy clusters, which is important for dark energy studies, said David Spergel, an astrophysicist at Princeton University who is part of the new proposed design review team.


The new design would also provide a better ability to search for the bending of light by gravity, improving the ability to find and characterize exoplanets. The proposed coronagraph could help the instrument find small, rocky worlds, researchers said.


And the new telescope could detect thousands of new supernovae, or exploded stars.


 ”For supernova science, it really represents a major step forward,” Spergel said.


Better, faster, cheaper?


Though the cost analysis won’t be completed until April, several factors could make a souped-up WFIRST as pricey as building the original designs from scratch — or perhaps even more expensive,


Because the gifted scope has a larger mirror, it will run hotter — currently, at 59 degrees Fahrenheit (15 degrees Celsius). To improve its ability to operate deeper into the infrared spectrum, the design team is hoping to cool it to minus 10 degrees Fahrenheit (minus 23 degrees Celsius).


The big telescope might also require a bigger launch vehicle — possibly one that doesn’t yet exist.


“It may not be cheaper; it may well be more expensive,” Spergel said.


While several astronomers argued the new design would probably be cheaper, simply because the major element — the telescope — is already in place, others were not convinced.


Ned Wright, an astrophysicist at UCLA who spoke during the meeting, expressed extreme skepticism about the NRO’s cast-off spy telescopes, saying the new design was likely to be plagued by cost overruns.


“Would anybody like to wager a case of Jameson on the question of whether this could be built by 2024 for less than $ 1.5 billion?” he asked.


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Are gun curbs just symbolism?






STORY HIGHLIGHTS


  • Gun violence recommendations are expected from Vice President Biden on Tuesday

  • The proposals are expected to contain substantive and symbolic ideas to curb gun violence

  • Presidents use symbolism to shift public opinion or affect larger political or social change




Washington (CNN) -- The pictures told the story: Vice President Joe Biden looked solemn, patrician and in control as he sat at a long table in the White House, flanked by people on both sides of the gun control issue.


The images conveyed a sense that the White House was in command on this issue.


And that's the point. Historically, presidential administrations have used symbolic imagery—at times coupled with marginal actions—to shift public opinion or affect larger political or social change.


"Politics is a risk taking project," said Julian Zelizer, a Princeton University historian and CNN contributor. "They put together these commissions in response to some crisis. You try a hundred things and hope something works."


On the eve of the Biden-led gun control task force recommendations to President Barack Obama, political experts say it is important that his administration sends a clear signal that it has things in hand.


Obama says gun lobby stokes fear of federal action










That is especially critical in what will likely be an uphill battle to push specific changes, like an assault weapons ban, as part of a broader effort on gun control.


The first move in the image battle will be to appear to move quickly and decisively.


"You have to give the Obama administration credit for one thing: They've learned from history to do things quickly," Larry Sabato, director of the University of Virginia's Center for Politics, said of previous task force initiatives that fizzled.


In 2010, Obama appointed a bipartisan commission headed by former Republican Sen. Alan Simpson of Wyoming and Erskine Bowles, a former Democratic White House chief of staff, to come up with a proposal to balance the budget and cut the debt.


Like the gun task force, Simpson-Bowles reviewed current regulations, gathered input from the public and engaged in tense internal conversations. But after months of working on a proposal—a blend of steep revenue increases and spending cuts—the group struggled to agree to a solution. The president did not take up the recommendations.


Obama largely avoided the issue of gun control during his first term.


He wrote an opinion piece two months after the 2011 assassination attempt on Rep. Gabrielle Giffords of Arizona, acknowledging the importance of the Second Amendment right to bear arms. In the piece he also called for a focus on "effective steps that will actually keep those irresponsible, law-breaking few from getting their hands on a gun in the first place."


Newtown searches for answers a month later


But in the aftermath of that shooting and as the election season loomed, the Justice Department backed off from a list of recommendations that included a measure designed to help keep mentally ill people from getting guns.


For now, at least, there is a sense in Washington that the Newtown, Connecticut, school shooting where 26 people -- 20 of them young children -- were slaughtered could lead to meaningful legislative reform.


Public opinion would seem to suggest that the White House efforts are well timed.


In the month since the massacre, a new poll showed the percentage of Americans who said they were dissatisfied with America's gun laws has spiked.


The Gallup survey released on Monday showed 38% of Americans were dissatisfied with current gun regulations, and wanted stricter laws. That represented 13-point jump from one year ago, when 25% expressed that view. "You want to strike while the iron is hot," Sabato said. "We Americans have short attention spans and, as horrible as the Newtown shooting was, will anyone be surprised if we moved along by spring?"


The White House has since worked overtime to show it considers gun control an urgent matter.


The vice president has spent the last week meeting with what the White House calls "stakeholders" in the gun control debate.


On Monday, Biden was to meet with members of a House Democratic task force on guns, along with Attorney General Eric Holder, Homeland Security Secretary Janet Napolitano, and Kathleen Sebelius, the secretary of Health and Human Services.


Universal background check: What does it mean?


In a series of face to face discussions on Thursday, Biden sat down with the National Rifle Association and other gun owners groups before conferring with representatives from the film and television industry.


In a sign the White House is prepared to move aggressively on its proposals, Biden made public comments just before meeting with the National Rifle Association, the country's most powerful gun lobby.


"Putting the vice president in charge of (the task force) and having him meeting with these groups is intended to show seriousness and an effort to reach out and respond to concerns and wishes of various groups," said Alan Abramowitz, a political science professor at Emory University.


Still, the NRA expressed disappointment in its discussion with Biden and later released a statement that accused the administration of mounting "an agenda to attack the Second Amendment."


Organizations seeking tougher gun control laws insist an assault weapons ban is critical to addressing the nation's recent rash of mass shootings. However, such a ban could be difficult in a Congress mired in gridlock.


"The bully pulpit is limited. It's hard for the president to sustain that momentum," Zelizer said of the White House's gun control efforts after the Newtown shootings. "The thing about symbolism is, like the shock over Newtown, they fade quickly."


Newtown opens eyes to other gun violence against young people


CNN's Jim Acosta and Kevin Liptak contributed to this report






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City seeks to settle cop misconduct cases for nearly $33 million

Chicago Tribune reporter David Heinzmann on news that Mayor Rahm Emanuel seeks to settle two notorious cases of alleged police misconduct. (Posted Jan. 14th, 2013)









Nearly seven years after Christina Eilman wandered out of a South Side police station and into a catastrophe, her tragic entanglement with the Chicago Police Department began to come to an end Monday — with a proposed $22.5 million legal settlement that may be the largest the city ever offered to a single victim of police misconduct.


Though the settlement is a staggering sum on its own, Mayor Rahm Emanuel's administration has placed a second eight-figure police settlement on today's City Council Finance Committee agenda. A $10.2 million settlement is proposed for one of the victims of notorious former police Cmdr. Jon Burge, bringing to nearly $33 million the amount aldermen could vote to pay victims of police misconduct in a single day.


The latest Burge settlement would be for Alton Logan, who spent 26 years in prison for a murder he did not commit and who alleged in a federal lawsuit that Burge's team of detectives covered up evidence that would have exonerated him — a departure from previous cases that documented torture used by Burge's team to extract false confessions. The Logan case would bring the tab on Burge cases to nearly $60 million when legal fees are counted. Burge is serving 41/2 years in federal prison for lying about the torture and abuse of suspects.








The settlement in the Eilman case would avert a trial detailing the events of May 2006, when the then-21-year-old California woman was arrested at Midway Airport in the midst of a bipolar breakdown. She was held overnight and then released at sundown the next day without assistance several miles away in one of the city's highest-crime neighborhoods.


Alone and bewildered by her surroundings, the former UCLA student was abducted and sexually assaulted before plummeting from a seventh-floor window. She survived but suffered a severe and permanent brain injury, a shattered pelvis, and numerous other broken bones and injuries.


Her lawyer and family declined to comment Monday. The case, which has dragged in the courts for six years, was set to begin trial next week. Pretrial litigation had produced scathing rebukes from federal judges of the city's behavior toward Eilman — both on the street and in court.


The city's argument that it was not responsible for her injuries because she was assaulted by a gang member was blasted in a ruling from the 7th U.S. Circuit Court of Appeals this year. a ruling from the 7th U.S. Circuit Court of Appeals this year. Chief Judge Frank Easterbrook described the Police Department's release of Eilman, who is white, into a high-crime, predominantly African-American neighborhood by saying officers "might as well have released her into the lion's den at the Brookfield Zoo."


While Emanuel's Law Department endured some criticism for delays in the Eilman case since the mayor took office in 2011, he has noted repeatedly that the police misconduct highlighted in these and many other cases are legacies from the Richard M. Daley administration that he — and taxpayers — are stuck with.


The mayor's office referred calls to the city Law Department, but a spokesman there declined to comment.


If approved, the Eilman settlement would surpass the $18 million settlement paid to the family of LaTanya Haggerty, who was mistakenly shot and killed by police in 1999. It is frequently referred to as the city's biggest single-victim settlement.


Ald. Howard Brookins Jr., 21st, said city officials have not taken a hard enough line against police misconduct for years, and now taxpayers are footing the bill.


"We've known this was going to bust our budget, and here we are," Brookins said. "The administration (under Daley) should have made police conduct and behavior a higher priority. They didn't, and now we're seeing these costly settlements over and over, to pay for officers mistreating people."


The Logan case was set to go to trial last month, but on the first day of jury selection, city lawyers decided to settle the case. Logan's attorney Jon Loevy said the settlement includes about $1.5 million in legal fees.


Logan sat in prison for 26 years until a stunning 2008 revelation after another man, convicted murderer Andrew Wilson, died. Wilson had told his attorneys in 1982 that he committed the murder in which Logan was accused, but the lawyers said the attorney-client privilege kept them from going public with the admission until after Wilson's death.


Although relieved the city settled the case instead of battling on, Loevy said his client would gladly give up the $8.7 million to have nearly three decades of his life back.


"I don't know who would take that much money to lose their 20s, 30s and 40s," Loevy said. "From his perspective, no amount of money can make him whole and he'd rather have his life back."


While Logan lost the middle chunk of his life, Eilman dwells in a childlike mental state and feels as though she has lost the rest of her life, her family has told the Tribune.


Hobbled by a brain injury that has permanently impaired her cognitive function, she lives with her parents in suburban Sacramento. She requires constant medical treatment and therapy. Doctors have said she will not get better.


Eilman came to Chicago on May 5, 2006, at a time when her bipolar condition was worsening. When she tried to catch a return flight from Midway to California a couple of days later, she was ranting and screaming and appeared to be out of her mind.


Police officers eventually arrested her and took her to the Chicago Lawn district near Midway. Court records and depositions in the case show that officers were alarmed by Eilman's behavior.





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Pakistan turmoil deepens as court orders PM's arrest


ISLAMABAD (Reuters) - Pakistan's Supreme Court ordered the arrest of the prime minister on Tuesday on corruption allegations, ratcheting up pressure on a government that is also facing a massive street protest led by a cleric who has a history of ties to the army.


The combination of the arrest order and the mass protest in the capital Islamabad led by Muslim cleric Muhammad Tahirul Qadri raised fears among politicians that the military was working with the judiciary to force out a civilian leader.


"There is no doubt that Qadri's march and the Supreme Court's verdict were masterminded by the military establishment of Pakistan," Fawad Chaudhry, an aide to Prime Minister Raja Pervez Ashraf, told Reuters.


"The military can intervene at this moment as the Supreme Court has opened a way for it."


However, the ruling coalition led by the Pakistan Peoples' Party (PPP) has a majority in parliament and lawmakers can simply elect another prime minister if Ashraf is ousted. In June, Ashraf replaced Prime Minister Yusuf Raza Gilani, who was disqualified by the Supreme Court in a previous showdown between the government and the judiciary.


Also, elections are due in a few months and President Asif Ali Zardari hopes to lead the first civilian government in Pakistan's 65 years as an independent nation that will complete its full term.


But power struggles will distract the unpopular government from tackling an array of problems - a Taliban insurgency, economic stagnation and growing sectarian tensions triggered by bomb attacks and tit-for-tat shootings.


The military, which sees itself as the guarantor of Pakistan's stability, has long regarded the PPP-led government as corrupt, incompetent and unable to prevent the nuclear-armed country from falling apart.


Pakistan's powerful army has a long history of coups and intervening in politics. These days generals seem to have little appetite for a coup but many believe they still try to exert behind-the-scenes influence.


Some politicians believe the military will try to dominate the caretaker administration that will oversee the run-up to the polls after parliament is dissolved, which is due to happen in March. An election date has yet to be announced.


The protest by Qadri and his followers has also been seen by commentators as being orchestrated by the military to add to the pressure on Zardari's government, although the military has denied any involvement.


Thousands of followers of the populist cleric camped near the federal parliament cheered and waved Pakistani flags as television channels broadcast news of the Supreme Court's order to arrest Ashraf on charges of corruption.


"We don't want any of those old politicians. They just take all the people's money," said 19-year-old student Mohammed Wasim. "We congratulate the whole nation (on the Supreme Court's order). Now we have to take the rest of the thieves to court."


BAFFLED


Government officials said they were baffled by the arrest order, which came hours after Chief Justice Iftikhar Chaudhry said elections should go ahead as scheduled.


"This was totally unexpected," an official in Ashraf's office told Reuters. "The prime minister and two or three of his friends were watching Qadri speak on television and this suddenly happened."


Pakistan's stock exchange fell by more than 500 points, or nearly three percent, on news of the court order, due to fears over fresh political turmoil, which comes against a backdrop of militant bombings and tension on the border with India.


Qadri, who played a role in backing a military coup in 1999, threatened to remain camped out near the federal parliament with thousands of supporters until his demands for the resignation of the government were met.


The fiery orator returned home from Canada less than a month ago to lead a call for electoral reforms to bar corrupt politicians from office that has made him an instant hit among Pakistanis disillusioned with the state.


In a speech from behind a bullet-proof shield in front of parliament, Qadri praised the military and the judiciary, the country's two other power centers.


"(The government) has wasted and brought a bad end to our armed forces, those armed forces who are highly sincere, highly competent and highly capable and highly professional," he said, alternating between Urdu and English.


"Even they can't do anything because the political government isn't able to deliver anything from this land. Judgments are being passed by our great, independent judiciary but the government is not ready to implement them."


Qadri is demanding that the government dissolve the legislature and announce the formation of a caretaker government to oversee the run-up to elections.


He told Reuters on Friday that the military could play a possible role in the selection of the interim administration, a stance which has sharpened fears he may be working at the army's behest. The military denies any ties to him.


One senior military officer, who said he was speaking in a purely personal capacity, said there was no appetite in the military to repeat the coups seen in Pakistan's past, but added the stand-off could be resolved if the army played a role in the formation of a caretaker government as a "moderator".


"We should try as far as possible to abide by the constitution and law in looking for change. The army chief has made this clear," the officer told Reuters.


"But things seem to be moving beyond control," the officer added. "It is totally incorrect to say the army is behind Qadri. But if he brings thousands of people to the streets and things get worse, there may be very few options."


(Additional reporting by Matthew Green and Mubasher Bukhari in ISLAMABAD and Jibran Ahmad in PESHAWAR; Writing by Michael Georgy; Editing by Raju Gopalakrishnan)



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