New chief of California's prisons named

SACRAMENTO — Gov. Jerry Brown on Wednesday named a vocal advocate of shorter sentences and community treatment to run the state's crowded and troubled prison system.

Brown announced the selection of Jeffrey Beard, 65, the retired former Pennsylvania prisons chief, to succeed Matthew Cate, who stepped down last month after four years as secretary of corrections in California. Cate is now leader of the California State Assn. of Counties.

Beard, whose appointment is subject to Senate confirmation, spent nearly four decades in corrections in Pennsylvania, starting as a counselor and advancing to prison warden, eventually spending nine years as department head. He completed an expansion of that state's prison system, including the addition of 32,000 inmate beds.

He left in 2010, advocating for laws that put more criminals into work-treatment programs instead of prisons, telling lawmakers that an "over-reliance" on locking up non-serious offenders did little to improve public safety.

Though an official start date was not announced, Beard joins Brown's administration at a critical time. The Department of Corrections and Rehabilitation has until Jan. 7 to produce a plan for reducing prison crowding or face the renewed threat of federal orders to release inmates early.

In addition, a federal receiver is attempting to negotiate terms for California to resume control over the delivery of healthcare to inmates. And the parole and healthcare divisions are laying off staff.

In announcing the appointment, Brown said Beard "has arrived at the right time to take the next steps in returning California's parole and correctional institutions to their former luster."

Beard's successor in Pennsylvania says Beard will fit right in.

"I think you guys hit a home run," said Pennsylvania Corrections Secretary John Wetzel.

Wetzel, who was appointed eight months after Beard retired, said the former director weighed in frequently with crucial advice and provided input on new legislation intended to reduce prison crowding in that state and on expanding community treatment and diversion programs.

In 2008, Beard lent support to a proposal to ease county jail crowding by sending felons serving more than two years to state prison. But it allowed for medical release and early release of nonviolent offenders who completed treatment and education programs.

Andy Hoover, legislative director for the Pennsylvania branch of the American Civil Liberties Union, said Beard played an active role in developing corrections policies and promoting them before the Legislature.

But Beard has critics as well, some of whom hold him responsible for expanding the use of solitary confinement in Pennsylvania and for a two-month moratorium on parole releases after the murders of two Philadelphia police officers. The moratorium caused such overcrowding that Pennsylvania began sending inmates to serve time in other states.

Hoover said Beard was caught in a political bind, carrying out policies he had not set. "He was in an unfortunate position," Hoover said. "It was very much out of his hands."

Corrections historian Dan Berger, who was working on his doctoral degree at the University of Pennsylvania at the time, disagrees.

"Beard does not have a good reputation on health and human rights in prison," Berger said. "He gives more rhetoric to sentencing reform than believes it."

After retiring in 2010, Beard joined Pennsylvania State University's Justice Center for Research, and he has worked as a private consultant to a number of states, including California. He advised Sacramento on litigation over the care and housing of mentally ill offenders and has toured California prisons.

Beard is not shy about voicing opinions on where the criminal justice system fails. In 2010, he told Pennsylvania lawmakers that heavy reliance on incarceration of low-level offenders "has proven to have limited value in maintaining public safety."

"We must stop treating all offenders the same and move away from the 'get tough on crime' philosophy of locking up less serious offenders for longer periods of time," he told them.

In a 2005 commentary in an industry publication, Beard called for a rethinking of "who really belongs in prison" and an end to the then-popular "scared straight" programs he felt increased the likelihood that freed inmates would commit future crimes. "We must have the will to put an end to feel-good and/or publicly popular programs that simply do not work," Beard wrote.

Corrections officials said Beard was unavailable Wednesday but released a single statement quoting the incoming secretary as saying he was "honored" to be appointed "for this important public safety position."

paige.stjohn@latimes.com

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Patent Office to Review Apple's Document-Scrolling Patent

The U.S. Patent and Trademark Office has ruled that a patent that’s central to the epic Apple v. Samsung intellectual property lawsuit is subject to reexamination, which could lead to portions of the patent — but probably not all of it — being invalidated.

Patent No. 7,844,915, referred to as the ’915 patent, covers document scrolling. The patent office rejected all 21 claims of the patent, which means it is up for scrutiny — but it is unlikely that the patent would be invalidated in its entirety. Eighty-nine percent of patents subject to reexamination survive in some form or another, Brian Love, an assistant professor of law at Santa Clara University School of Law, has told Wired.

Just last week another Apple patent holding, a multi-touch related patent dubbed the “Steve Jobs” patent, was also tentatively invalidated. We saw the same thing in October with Apple’s so-called “rubber-banding patent.” In each case, the patent is merely being reexamined.

However, should a patent examiner determine a patent is invalid, it could have a significant effect on the damages Samsung owes Apple in the Apple v. Samsung case — a jury trial determined that 19 Samsung smartphones violated this particular patent. Judge Koh has already denied Apple a permanent injunction against infringing Samsung devices.

Samsung submitted the filing to Judge Lucy Koh as part of ongoing post-trial decisions in the two companies’ multi-faceted intellectual property battles. If the patent survives, but adjustments need to be made in order for it to be valid, it’s also bad news for Apple.

“If Apple has to amend its claims to salvage the patent, it will not be able to recover damages for allegedly infringing activity that took place before the patent was amended,” Love told Wired December 7. In layman’s terms: Samsung would still be off the hook for this patent in Apple v. Samsung.

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Leah Remini sued by former managers over “Family Tools” commissions

LOS ANGELES (TheWrap.com) – Leah Remini‘s new TV gig is already giving her a headache, months before it even starts. Former “King of Queens” star Remini is being sued by her former managers, the Collective Management Group, which claims that it’s owed $ 67,000 in commissions relating to her upcoming ABC comedy “Family Tools,” which debuts May 1.

In a complaint filed with Los Angeles Superior Court on Tuesday, the Collective says that it entered into an agreement with the actress in November 2011 that guaranteed the company 10 percent of the earnings that emerged from projects that Remini “discussed, negotiated, contemplated, or procured/booked during Plaintiff’s representation of Remini,” regardless of whether the income was earned after she and the Collective parted ways.

According to the lawsuit, that would include the $ 1 million that it says Remini will earn for the first season of “Family Tools.” (The suit allows that it isn’t owed commission on a $ 330,000 talent holding fee that Remini received from ABC prior to officially being booked on the show.)

Remini, pictured above wearing the self-satisfied smirk of someone who just might stiff her former managers out of their commission, terminated her agreement with the Collective “without warning or justification” in October, the suit says.

Alleging breach of oral contract among other charges, the suit is asking for an order stipulating that it’s owed the $ 67,000, plus unspecified damages, interest and court costs.

Remini’s agent has not yet responded to TheWrap’s request for comment.

(Pamela Chelin contributed to this report)

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U.N. Suspends Polio Campaign in Pakistan After Killings of Workers

B.K. Bangash/Associated Press

A Pakistani woman administered polio vaccine to an infant on Wednesday in the slums of Islamabad. Militants have killed eight polio workers over three days.

LAHORE, Pakistan — The front-line heroes of Pakistan’s war on polio are its volunteers: young women who tread fearlessly from door to door, in slums and highland villages, administering precious drops of vaccine to children in places where their immunization campaign is often viewed with suspicion.

Now, those workers have become quarry. After militants stalked and killed eight of them over the course of a three-day, nationwide vaccination drive, the United Nations suspended its anti-polio work in Pakistan on Wednesday, and one of Pakistan’s most crucial public health campaigns has been plunged into crisis.

The World Health Organization and Unicef ordered their staff members off the streets, while government officials reported that some polio volunteers — especially women — were afraid to show up for work.

At the ground level, it is those female health workers who are essential, allowed privileged entrance into private homes to meet and help children in situations denied to men because of conservative rural culture. “They are on the front line; they are the backbone,” said Imtiaz Ali Shah, a polio coordinator in Peshawar.

The killings started in the port city of Karachi on Monday, the first day of a vaccination drive aimed at the worst affected areas, with the shooting of a male health worker. On Tuesday four female polio workers were killed, all gunned down by men on motorcycles in what appeared to be closely coordinated attacks.

The hit jobs then moved to Peshawar, the capital of Khyber-Pakhtunkhwa Province, which, along with the adjoining tribal belt, constitutes Pakistan’s main reservoir of new polio infections. The first victim there was one of two sisters who had volunteered as polio vaccinators. Men on motorcycles shadowed them as they walked from house to house. Once the sisters entered a quiet street, the gunmen opened fire. One of the sisters, Farzana, died instantly; the other was uninjured.

On Wednesday, a man working on the polio campaign was shot dead as he made a chalk mark on the door of a house in a suburb of Peshawar. Later, a female health supervisor in Charsadda, 15 miles to the north, was shot dead in a car she shared with her cousin.

Yet again, Pakistani militants are making a point of attacking women who stand for something larger. In October, it was Malala Yousafzai, a schoolgirl advocate for education who was gunned down by a Pakistani Taliban attacker in the Swat Valley. She was grievously wounded, and the militants vowed they would try again until they had killed her. The result was a tidal wave of public anger that clearly unsettled the Pakistani Taliban.

In singling out the core workers in one of Pakistan’s most crucial public health initiatives, militants seem to have resolved to harden their stance against immunization drives, and declared anew that they consider women to be legitimate targets. Until this week, vaccinators had never been targeted with such violence in such numbers.

Government officials in Peshawar said that they believe a Taliban faction in Mohmand, a tribal area near Peshawar, was behind at least some of the shootings. Still, the Pakistani Taliban have been uncharacteristically silent about the attacks, with no official claims of responsibility. In staying quiet, the militants may be trying to blunt any public backlash like the huge demonstrations over the attack on Ms. Yousafzai.

Female polio workers here make for easy targets. They wear no uniform but are readily recognizable, with clipboards and refrigerated vaccine boxes, walking door to door. They work in pairs — including at least one woman — and are paid just over $2.50 a day. Most days one team can vaccinate 150 to 200 children.

Faced with suspicious or recalcitrant parents, their only weapon is reassurance: a gentle pat on the hand, a shared cup of tea, an offer to seek religious assurances from a pro-vaccine cleric. “The whole program is dependent on them,” said Mr. Shah, in Peshawar. “If they do good work, and talk well to the parents, then they will vaccinate the children.”

That has happened with increasing frequency in Pakistan over the past year. A concerted immunization drive, involving up to 225,000 vaccination workers, drove the number of newly infected polio victims down to 52. Several high-profile groups shouldered the program forward — at the global level, donors like the Bill and Melinda Gates Foundation, the United Nations and Rotary International; and at the national level, President Asif Ali Zardari and his daughter Aseefa, who have made polio eradication a “personal mission.”

On a global scale, setbacks are not unusual in polio vaccination campaigns, which, by dint of their massive scale and need to reach deep inside conservative societies, end up grappling with more than just medical challenges. In other campaigns in Africa and South Asia, vaccinators have grappled with natural disaster, virulent opposition from conservative clerics and sudden outbreaks of mysterious strains of the disease.

Declan Walsh reported from Lahore, and Donald G. McNeil Jr. from New York. Ismail Khan contributed reporting from Peshawar, Pakistan.

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DealBook: Leniency Denied, UBS Unit Admits Guilt in Rate Case

UBS on Wednesday became the first big global bank in more than two decades to have a subsidiary plead guilty to fraud.

UBS, the Swiss bank, scrambled until the last minute to avoid that fate. A week ago, in a bid for leniency over interest-rate manipulation, the bank’s chairman traveled to Washington to plead his case to the Justice Department, according to people briefed on the matter. Knowing the long odds, the chairman, Axel Weber, asked the criminal division for a lighter punishment.

But the government did not budge. With support from Attorney General Eric H. Holder Jr., the agency’s criminal division decided the bank’s actions were simply too egregious, people briefed on the matter said.

On Wednesday, UBS announced it would plead guilty to one count of felony wire fraud as part of a broader settlement. With federal prosecutors, British, Swiss and American regulators secured about $1.5 billion in fines, more than triple the only other rate-rigging case, against Barclays. The Justice Department also filed criminal charges against two former UBS traders.

The guilty plea and the individual charges provide the Justice Department with a long-awaited case to prove it is taking a hard line against financial wrongdoing.

Since the financial crisis, the government has faced criticism that it has not brought significant criminal actions. The money-laundering case against HSBC, which averted indictment when it agreed instead last week to pay $1.9 billion, raised more concerns that the world’s largest and most interconnected banks were too big to indict.

With UBS, prosecutors wanted to send a warning.

The Justice Department’s decision stops short of imperiling the broader financial system because it shields UBS’s parent company from losing its charter, among other major repercussions. But by securing a guilty plea against a subsidiary, the department has shown that it is willing to punish severely one of the world’s most powerful banks. It was the first guilty plea from a major financial institution since Drexel Burnham Lambert admitted to six counts of fraud in 1989.

“We are holding those who did wrong accountable,” Lanny A. Breuer, the head of the Justice Department’s criminal division, said at a news conference on Wednesday. “We cannot, and we will not, tolerate misconduct on Wall Street.”

The rate-rigging inquiry, which has ensnared more than a dozen big banks, is focused on major benchmarks like the London interbank offered rate, or Libor. Such rates are central to determining the borrowing rates for trillions of dollars of financial products like corporate loans, mortgages and credit cards.

The fallout from the UBS case is expected to increase pressure on some of the world’s largest financial institutions and spur settlement talks across the banking industry. The Royal Bank of Scotland has said it expects to pay fines before its next earnings statement in February, while American institutions, including JPMorgan Chase, also remain in regulators’ cross hairs.

The UBS case highlighted a pattern of abuse that authorities have uncovered in a multiyear investigation into the rate-setting process. The government complaints laid bare a 10-year scheme, describing how the bank had reported false rates to squeeze out extra profits and deflect concerns about its health during the financial crisis.

“The settlement reflects the magnitude of the wrongdoing and how critical it is that these be honest and reliable,” said Gary S. Gensler, chairman of the Commodity Futures Trading Commission, the American regulator that opened the UBS investigation.

Six months ago, authorities did not seem ready to take an aggressive stance with UBS.

They had just scored their first Libor settlement, a $450 million payout from Barclays. UBS, which had already struck a conditional immunity deal with the Justice Department’s antitrust division, figured its penalty would be similar.

The immunity deal, some UBS executives contended, would protect the bank from criminal charges. Even officials at the Justice Department were skeptical about the prospect of levying large penalties, according to people briefed on the matter.

Then the tone shifted this fall. After examining thousands of e-mails and hours of taped phone calls, the agency’s criminal division concluded that the conduct at the Japanese subsidiary warranted a criminal charge.

Agency officials also cited the bank’s repeated run-ins with authorities. For example, the Swiss bank had agreed in 2009 to pay $780 million to settle charges that it had helped clients avoid taxes.

Not everyone in the Justice Department agreed on the course of action. According to people briefed on the matter, the antitrust unit pushed for less-onerous penalties, citing the cooperation of UBS. With officials split over how to proceed, Mr. Holder cast the deciding vote in favor of securing a guilty plea from the subsidiary.

The move caught UBS off guard. The bank dispatched dozens of lawyers to Washington to negotiate the fine print of the deal, setting up makeshift offices at the Four Seasons hotel in Georgetown.

Mr. Weber joined the lawyers, in a typical last-ditch appeal to the criminal division. Last Wednesday, Mr. Weber and his general counsel explained to the agency how UBS had overhauled its management ranks, bolstered internal controls and generally tried to clean up its act.

Mr. Breuer and other Justice Department officials agreed to consider the bank’s request to abandon the guilty plea, people briefed on the talks said. But hours later, a prosecutor phoned to say the agency was standing firm.

UBS agreed to the guilty plea, conceding that the Japanese unit would otherwise most likely face an indictment. In turn, prosecutors credited the bank for its recent efforts to improve.

“We are pleased that the authorities gave us credit for the important and positive changes we have already made,” Mr. Weber said in a statement.

The Commodity Futures Trading Commission adopted a similarly tough attitude.

Since Thanksgiving, UBS has tried to negotiate lower penalties with the regulator, according to people briefed on the matter. But David Meister, the agency’s enforcement chief, would not back down from $700 million in fines, an agency record.

“Even for a megabank, that amount serves as a direct deterrent,” said Bart Chilton, a commissioner at the regulator.

Authorities’ strict stance stems from the extent of the bank’s actions. The Commodity Futures Trading Commission cited more than 2,000 instances of illegal acts involving dozens of UBS employees across continents.

The most significant wrongdoing took place within the Japanese unit, where traders colluded with other banks and brokerage firms to tinker with yen-denominated Libor and bolster their returns.

In colorful e-mails, instant messages and phone calls, traders tried to influence the rates. “I need you to keep it as low as possible,” one UBS trader said to an employee at another brokerage firm, according to the complaint filed by the Financial Services Authority of Britain.

As the employees carried out the ostensible manipulation, they also celebrated the efforts, with one trader referring to a partner in the scheme as “superman.” “Be a hero today,” he urged, according the complaint.

The Justice Department also took aim at two former UBS traders, Tom Hayes, 33, and Roger Darin, 41, bringing the first criminal charges against individuals connected to the Libor case.

Like other traders at UBS, Mr. Hayes was willing to reward others for their efforts. He trumpeted the work of an outside broker who had helped, writing in a message, “i reckon i owe him a lot more.” Another broker responded that the person was “ok with an annual champagne shipment,” and “a small bonus every now and then.”

As prosecutors ramped up their investigation, Mr. Hayes even tried to dissuade former colleagues from cooperating, the complaint said. “The U.S. Department of Justice, mate, you know,” he said, they are the “dudes who…put people in jail. Why…would you talk to them?”

Mark Scott, Ashley Southall and Julia Werdigier contributed reporting.

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California senators propose tighter gun laws after Newtown deaths

SACRAMENTO — A group of California lawmakers responded Tuesday to the mass shooting in Newtown, Conn., with a series of proposals to further control access to weapons, including mandatory permits with fees and background checks for anyone who wants to buy bullets.

Tougher gun permit and safety measures, as well as a plan to close a loophole in the state's assault weapons ban, were also proposed.

California has been fighting in court for years with the National Rifle Assn. and other groups over an earlier, landmark law to restrict handgun ammunition sales. The state has been unable to enforce the law since 2010 because of the litigation.

"For too long, too much ground has been ceded in this debate about reasonable gun and ammunition control," said Sen. Kevin De Leon, chairman of the Senate Democratic Caucus.

The Democrat from Los Angeles is leading the effort for new regulations on ammunition sales, which he said Tuesday would be dedicated to those killed at Sandy Hook Elementary School. "We must not capitulate any longer."

He said his new proposal addresses concerns raised by the courts that the existing law does not clearly define what constitutes handgun ammunition.

The rules proposed by De Leon would apply to ammunition for all guns.

California lawmakers have repeatedly implemented strict rules on gun ownership despite the state's large population of hunters and recreational shooters, and constant wrangling with the NRA.

The nonprofit Brady Campaign to Prevent Gun Violence, which lobbies for restrictions on firearm ownership, ranks California No. 1 among states.

Bans on assault weapons and ammunition clips holding more than 10 rounds, as well as a strong background check requirement, retention of records on gun buyers and a 10-day waiting period for purchasing firearms helped earn California the distinction.

De Leon wants an annual permit fee of up to $50 to pay for felony and mental illness background checks. Those buying ammunition on the Internet would have to collect the bullets at a gun store, where the permit would be required.

C.D. Michel, the lawyer who filed the lawsuit on behalf of the California Rifle and Pistol Assn. Foundation — the NRA's California affiliate — said Tuesday that the senator's latest proposal might also be illegal.

"You can't tax the exercise of a fundamental constitutional right," he said.

Others questioned the effectiveness of the proposed law.

"Anybody who wants to can drive to Reno or Las Vegas or Oregon and buy all the ammunition they want and bring it back to California," said Sam Paredes, executive director of the advocacy group Gun Owners of California.

Gov. Jerry Brown has not always embraced anti-gun legislation. He vetoed a measure lawmakers passed last year aimed at addressing the legal issues bedeviling the existing restrictions on ammunition purchases.

"Let's keep our powder dry … until the court case runs its course," Brown wrote in his veto message.

De Leon said the politics of such bills had changed with the Connecticut shooting.

"They were mowed down," he said of the Newtown children. "I think that viscerally it will give a lot of political officials around the country the political courage to do the right thing."

Los Angeles and Sacramento require fingerprinting of ammunition buyers. The Sacramento Police Department found that 349 felons and other prohibited buyers purchased ammunition in that city from 2008 to 2011. Officers were able to go after the violators.

State Sen. Leland Yee (D-San Francisco) this week proposed three gun-control bills, including one prohibiting devices on semiautomatic weapons that allow them to be easily reloaded with multiple rounds of ammunition.

He also proposed requiring yearly registration and background checks for gun ownership, rather than just at the time of purchase. Yee also proposed that all guns have a locked trigger and be properly stored in a lock box when not in use.

Republican Sen. Ted Gaines of Roseville announced Tuesday his proposal to permanently ban from owning guns mentally ill people whom a court deems to be a danger to others.

Gaines said current law allowed those people to regain the right to possess firearms if they completed treatment.

patrick.mcgreevy@latimes.com

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Army Says This General Sexually Abused an Officer, Then Threatened Her Career

An Army general isn’t just accused of sexually assaulting a female subordinate. According to newly released military documents, the one-star general ”threaten[ed] to use his rank, position, and authority to damage or ruin [the captain's] military career if she ended their sexual relationship.” And he disobeyed a direct order from his superior officer to leave the female officer alone.

Army Brig. Gen. Jeffrey Sinclair, the former deputy commander of the 82nd Airborne Division, “received a lawful command from Major General (O-8) James L. Huggins,” then Sinclair’s superior officer, to cease contact with an unnamed female Army captain that Sinclair stands accused of sodomizing “without [her] consent.” That’s according to Sinclair’s official charge sheet, which Danger Room has acquired. Sinclair “attempt[ed] to willfully disobey the same by calling her cell phone” in March 2012. That attempted contact occurred after Sinclair allegedly sexually abused the captain.

It is unclear from the charge sheet if Huggins knew that Sinclair had forced himself on the captain, who apparently maintained a sexual relationship with Sinclair for years. Huggins recently completed a tour as the 82nd’s commanding officer and commander of U.S. forces in southern Afghanistan. He is slated for a promotion to lieutenant general.

On Tuesday, officials at Fort Bragg, North Carolina, announced that Sinclair will definitely face a court-martial on charges of forcible sodomy, sexual misconduct, conduct unbecoming an officer, and other charges. Sinclair’s arraignment at Fort Bragg is scheduled for Jan. 22.

According to the charge sheet, the married Sinclair displayed “pornographic and sexually explicit photographs and movies” while serving in both Iraq and Afghanistan; used his government charge card for personal uses; and carried “inappropriate relationship[s]” with at least two other female officers, one a major and the other a lieutenant. The charge sheet does not accuse Sinclair of abusing those officers.

Sinclair is also charged with covering up his abuse of the female captain. In March of 2012, while he was serving in Kandahar, the charge sheet alleges Sinclair “wrongfully endeavor[ed]] to impede an investigation in the case of himself, by deleting nude photographs” and the e-mail account that either sent or received them.

As has been previously reported, when criticized for using “derogatory and demeaning words to refer to female staff officers,” Sinclair allegedly responded, “I’m a general, I’ll say whatever the [redacted] I want,” according to the charge sheet, which calls that “conduct unbecoming an officer and gentleman.” The female captain allegedly abused by Sinclair testified at a pre-trial hearing at Fort Bragg in November.

Secrecy has surrounded the Sinclair case since it became public in September that Sinclair faced potential prosecution. It’s unusual for the sheet listing the charges facing an accused servicemember to be delayed for so long. Retired Air Force Col. Morris Davis, a former chief prosecutor at Guantanamo Bay, told Danger Room in November that it smelled of favoritism shown to a general officer that an enlisted soldier wouldn’t enjoy. The Army insists that’s flat wrong.

“We did not initially release the charge sheets because the Article 32 investigating officer needed to decide if the evidence presented was sufficient to bring forward to the General Court Martial Convening authority for his action,” says Col. Kevin Arata, the spokesman for the XVIII Airborne Corps at Fort Bragg. “Now that the GCMCA has made a decision on those charges, and the accused is being arraigned, we know explicitly what charges are being referred against the accused, thus the release of the redacted charge sheets at this time.”

Gary Solis, a military law scholar at Georgetown University, considers that a credible explanation. “There is much to criticize, when it comes to public access to disciplinary matters denied by the military, but this is not such a case,” Solis tells Danger Room. “To have publicly announced un-investigated charges in the case of a general officer, even this one, would have been a miscarriage of justice, had any of the charges been demonstrated at the 32 to be groundless.”

Davis, unconvinced, adds: “I can’t recall a case where there was public interest where the charges were withheld from public disclosure until after the Convening Authority decided to refer the case to trial.”

Sinclair is one of a number of prominent generals whose ethical lapses have prompted Gen. Martin Dempsey, the chairman of the Joint Chiefs of Staff, to launch an inquiry into whether the military needs to review its ethics training. (Dempsey’s initial findings, delivered last Friday, are that general and flag officers could benefit from ethics refreshers.)

But those other generals either misused small amounts of their official salaries for personal benefit, like Army Gen. William “Kip” Ward and Navy Adm. James Stavridis, or may have had “flirtatious” relationships over e-mail, like Marine Gen. John Allen. Sinclair stands accused of sexually assaulting, harassing and humiliating one of the officers under his command. It’s hard to imagine that a general officer needs a refresher course to understand how wrong that is.

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“Zero Dark Thirty” won’t be “Hurt Locker” at the Box Office

LOS ANGELES (TheWrap.com) – Kathryn Bigelow‘s Osama bin Laden manhunt thriller “Zero Dark Thirty” hits theaters Wednesday, and when it comes to the box office, this isn’t going to be “Hurt Locker.”

That was Bigelow’s last film, a gritty Iraq war drama that upset “Avatar” for Oscar’s Best Picture in 2009 but took in just $ 17 million domestically. “Zero Dark Thirty” could well top $ 100 million, say industry analysts – and if the awards season breaks the right way for the Oscar Best Picture front-runner, it could go higher than that.

“ZDT” and this year’s winner of the Palme d’Or at the Cannes Film Festival, “Amour,” are making limited debuts Wednesday, while the Barbra Streisand-Seth Rogen comedy “Guilt Trip” and a 3D re-release of “Monsters Inc.” go into wide release.

Six more movies will roll out on Friday, including Judd Apatow‘s “This Is 40″ and the Tom Cruise starrer “Jack Reacher,” in what Hollywood is hoping will be a very busy pre-holiday week at the box office.

In the course of detailing the killing of Bin Laden, “ZDT” is an examination of the nation’s war on terror, its prosecution and its effect on America’s collective psyche, and that will help, not hurt, the film at the box office, Exhibitor Relations Senior analyst Jeff Bock told TheWrap.

“This movie is about the biggest American war story since Pearl Harbor,” Bock said. “The American people are at a place now where they are ready to look back and really think about what we’ve been through.

“This movie, particularly if it keeps getting awards buzz, is going to be talked about everywhere, and if you want to have an opinion, you’re going to have to see it.”

Despite all the newcomers arriving Wednesday and Friday, Peter Jackson’s “The Hobbit” is expected to continue dominating. It took in about $ 7 million Monday – on the heels of its $ 85 million debut weekend – and should cross the $ 100 million mark Tuesday

Sony Classic is rolling out “Amour,” Michael Haneke‘s dark and unsparing look at old age and death, at two theaters in New York and one in L.A. The French-language film was recently named the best film of 2012 by the Los Angeles Film Critics Association, giving it an important boost during a season in which its chances outside the Oscar foreign-language category hinge on getting Academy voters to see it.

That honor stopped an awards run by “Zero Dark Thirty,” which Sony is rolling out on five screens. The intense tale had won the top award with the New York Film Critics Circle, the National Board of Review, the Boston Film Critics Society and the New York Film Critics Online.

“ZDT” was produced by Megan Ellison’s Annapurna Pictures for about $ 45 million.

Sony’s plan is to go wide with it release on January 11 after the Academy Award nominations.

Beside the film itself and director Bigelow, her producing partner Mark Boal is a good bet for an Best Adapted Screenplay nomination, as is Jessica Chastain in the Best Actress category. All of those earned Golden Globes nominations in those categories.

The gritty and gripping tale is a critical favorite – it has a 97.7 percent rating at Movie Review Intelligence – but a lightning rod for political criticism, from both the left and right of the political spectrum. Some critics have charged the film is an apology for U.S. interrogation tactics that included waterboarding, while others say it’s intended to boost the image of President Obama.

“Our agenda isn’t a partisan agenda – it’s an agenda of trying to look behind the scenes at what went down,” screenwriter Boal told TheWrap earlier. “Hopefully art or cinema can present a point of view that’s a little above the political fray, but that doesn’t mean the political narrative doesn’t try to assert itself and pull you back in.”

“Amour” is a co-production between companies in Austria, France and Germany. It is Austria’s entry and a favorite in Oscar’s Best Foreign Language category, and it has a shot at a Best Picture nomination, too.

Jean-Louis Trintignant and Emmanuelle Riva star as Anne and George, an elderly couple who are retired music teachers and have a daughter (Isabelle Huppert) living abroad. The story, which Haneke wrote and directed based on a similar experience in his own family, focuses on what happens when Anne suffers a stroke.

It was nominated in six categories at the recent European Film Awards and won four, including Best Film and Best Director. The L.A. Film Critics named the 85-year-old Riva co-Best Actress (with Jennifer Lawrence in “Silver Linings Playbook”), and she has an outside shot an Oscar nomination in that category.

“Guilt Trip” is Streisand’s first film foray since “Little Fockers,” which debuted around the same time of year in 2010 for Universal – and her first starring role since 1996′s “The Mirror Has Two Faces.”

“Little Fockers,” a sequel to “Meet the Fockers,” opened to $ 30 million and went on to make $ 148 million. Distributor Paramount will be happy if the PG13-rated “Guilt Trip,” which will be on about 2,300 screens, can match half that debut.” The analysts are looking for it to wind up around $ 12 million.

It’s one of three Paramount releases this week; the Tom Cruise thriller “Jack Reacher” and concert film “Cirque du Soleil: Worlds Away” debut Friday.

“They all play to distinctly different demographics, Paramount’s head of distribution Don Harris told TheWrap, “so other than being really busy, we don’t have any problem with these three all in the marketplace.”

What could provide some tough competition is Judd Apatow‘s R-rated comedy “This Is 40,” which Universal is rolling out on roughly 2,900 screens Friday.

Disney will have its 3D version of its 2001 animated hit “Monsters Inc.” in 2,400 theaters. It will be the third 3D re-release of a Disney film this year. The first two did unspectacular but solid business, particularly when you consider the only cost to the studio is the 3D conversion and marketing.

A 3D version of “Beauty and the Beast” debuted to $ 17 million in July and went on to make $ 47 million. In September, a converted “Finding Nemo” took in $ 16 million in its first week and wound up at $ 41 million.

Between “The Hobbit,” the holdover kids holiday film “Rise of the “Monsters Inc.” and a very crowded marketplace, “Monster Inc.” will have a tough time matching those numbers.

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Attackers in Pakistan Kill Anti-Polio Workers

Rizwan Tabassum/Agence France-Presse — Getty Images

A Pakistani mother mourned her daughter, who was killed on Tuesday in an attack on health workers participating in a drive to eradicate polio from Pakistan.

ISLAMABAD, Pakistan — Gunmen shot dead five female health workers who were immunizing children against polio on Tuesday, causing the Pakistani government to suspend vaccinations in two cities and dealing a fresh setback to an eradication campaign dogged by Taliban resistance in a country that is one of the disease’s last global strongholds.

“It is a blow, no doubt,” said Shahnaz Wazir Ali, an adviser on polio to Prime Minister Raja Pervez Ashraf. “Never before have female health workers been targeted like this in Pakistan. Clearly there will have to be more and better arrangements for security.”

No group claimed responsibility for the attacks, but most suspicion focused on the Pakistani Taliban, which has previously blocked polio vaccinators and complained that the United States is using the program as a cover for espionage.

The killings were a serious reversal for the multibillion-dollar global polio immunization effort, which over the past quarter century has reduced the number of endemic countries from 120 to just three: Pakistan, Afghanistan and Nigeria.

Nonetheless, United Nations officials insisted that the drive would be revived after a period for investigation and regrouping, as it had been after previous attacks on vaccinators here, in Afghanistan and elsewhere.

Pakistan has made solid gains against polio, with 56 new recorded cases of the diseases in 2012, compared with 192 at the same point last year, according to the government. Worldwide, cases of death and paralysis from polio have been reduced to less than 1,000 last year, from 350,000 worldwide in 1988.

But the campaign here has been deeply shaken by Taliban threats and intimidation, though several officials said Tuesday that they had never seen such a focused and deadly attack before.

Insurgents have long been suspicious of polio vaccinators, seeing them as potential spies. But that greatly intensified after the C.I.A. used a vaccination team headed by a local doctor, Shakil Afridi, to visit Osama bin Laden’s compound in Abbottabad, reportedly in an attempt to obtain DNA proof that the Bin Laden family was there before an American commando raid on it in May 2011.

In North Waziristan, one prominent warlord has banned polio vaccinations until the United States ceases drone strikes in the area.

Most new infections in Pakistan occur in the tribal belt and adjoining Khyber-Pakhtunkhwa Province — some of the most remote areas of the country, and also those with the strongest militant presence. People fleeing fighting in those areas have also spread the disease to Karachi, the country’s largest city, where the disease has been making a worrisome comeback in recent years.

After Tuesday’s attacks, witnesses described violence that was both disciplined and well coordinated. Five attacks occurred within an hour in different Karachi neighborhoods. In several cases, the killers traveled in pairs on motorcycle, opening fire on female health workers as they administered polio drops or moved between houses in crowded neighborhoods.

Of the five victims, three were teenagers, and some had been shot in the head, a senior government official said. Two male health workers were also wounded by gunfire; early reports incorrectly stated that one of them had died, the official said.

In Peshawar, the capital of Khyber-Pakhtunkhwa Province, gunmen opened fire on two sisters participating in the polio vaccination program, killing one of them. It was unclear whether that shooting was directly linked to the Karachi attacks.

In remote parts of the northwest, the Taliban threat is exacerbated by the government’s crumbling writ. In Bannu, on the edge of the tribal belt, one polio worker, Noor Khan, said he quit work on Tuesday once news of the attacks in Karachi and Peshawar filtered in.

“We were told to stop immediately,” he said by phone.

Still, the Pakistani government has engaged considerable political and financial capital in fighting polio. President Asif Ali Zardari and his daughter Aseefa have been at the forefront of immunization drives. With the help of international donors, including the Bill and Melinda Gates Foundation, they have mounted a huge vaccination campaign aimed at up to 35 million children younger than 5, usually in three-day bursts that can involve 225,000 health workers.

The plan seeks to have every child in Pakistan immunized at least four times per year, although in the hardest-hit areas one child could be reached as many as 12 times in a year.

Declan Walsh reported from Islamabad, and Donald G. McNeil Jr. from New York. Salman Masood contributed reporting from Islamabad, and Zia ur-Rehman from Karachi, Pakistan.

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Boehner Plan Addresses Taxes but Delays Fight Over Spending Cuts

Joshua Roberts/Reuters

John A. Boehner winced while talking to a reporter on the way to a closed-door meeting with House Republicans today.

WASHINGTON — House Republican leaders struggled on Tuesday night to rally their colleagues around a backup measure to ease the sting of a looming fiscal crisis by allowing tax rates to rise only on incomes over $1 million.

The plan would leave in place across-the-board spending cuts to military and domestic programs that Republicans have been warning could have dire consequences, especially to national defense.

Speaker John A. Boehner unveiled what he dubbed “Plan B” less than 24 hours after President Obama offered a more comprehensive deal that would raise tax rates on incomes over $400,000 and, over 10 years, produce $1.2 trillion in tax increases and cut $930 billion in spending.

Mr. Boehner pledged to continue negotiating on a broad deficit-reduction deal but called the president’s plan unbalanced and insufficient.

“What we’ve offered meets the definition of a balanced approach, but the president is not there yet,” Mr. Boehner said Tuesday.

The Boehner proposal was intended to raise the pressure on Democrats to compromise further still by embracing a tax increase on millionaires first pushed by Senator Charles E. Schumer, Democrat of New York, and Representative Nancy Pelosi of California, the House Democratic leader.

Confronted with her past support for raising income taxes only on millionaires, Ms. Pelosi said that effort had merely been “a plan to smoke out” Republicans.

But a protracted meeting of the House Republican Conference on Tuesday night made it clear that passage of Mr. Boehner’s proposal would be difficult. Representative Howard P. McKeon of California, the chairman of the House Armed Services Committee, said he was not sure he could support a bill that would allow $500 billion in military cuts over the next 10 years and indicated that other Republicans on his committee shared his concern.

Representative John Fleming, a conservative Republican from Louisiana, dismissed the speaker’s plan as a pointless “messaging exercise.”

“Why go on record raising taxes on anybody if it won’t cut spending and won’t even become law?” he asked. “I haven’t found a way of supporting that.”

Ms. Pelosi was leaning hard on House Democrats to stay united in their opposition. If she succeeds, the speaker could afford about only 18 Republican defections, fewer than he has had on any major fiscal vote since Republicans took control two years ago.

Defense Secretary Leon E. Panetta was unsparing on Tuesday in his criticism of lawmakers resisting a deal to stop the military cuts.

“It is unacceptable to me that men and women who put their lives on the line in distant lands have to worry about whether those here in Washington can effectively support them,” Mr. Panetta said in a speech at the National Press Club. “We’re down to the wire now. In these next few days, Congress needs to make the right decisions to avoid the fiscal disaster that awaits us.”

Senator Rob Portman of Ohio, an influential Republican, said the Pentagon cuts would damage not only military readiness but also the fragile economy.

House Republican leaders on Tuesday night sought to assess whether the speaker’s proposal could be brought to the House floor on Thursday. Under that plan, the House would take up take up tax legislation and consider two amendments. The first would mirror a Senate-passed bill to extend the expiring Bush-era tax cuts for incomes below $250,000. That would be expected to fail, as a show to the president that his initial offer cannot pass.

A second amendment would raise that threshold to incomes below $1 million. The House may also vote on some middle ground, like the president’s $400,000.

Mr. Boehner told House Republicans that he would also like the bill to include provisions to prevent the existing alternative minimum tax from expanding to impact more of the middle class and to extend existing low tax rates on inherited estates.

But he said the bill would not cancel across-the-board spending cuts — known as sequestration — that are scheduled to total $110 billion in 2013 and more than $1 trillion over 10 years.

Republicans would resume the fight for broad spending cuts, especially to entitlement programs like Medicare, in late January or February, when the government will face raising its borrowing limit and when, many Republicans believe, they will have much more leverage than they do now.

The White House came out strongly against the speaker’s plan. The White House press secretary, Jay Carney, said that it could not pass the Senate and “therefore will not protect middle-class families” from large tax increases schedule to begin on Jan. 1.

Jennifer Steinhauer and Thom Shanker contributed reporting.

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