Afghan killings case testing military system

JOINT BASE LEWIS-McCHORD, Wash. (AP) — The U.S. military has been criticized for its spotty record on convicting troops of killing civilians, but a hearing against Army Staff Sgt. Robert Bales involving a massacre in Afghanistan has shown that it isn't like most cases.

Government prosecutors have built a strong eyewitness case against the veteran soldier, with troops recounting how they saw Bales return to the base covered in blood. And in unusual testimony in a military court, Afghan civilians questioned via a video link described the horror of seeing 16 people killed, mostly children, in their villages.

Law experts say the case could test whether the military, aided by technology, is able to embark on a new era of accountability.

Bales faces 16 counts of premeditated murder and six counts of attempted murder. The preliminary hearing, which began Nov. 5 and is scheduled to end with closing arguments Tuesday, will determine whether he faces a court-martial. He could face the death penalty if convicted.

The U.S. military system's record has shown it is slow to convict service members of alleged war crimes.

A range of factors make prosecuting troops for civilian deaths in foreign lands difficult, including gathering eyewitness testimony and collecting evidence at a crime scene in the midst of a war.

At Bales' preliminary hearing, the prosecution accommodated the Afghan witnesses, including children, by providing the video link and holding the sessions at night. The military said it intends to fly the witnesses from Afghanistan to Joint Base Lewis-McChord if there is a court martial.

"I think it shows they're going to prosecute this case no matter what it takes," said Greg Rinckey, a former Army lawyer from 1999-2004 who is now in private practice. "This was an atrocity. This is not the fog of war. It's not like we were calling in artillery and an artillery shell landed in a village."

Prosecutors say Bales, 39, slipped away from remote Camp Belambay to attack two villages early on March 11, killing 16 civilians, including nine children. The slayings drew such angry protests that the U.S. temporarily halted combat operations in Afghanistan, and it was three weeks before American investigators could reach the crime scenes.

Through a video monitor in a military courtroom near Seattle, Bales saw young Afghan girls smile beneath bright head coverings before they described the bloodbath he's accused of committing. He saw boys fidget as they remembered how they hid behind curtains when a gunman killed people in their village and one other.

And he saw dignified, thick-bearded men who spoke of unspeakable carnage — the piled, burned bodies of children and parents alike.

From the other side of that video link, in Afghanistan, one of the men saw something else — signs that justice will be done.

"I saw the person who killed my brother sitting there, head down with guilt," Haji Mullah Baraan said Monday in an interview with The Associated Press. "He didn't look up toward the camera."

Baraan was one of many Afghan witnesses who testified in Bales' case by live video link over the weekend.

"We got great hope from this and we are sure that we will get justice," Baraan said.

Throughout history, troops have been accused of heinous crimes involving civilians in countries where wars are waged. But rarely have villagers who witnessed the horror testified in a U.S. military court — often because of the costs and logistics of bringing them to the United States.

Villagers may be leery to leave their homeland to go to a foreign country and confront members of one of the mightiest militaries in the world. And as foreign nationals, they cannot be subpoenaed.

While there have been cases of troops being sentenced to life in prison for committing atrocities, the vast majority of those convicted for extrajudicial killings have been let off with little to no jail time for crimes that in civilian courts could carry hefty sentences, legal experts say.

Former U.N. Special Rapporteur Philip Alston — who was invited by the United States to examine extrajudicial killings in Iraq and Afghanistan — pointed out the January 2006 sentencing of Chief Warrant Officer Lewis E. Welshofer Jr.

He was given two months confinement to his base, a fine of $6,000, and a letter of reprimand after being found guilty of negligent homicide and negligent dereliction of duty for the death of an Iraqi general who had turned himself in to military authorities.

"Military records released in Freedom of Information Act litigation make clear that the Welshofer sentence is not an anomaly," Alston wrote in a 2010 report.

The military hasn't executed a service member since 1961, when an Army ammunition handler was hanged for raping an 11-year-old girl in Austria.

Defense Secretary Leon Panetta has said the death penalty is possible if Bales is found guilty.

Afghan witnesses recounted the villagers who lived in the attacked compounds and listed the names of those killed. The bodies were buried quickly under Islamic custom, and no forensic evidence was available to prove the number of victims.

The witnesses included Zardana, 8, who sipped from a pink juice box before she testified. She suffered a gunshot wound to the top of her head, but after two months at a military hospital in Afghanistan and three more at a Navy hospital in San Diego, she can walk and talk again.

None of the Afghan witnesses were able to identify Bales as the shooter, but other evidence, including tests of the blood on his clothes, implicated him, according to testimony from a DNA expert.

Several soldiers testified that Bales returned to the base alone just before dawn the morning of the attacks, covered in blood, and that he made incriminating statements such as, "I thought I was doing the right thing."

Prosecutors say he also made a mid-massacre confession, returning to the base to wake another soldier and report his activities before heading out to the other village. The soldier testified that he didn't believe Bales and went back to sleep.

Bales, an Ohio native and father of two from Lake Tapps, Wash., has not entered a plea and was not expected to testify at the preliminary hearing. His attorneys say he has post-traumatic stress disorder and suffered a concussive head injury while serving in Iraq.

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Watson contributed from San Diego. Associated Press Writer Mirwais Khan in Kandahar also contributed to this report.

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Johnson can be reached at https://twitter.com/GeneAPseattle

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Lockheed says cyber attacks up sharply, suppliers targeted

WASHINGTON (Reuters) – The Pentagon‘s No. 1 supplier, Lockheed Martin Corp, on Monday cited dramatic growth in the number and sophistication of international cyber attacks on its networks and said it was contacting suppliers to help them shore up their security.

Chandra McMahon, Lockheed vice president and chief information security officer, said about 20 percent of the threats directed at Lockheed networks were considered “advanced persistent threats,” prolonged and targeted attacks by a nation state or other group trying to steal data or harm operations.

“The number of campaigns has increased dramatically over the last several years,” McMahon told a news conference. “The pace has picked up.”

She said the tactics and techniques were becoming increasingly sophisticated, and attackers were clearly targeting Lockheed suppliers to gain access to information since the company had fortified its own networks.

U.S. officials have stepped up their warnings about cyber attacks on U.S. banks and other institutions in recent months, warning that attackers are developing the ability to strike U.S. power grids and government systems.

Lockheed officials declined to say if any of the attacks they had seen originated in Iran, which has been linked to recent denial-of-service attacks against U.S. financial institutions.

Rohan Amin, Lockheed program director for the Pentagon’s Cyber Crime Center (DC3), said internal analysis showed that the number of campaigns had clearly grown, and multiple campaigns were often linked.

Lockheed recently wrested a $ 450 million contract to run the military cyber center away from long-time holder General Dynamics Corp.

“HUGE PROBLEM”

As the top information technology provider to the U.S. government, Lockheed has long worked to secure data on computer networks run by a range of civilian and military agencies. The company is also trying to expand sales of cybersecurity technology and services to commercial firms, including its suppliers, and foreign governments, Lockheed executives said.

“Suppliers are still a huge problem,” said Charlie Croom, Lockheed’s vice president of cybersecurity solutions, noting the large number of companies that provide products and components for Lockheed, which has annual sales of just under $ 47 billion.

Croom, the former head of the Pentagon’s Defense Information Systems Agency, said cybersecurity was a crucial area for Lockheed, but said it was difficult to pinpoint exactly how much business it generates because network security is part of nearly everything the company sells and does for the government.

He estimated that 5 to 8 percent of Lockheed’s revenues in the information systems sector were related to cybersecurity. Lockheed generated $ 9.4 billion sales in that division in 2011.

McMahon said Lockheed had seen “very successful” attacks against a number of the company’s suppliers, and was focusing heavily on helping those companies improve their security.

She said a well-publicized cyber attack on Lockheed’s networks in May 2011 came after the computer systems of two of its suppliers — RSA, the security division of EMC Corp and another unidentified company — were compromised.

“The adversary was able to get information from RSA and then they were also able to steal information from another supplier of ours, and they were able to put those two pieces of information together and launch an attack on us,” McMahon said.

She said Lockheed had been tracking the adversary for years before that attack, and was able to prevent any loss of data by using its in-house detection and monitoring capabilities.

One of the lessons the company learned was the importance of sharing data with other companies in the defense sector, and suppliers, to avert similar attacks, McMahon said.

“It’s just one example of how the adversary has been very significant and tenacious and has really been targeting the defense industrial base,” she said.

Social media, websites and malware introduced by emails remain major areas of concern, Lockheed executives said.

(Reporting By Andrea Shalal-Esa; Editing by Paul Tait)

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'Skyfall' brings record Bond debut of $88.4M

LOS ANGELES (AP) — James Bond is cashing in at the box office.

"Skyfall," the 23rd film featuring the British super-spy, pulled in a franchise-record $88.4 million in its U.S. debut, bringing its worldwide total to more than $500 million since it began rolling out overseas in late October.

The top 20 movies at U.S. and Canadian theaters Friday through Sunday, followed by distribution studio, gross, number of theater locations, average receipts per location, total gross and number of weeks in release, as compiled Monday by Hollywood.com are:

1. "Skyfall," Sony, $88,364,714, 3,505 locations, $25,211 average, $90,564,714, one week.

2. "Wreck-It Ralph," Disney, $33,012,796, 3,752 locations, $8,799 average, $93,647,405, two weeks.

3. "Flight," Paramount, $14,785,097, 2,047 locations, $7,223 average, $47,455,396, two weeks.

4. "Argo," Warner Bros., $6,617,229, 2,763 locations, $2,395 average, $85,583,187, five weeks.

5. "Taken 2," Fox, $4,012,829, 2,487 locations, $1,614 average, $131,300,000, six weeks.

6. "Cloud Atlas," Warner Bros., $2,658,250, 2,023 locations, $1,314 average, $22,844,956, three weeks.

7. "The Man With the Iron Fists," Universal, $2,592,705, 1,872 locations, $1,385 average, $12,821,030, two weeks.

8. "Pitch Perfect," Universal, $2,573,350, 1,391 locations, $1,850 average, $59,099,993, seven weeks.

9. "Here Comes the Boom," Sony, $2,522,790, 2,044 locations, $1,234 average, $39,033,885, five weeks.

10. "Hotel Transylvania," Sony, $2,400,226, 2,566 locations, $935 average, $140,954,208, seven weeks.

11. "Paranormal Activity 4," Paramount, $1,980,033, 2,348 locations, $843 average, $52,600,612, four weeks.

12. "Sinister," Summit, $1,524,448, 1,554 locations, $981 average, $46,578,686, five weeks.

13. "Silent Hill: Revelation," Open Road Films, $1,300,137, 1,902 locations, $684 average, $16,383,406, three weeks.

14. "The Perks of Being a Wallflower," Summit, $1,132,924, 607 locations, $1,866 average, $14,614,770, eight weeks.

15. "Lincoln," Disney, $944,308, 11 locations, $85,846 average, $944,308, one week.

16. "Alex Cross," Summit, $911,973, 1,090 locations, $837 average, $24,603,042, four weeks.

17. "Fun Size," Paramount, $757,223, 1,301 locations, $582 average, $8,800,336, three weeks.

18. "Looper," Sony, $582,150, 491 locations, $1,186 average, $64,669,383, seven weeks.

19. "The Sessions," Fox, $545,550, 128 locations, $4,262 average, $1,655,222, four weeks.

20. "Seven Psychopaths," CBS Films, $404,812, 356 locations, $1,137 average, $14,098,469, five weeks.

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Universal and Focus are owned by NBC Universal, a unit of Comcast Corp.; Sony, Columbia, Sony Screen Gems and Sony Pictures Classics are units of Sony Corp.; Paramount is owned by Viacom Inc.; Disney, Pixar and Marvel are owned by The Walt Disney Co.; Miramax is owned by Filmyard Holdings LLC; 20th Century Fox and Fox Searchlight are owned by News Corp.; Warner Bros. and New Line are units of Time Warner Inc.; MGM is owned by a group of former creditors including Highland Capital, Anchorage Advisors and Carl Icahn; Lionsgate is owned by Lions Gate Entertainment Corp.; IFC is owned by AMC Networks Inc.; Rogue is owned by Relativity Media LLC.

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British medical journal slams Roche on Tamiflu

LONDON (AP) — A leading British medical journal is asking the drug maker Roche to release all its data on Tamiflu, claiming there is no evidence the drug can actually stop the flu.

The drug has been stockpiled by dozens of governments worldwide in case of a global flu outbreak and was widely used during the 2009 swine flu pandemic.

On Monday, one of the researchers linked to the BMJ journal called for European governments to sue Roche.

"I suggest we boycott Roche's products until they publish missing Tamiflu data," wrote Peter Gotzsche, leader of the Nordic Cochrane Centre in Copenhagen. He said governments should take legal action against Roche to get the money back that was "needlessly" spent on stockpiling Tamiflu.

Last year, Tamiflu was included in a list of "essential medicines" by the World Health Organization, a list that often prompts governments or donor agencies to buy the drug.

Tamiflu is used to treat both seasonal flu and new flu viruses like bird flu or swine flu. WHO spokesman Gregory Hartl said the agency had enough proof to warrant its use for unusual influenza viruses, like bird flu.

"We do have substantive evidence it can stop or hinder progression to severe disease like pneumonia," he said.

In the U.S., the Centers for Disease Control and Prevention recommends Tamiflu as one of two medications for treating regular flu. The other is GlaxoSmithKline's Relenza. The CDC says such antivirals can shorten the duration of symptoms and reduce the risk of complications and hospitalization.

In 2009, the BMJ and researchers at the Nordic Cochrane Centre asked Roche to make all its Tamiflu data available. At the time, Cochrane Centre scientists were commissioned by Britain to evaluate flu drugs. They found no proof that Tamiflu reduced the number of complications in people with influenza.

"Despite a public promise to release (internal company reports) for each (Tamiflu) trial...Roche has stonewalled," BMJ editor Fiona Godlee wrote in an editorial last month.

In a statement, Roche said it had complied with all legal requirements on publishing data and provided Gotzsche and his colleagues with 3,200 pages of information to answer their questions.

"Roche has made full clinical study data ... available to national health authorities according to their various requirements, so they can conduct their own analyses," the company said.

Roche says it doesn't usually release patient-level data available due to legal or confidentiality constraints. It said it did not provide the requested data to the scientists because they refused to sign a confidentiality agreement.

Roche is also being investigated by the European Medicines Agency for not properly reporting side effects, including possible deaths, for 19 drugs including Tamiflu that were used in about 80,000 patients in the U.S.

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www.bmj.com.tamiflu/

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Top U.S. commander in Afghanistan under investigation as scandal widens

ABOARD A U.S. MILITARY AIRCRAFT (Reuters) - The top U.S. commander in Afghanistan, General John Allen, is under investigation for allegedly inappropriate communication with a woman at the center of the scandal involving former CIA Director David Petraeus, a senior U.S. defense official said on Tuesday, speaking on condition of anonymity.

The shocking revelation threatens to fell another one of the U.S. military's biggest names and suggests that the scandal involving Petraeus - a former four-star general who had Allen's job in Afghanistan before moving to the CIA last year - could expand much further than previously imagined.

The U.S. official said the FBI uncovered between 20,000 and 30,000 pages of communications - mostly emails and spanning from 2010 to 2012 - between Allen and Jill Kelley, who has been identified as a long-time friend of the Petraeus family and a Tampa, Florida, volunteer social liaison with military families at MacDill Air Force Base.

It was Kelley's complaints about harassing emails from the woman with whom Petraeus had had an affair, Paula Broadwell, that prompted an FBI investigation, ultimately alerting authorities to Petraeus' involvement with Broadwell. Petraeus resigned from his job on Friday.

Asked whether there was concern about the disclosure of classified information, the official said: "We are concerned about inappropriate communications. We are not going to speculate as to what is contained in these documents."

Defense Secretary Leon Panetta said in a statement given to reporters flying with him to Australia that he asked that Allen's nomination to be Commander of U.S. European Command and Supreme Allied Commander Europe be delayed "and the president has agreed."

Allen, who is now in Washington, was due to face a Senate confirmation hearing on Thursday, as was his slated successor in Afghanistan, General Joseph Dunford.

The FBI referred the case to the Pentagon on Sunday and Panetta directed the Defense Department's Inspector General to handle the investigation. Panetta informed the top Republican and Democrat on the Senate Armed Services Committee during the flight to Australia. The House Armed Services Committee was also notified.

The U.S. defense official said that Allen denied any wrongdoing and that Panetta had opted to keep him in his job while the matter was under review, and until Dunford can be confirmed to replace him - a process that gains urgency given the potentially lengthy review process and the cloud it could cast over the mission in Afghanistan.

"While the matter is under investigation and before the facts are determined, General Allen will remain commander of ISAF," Panetta said, referring to the NATO—led force in Afghanistan.

Only hours earlier, Panetta had said he was reviewing Allen's recommendations on the future U.S. presence in Afghanistan after most troops withdraw by the end of 2014.

Commending Allen's leadership in Afghanistan, Panetta said in his statement: "He is entitled to due process in this matter."

At the same time, he noted that wanted the Senate to act "promptly" on Dunford's nomination.

The U.S. official said Panetta was informed of the matter involving Allen on Sunday, as he flew to Hawaii, after the Pentagon's top lawyer called Panetta's chief of staff. The White House was informed next.

(Reporting by Phil Stewart; Editing by Mohammad Zargham)

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Highlights of testimony about Afghan massacre

JOINT BASE LEWIS-McCHORD, Wash. (AP) — For the past week, an investigating officer at Joint Base Lewis-McChord has heard testimony during a preliminary hearing for Staff Sgt. Robert Bales, who is accused of killing 16 civilians and wounding six others during a nighttime rampage at two villages early March 11. Among the highlights:

MONDAY:

—Lead prosecutor Lt. Col. Jay Morse details Bales' actions the night of the massacre: He watched a movie about a former CIA agent on a revenge killing spree, with two fellow soldiers, while drinking contraband whiskey from a plastic water bottle. He says Bales first attacked one village, Alkozai; returned to the base at Camp Belambay, woke another soldier and reported his actions; then headed out again to attack a second village, Najiban. Bales returned to the base covered in blood, Morse says, and his incriminating statements indicate he was "deliberate and methodical." Morse airs a night-vision video taken by a surveillance blimp, showing a caped, silhouetted figure stalking through the fields near the base, ultimately surrendering when confronted by three other soldiers.

—Defense lawyers decline to give an opening statement.

—Cpl. Dave Godwin, described as one of Bales' closest friends at Camp Belambay, recounts watching the movie with Bales and Sgt. Jason McLaughlin. Bales spoke of his anxiety over possibility of an upcoming promotion, and they talked of an attack a week earlier that claimed a colleague's leg. Godwin says he was one of the soldiers who confronted Bales as he returned.

—Sgt. 1st Class Clayton Blackshear says he was drowsing late on March 10 when Bales came into his room and sat down. Bales said he was upset that the soldiers hadn't retaliated for the attack a week earlier, Blackshear testifies. Bales said he wants Blackshear's job in Special Forces, and he complained about his wife. Later, Blackshear is woken up by a report that Bales is missing from the base. When Bales returned, "I had never seen anyone with that much blood on him," Blackshear says.

—McLaughlin testifies that he was asleep when Bales came in and turned on the light, and Bales said he'd just been to Alkozai and "shot up some people." McLaughlin says that when he expressed disbelief, Bales told him to smell his gun; McLaughlin couldn't tell whether it had been fired. Later, McLaughlin was on duty when two Afghan National Army guards reported there had been gunshots, and that an American soldier had been seeing coming and going from the base. When Bales returned, McLaughlin testifies, he was one of the soldiers to confront him and tell him to surrender his weapons: "The first words out of his mouth were, 'Are you (expletive) kidding me?'"

TUESDAY:

—Two soldiers assigned to guard Bales after he was taken into custody testify that he smashed his laptop computer after being allowed to gather his things.

—Sgt. 1st Class James Stillwell, a medic who reported seeing Bales after he returned to Belambay, remembered asking Bales where he had been. Bales' response, he said, was: "If I tell you, you guys will have to testify against me."

—Two American guards at the base recalled hearing gunshots in the distance. They shot flares, but could not see what was happening.

WEDNESDAY:

—Called by the defense, 1st Sgt. Vernon Bigham, who also served with Bales in Iraq, describes him as "very capable."

—Army Criminal Investigations Command special agent Matthew Hoffman testifies that he flew to Belambay at midday after the massacre, having been delayed by bad weather. Hundreds of villagers were protesting, and "every time an American soldier showed himself they became enraged." Afghan investigators went to the crime scenes to collect evidence and take photos, but it was three weeks before the Americans could reach the villages, less than a mile away. Bloodstains remained on the compound floors. Bales tested positive for steroids three days after the killings, he says.

—Maj. Travis Hawks, a doctor at the nearby base at Zengabad, recounts treating five injured villagers that morning.

THURSDAY:

—Christine Trapolsi, a DNA examiner at the U.S. Army Criminal Investigations Laboratory, testifies that the DNA profiles of four people were discovered on samples of the blood stains on Bales' clothing and guns the morning he surrendered. Additional testing of Bales clothing might turn up more profiles, she says. Swabs of blood stains taken from the compounds turned up several other profiles. One female victim's blood appeared both on Bales' clothing and in a sample taken from one of the attacked compounds.

FRIDAY:

—The first Afghan witnesses testify by live video link from Kandahar. The session is held overnight at Lewis-McChord to accommodate the time difference.

—An Afghan National Army guard on duty that night reports seeing one American returning to Belambay at 1:30 a.m. The American ignored commands to stop and continued into the base. Another Afghan guard who relieved the first one testifies that a lone U.S. soldier left the base at 2:30 a.m., laughing as he passed.

—One Afghan man, Khamal, testifies that he went to his cousin's compound at Najiban the next morning. He found his cousin's mother dead in the doorway and the bodies of other relatives, including six of his cousin's seven children, piled inside and burned.

—Other witnesses and victims describe the shootings at Alkozai. Haji Naim says he woke to find a soldier climbing over his compound wall. Naim asked what the man was doing; the man shot him in the neck and torso.

—One of Naim's sons, Sadiquallah, who is about 13, testifies that he and his friend Rafiullah were shot and wounded as they cowered behind a curtain. Sadiquallah's older brother, Quadratullah, recalls scrambling with other children and yelling, "We are children! We are children!"

SATURDAY

—Sadiquallah's sister, Zardana, age 8, sits down before her testimony and smiles at the interpreter as she sips from a pink juice box. She was shot in the head and spent five months recovering at a military hospital in Kandahar as well as at a U.S. naval hospital in San Diego, but now can walk and talk again. Called by the defense, she is asked few questions, and recalls that the shooter had a dark T-shirt.

—Zardana's friend Robina, age 7, takes the witness stand wearing a deep-red head covering and a nervous smile. She recounts hiding behind her father as he was shot to death. She was wounded in the leg. Like other witnesses, she saw only one shooter.

—Criminal Investigation Command special agent Leona Mansapit testifies that months after the killings, she was able to interview the wife of one of the victims. The woman clearly recounted having seen two U.S. soldiers in her room, and said one took her husband from the room and shot him as the other held her back, Mansapit recalls. Later, however, the woman's brother-in-law, Mullah Baraan, who was not present at the shootings, testifies that the woman says there was only one shooter. The woman herself has not testified.

SUNDAY

—The only witness to testify is an Afghan police official called by the defense. Citing the distance between the villages, among other things, he speculates that a single shooter could not have carried out the killings. However, he offers no evidence to support his opinion.

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10 things you need to know today: November 11, 2012

Emails from Petraeus‘ mistress triggered investigation, the BBC’s chief resigns, and more in our roundup of the stories that are making news and driving opinion

1. BIOGRAPHER’S EMAILS LED FBI TO PETRAEUS AFFAIR
Paula Broadwell, the woman with whom CIA Director David Petraeus had an extramarital affair, leading to his sudden resignation on Friday, had allegedly sent harassing emails to a woman in Florida, leading the FBI to investigate the claim — and eventually uncovering the affair. Broadwell, who was Petraeus‘ official biographer, reportedly sent emails to the Florida woman inquiring about the nature of her relationship with Petraeus, prompting the unidentified woman to lodge a complaint with the FBI. The FBI began its investigation in the spring, and interviewed Petraeus in the past two weeks. During the interview, Petraeus admitted to the affair with Broadwell, who is also married. [Wall Street Journal]
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2. BBC CHIEF RESIGNS OVER GROWING SCANDAL
BBC’s director general George Entwistle resigned his post Saturday night amid growing criticism as the broadcaster deals with an alleged sex abuse scandal that implicated longtime BBC host Jimmy Savile. Savile, who died last year, was suspected of sexually abusing hundreds of young people over the decades, sometimes on BBC premises. Entwistle had most recently come under fire for allowing a false report on the BBC program Newsnight to air on Nov. 2. During the broadcast, a former Conservative Party politician was wrongly implicated in a pedophile scandal involving a children’s home in Wales. Entwistle said the report reflected “unacceptable journalistic standards” and never should have been broadcast. [New York Times]
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SEE ALSO: 10 things you need to know today: November 2, 2012

3. ISRAEL FIRES WARNING SHOT AT SYRIA
Israel fired a warning shot into Syria on Sunday after a stray mortar from Syria hit a military post in the Golan Heights. No injuries or damage were reported in Israel. Israel captured the Golan from Syria in the 1967 Mideast war and subsequently annexed it. The incident was the first time Israel has been drawn into the fighting in the neighboring country. Meanwhile, the Syrian opposition, holding critical meetings in Qatar agreed Saturday to a new coalition to oppose President Bashar al-Assad. One Islamist opposition delegate said a new leader and deputy would be chosen on Sunday evening. [Associated Press, BBC]
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4. REP. ALLEN WEST WON’T CONCEDE
Rep. Allen West (R-Fla.) was defeated by Democratic opponent Patrick Murphy, according to Florida’s vote count on Saturday, but the incumbent refuses to concede. The state issued complete but unofficial results showing Murphy with a lead of 2,442 votes, or 50.4 percent. That’s beyond the half-percent margin needed to trigger an automatic recount. West’s campaign alleges that in St. Lucie County, the only one of the three counties in the district that Murphy won, votes may have been counted twice and have asked to review sign-in books from the polls. West’s only path forward is through the courts. Under state law, he still could contest the election if misconduct or fraud might have changed its result. [Politico]
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SEE ALSO: The woman who named her newborn twins Barack and Mitt

5. IRAQ CANCELS ARMS DEAL WITH RUSSIA
Iraq’s Prime Minister Nouri al-Maliki, has canceled a recently signed $ 4.2 billion arms deal with Russia after suspicions of corruption surfaced. The prime minister’s adviser Ali al-Moussawi did not give any details or context. “We informed Russia about our decision, but we hope to sign a new weapons deal between Iraq and Russia,” al-Moussawi said. [CNN]
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6. BOEHNER TELLS HOUSE GOP TO FALL IN LINE
After the Republican Party’s electoral battering last week, House Speaker John Boehner insisted to House Republicans in a conference call that while they “would continue to staunchly oppose tax rate increases as Congress grapples with the impending fiscal battle, they had to avoid the nasty showdowns that marked so much of the last two years,” writes The New York Times. Many members offered subdued words of support, in contrast to a similar call last year when Boehner tried to persuade members to compromise with Democrats on a deal to extend temporary payroll tax cuts, “only to have them loudly revolt.” Both Boehner and President Obama seem to be keeping open the avenue of negotiation to address the looming fiscal cliff set to hit Jan. 1. [New York Times]
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SEE ALSO: The highest skyscraper climb with a bionic leg

7. APPLE AND HTC SETTLE PATENT DISPUTES
Apple and Taiwanese phonemaker HTC have settled all their outstanding disputes over patents, ending a fight that began in March 2010. The two companies signed a 10-year license agreement that will extend to current and future patents held by one another. HTC’s have been in decline since the second half of 2011, despite having become a major global phone company by aligning itself with Google’s Android platform. [BBC]
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8. STRONG EARTHQUAKE HITS MYANMAR
After a 6.-magnitude earthquake hit northern Myanmar on Sunday, at least 12 people were feared dead. The U.S. Geological Survey said the quake hit near the city of Mandalay, at a depth of just 6.2 miles. The shallow quake was felt in Bangkok, the capital of neighboring Thailand, and several aftershocks followed. [Voice of America]
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SEE ALSO: 10 things you need to know today: November 3, 2012

9. CHINA TO LAUNCH NEXT MANNED CRAFT IN JUNE
A spokesperson for the Chinese space program announced Saturday that China’s next space mission will launch in June 2013. The operation is the second manned mission for the country, which completed its first manned mission — Shenzhou-9 — in June of this year. “They will stay in space for 15 days, operating both automated and manual space dockings with the target orbiter Tiangong-1, conducting scientific experiments in the lab module and giving science lectures to spectators on the Earth,” Niu Hongguang of the Chinese space program said. [Forbes]
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10. JUSTIN BIEBER AND SELENA GOMEZ SPLIT
Singer Justin Bieber, 18, and girlfriend, singer-actor Selena Gomez, 20, have gone their separate ways, a source confirms to the Associated Press. The split happened last week, and the two young stars cite distance and their busy schedules as contributing factors. The two had been dating for a year. [Associated Press] 

SEE ALSO: 10 things you need to know today: October 31, 2012

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Hathaway says 'Les Mis' made her feel deprived

NEW YORK (AP) — Anne Hathaway credits her new husband Adam Schulman for helping her get through the grueling filming of the screen adaptation of "Les Miserables."

In "Les Mis," the 30-year-old actress plays Fantine, a struggling, sickly mother forced into prostitution in 1800s Paris.

Hathaway lost 25 pounds and cut her hair for the role. She tells the December issue of Vogue, the part left her in a "state of deprivation, physical and emotional." She felt easily overwhelmed and says Shulman was understanding and supportive.

The couple wed in September in Big Sur, Calif. Hathaway wore a custom gown by Valentino whom she collaborated with on the design. Working with the designer is a memory she says she will "treasure forever."

The December issue of Vogue hits stores Nov. 20.

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Online:

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Food labels multiply, some confuse consumers

FRESNO, Calif. (AP) — Want to avoid pesticides and antibiotics in your produce, meat, and dairy foods? Prefer to pay more to make sure farm animals were treated humanely, farmworkers got their lunch breaks, bees or birds were protected by the farmer and that ranchers didn't kill predators?

Food labels claim to certify a wide array of sustainable practices. Hundreds of so-called eco-labels have cropped up in recent years, with more introduced every month — and consumers are willing to pay extra for products that feature them.

While eco-labels can play a vital role, experts say their rapid proliferation and lack of oversight or clear standards have confused both consumers and producers.

"Hundreds of eco labels exist on all kinds of products, and there is the potential for companies and producers to make false claims," said Shana Starobin, a food label expert at Duke University's Nicholas School of the Environment.

Eco-labels have multiplied in recent years in response to rising consumer demand for more information about products and increased attention to animal and farmworker welfare, personal health, and the effects of conventional farming on the environment.

"Credible labels can be very helpful in helping people get to what they want to get to and pay more for something they really care about," said Urvashi Rangan, director of consumer safety at Consumer Reports. "The labels are a way to bring the bottom up and force whole industries to improve their practices."

The problem, Rangan and other said, is that few standards, little oversight and a lot of misinformation exist for the growing array of labels.

Some labels, such as the USDA organic certification, have standards set by the federal government to which third party certifiers must adhere. Some involve non-government standards and third-party certification, and may include site visits from independent auditors who evaluate whether a given farm or company has earned the label.

But other labels have little or no standards, or are certified by unknown organizations or by self-interested industry groups. Many labels lack any oversight.

And the problem is global, because California's products get sold overseas and fruits and vegetables from Europe or Mexico with their own eco-labels make it onto U.S. plates.

The sheer number of labels and the lack of oversight create a credibility problem and risk rendering all labels meaningless and diluting demand for sustainably produced goods, Rangan said.

Daniel Mourad of Fresno, a young professional who likes to cook and often shops for groceries at Whole Foods, said he tends to be wary of judging products just by the labels — though sustainable practices are important to him.

"Labels have really confused the public. Some have good intentions, but I don't know if they're really helpful," Mourad said. "Organic may come from Chile, but what does it mean if it's coming from 6,000 miles away? Some local farmers may not be able to afford a label."

In California, voters this week rejected a ballot measure that would have required labels on foods containing genetically modified ingredients.

Farmers like Gena Nonini in Fresno County say labels distinguish them from the competition. Nonini's 100-acre Marian Farms, which grows grapes, almonds, citrus and vegetables, is certified biodynamic and organic, and her raisins are certified kosher.

"For me, the certification is one way of educating people," Nonini said. "It opens a venue to tell a story and to set yourself apart from other farmers out there."

But other farmers say they are reluctant to spend money on yet another certification process or to clutter their product with too much packaging and information.

"I think if we keep adding all these new labels, it tends to be a pile of confusion," said Tom Willey of TD Willey Farms in Madera, Calif. His 75-acre farm, which grows more than 40 different vegetable crops, carries USDA organic certification, but no other labels.

The proliferation of labels, Willey said, is a poor substitute for "people being intimate with the farmers who grow their food." Instead of seeking out more labels, he said, consumers should visit a farmers' market or a farm, and talk directly to the grower.

Since that's still impossible for many urbanites, Consumer Reports has developed a rating system, a database and a web site for evaluating environmental and food labels — one of several such guides that have popped up recently to help consumers.

The guides show that labels such as "natural" and "free range" carry little meaning, because they lack clear standards or a verification system.

Despite this, consumers are willing to pay more for "free range" eggs and poultry, and studies show they value "natural" over "organic," which is governed by lengthy federal regulations.

But some consumers and watchdog groups are becoming more vigilant.

In October, the Animal Legal Defense Fund filed a lawsuit against Petaluma, Calif., organic egg producer of Judy's Eggs over "free range" claims. The company's packaging depicts a hen ranging on green grass, and the inside reads "these hens are raised in wide open spaces in Sonoma Valley..."

Aerial photos of the farm suggest the chickens actually live in factory-style sheds, according to the lawsuit. Judy and Steve Mahrt, owners of Petaluma Farms, said in a statement that the suit is "frivolous, unfair and untrue," but they did not comment on the specific allegations.

Meanwhile, new labels are popping up rapidly. The Food Justice label, certified via third party audits, guarantees a farm's commitment to fair living wages and adequate living and working conditions for farmworkers. And Wildlife Friendly, another third-party audited program, certifies farmers and ranchers who peacefully co-exist with wolves, coyotes, foxes and other predators.

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Congress wants answers on Petraeus affair

WASHINGTON (AP) — Members of Congress said Sunday they want to know more details about the FBI investigation that revealed an extramarital affair between ex-CIA Director David Petraeus and his biographer, questioning when the retired general popped up in the FBI inquiry, whether national security was compromised and why they weren't told sooner.

"We received no advanced notice. It was like a lightning bolt," said Democratic Sen. Dianne Feinstein of California, who heads the Senate Intelligence Committee.

The FBI was investigating harassing emails sent by Petraeus biographer and girlfriend Paula Broadwell to a second woman. That probe of Broadwell's emails revealed the affair between Broadwell and Petraeus. The FBI contacted Petraeus and other intelligence officials, and Director of National Intelligence James Clapper asked Petraeus to resign.

A senior U.S. military official identified the second woman as Jill Kelley, 37, who lives in Tampa, Fla., and serves as an unpaid social liaison to MacDill Air Force Base in Tampa, where the military's Central Command and Special Operations Command are located.

Staffers for Petraeus said Kelley and her husband were regular guests at events he held at Central Command headquarters.

In a statement Sunday evening, Kelley and her husband, Scott, said: "We and our family have been friends with Gen. Petraeus and his family for over five years. We respect his and his family's privacy and want the same for us and our three children."

A U.S. official said the coalition countries represented at Central Command gave Kelley an appreciation certificate on which she was referred to as an "honorary ambassador" to the coalition, but she has no official status and is not employed by the U.S. government.

The official, speaking on condition of anonymity because he wasn't authorized to discuss the case publicly, said Kelley is known to drop the "honorary" part and refer to herself as an ambassador.

The military official, who spoke on condition of anonymity because he was not authorized to publicly discuss the investigation, said Kelley had received harassing emails from Broadwell, which led the FBI to examine her email account and eventually discover her relationship with Petraeus.

A former associate of Petraeus confirmed the target of the emails was Kelley, but said there was no affair between the two, speaking on condition of anonymity to discuss the retired general's private life. The associate, who has been in touch with Petraeus since his resignation, says Kelley and her husband were longtime friends of Petraeus and wife, Holly.

Attempts to reach Kelley were not immediately successful. Broadwell did not return phone calls or emails.

Petraeus resigned while lawmakers still had questions about the Sept. 11 attack on the U.S. Consulate and CIA base in Benghazi, Libya, that killed four Americans, including U.S. Ambassador Chris Stevens. Lawmakers said it's possible that Petraeus will still be asked to appear on Capitol Hill to testify about what he knew about the U.S. response to that incident.

Rep. Peter King, chairman of the House Homeland Security Committee, said the circumstances of the FBI probe smacked of a cover-up by the White House.

"It seems this (the investigation) has been going on for several months and, yet, now it appears that they're saying that the FBI didn't realize until Election Day that General Petraeus was involved. It just doesn't add up," said King, R-N.Y.

Petraeus, 60, quit Friday after acknowledging an extramarital relationship. He has been married 38 years to Holly Petraeus, with whom he has two adult children, including a son who led an infantry platoon in Afghanistan as an Army lieutenant.

Broadwell, a 40-year-old graduate of the U.S. Military Academy and an Army Reserve officer, is married with two young sons.

Petraeus' affair with Broadwell will be the subject of meetings Wednesday involving congressional intelligence committee leaders, FBI deputy director Sean Joyce and CIA deputy director Michael Morell.

Petraeus had been scheduled to appear before the committees on Thursday to testify on the attack in Benghazi. Republicans and some Democrats have questioned the U.S. response and protection of diplomats stationed overseas.

Morell was expected to testify in place of Petraeus, and lawmakers said he should have the answers to their questions. But Feinstein and others didn't rule out the possibility that Congress will compel Petraeus to testify about Benghazi at a later date, even though he's relinquished his job.

"I don't see how in the world you can find out what happened in Benghazi before, during and after the attack if General Petraeus doesn't testify," said Sen. Lindsey Graham, R-S.C.

Graham, who is a member of the Senate Armed Services Committee, wants to create a joint congressional committee to investigate the U.S. response to that attack.

Feinstein said she first learned of Petraeus' affair from the media late last week, and confirmed it in a phone call Friday with Petraeus. She eventually was briefed by the FBI and said so far there was no indication that national security was breached.

Still, Feinstein called the news "a heartbreak" for her personally and U.S. intelligence operations, and said she didn't understand why the FBI didn't give her a heads up as soon as Petraeus' name emerged in the investigation.

"We are very much able to keep things in a classified setting," she said. "At least if you know, you can begin to think and then to plan. And, of course, we have not had that opportunity."

Clapper was told by the Justice Department of the Petraeus investigation at about 5 p.m. on Election Day, and then called Petraeus and urged him to resign, according to a senior U.S. intelligence official who spoke on condition of anonymity because he was not authorized to discuss the investigation publicly.

FBI officials say the committees weren't informed until Friday, one official said, because the matter started as a criminal investigation into harassing emails sent by Broadwell to another woman.

Concerned that the emails he exchanged with Broadwell raised the possibility of a security breach, the FBI brought the matter up with Petraeus directly, according to the official, who spoke on condition of anonymity because he was not authorized to publicly discuss the investigation.

Petraeus decided to quit, though he was breaking no laws by having an affair, officials said.

Feinstein said she has not been told the precise relationship between Petraeus and the woman who reported the harassing emails to the FBI.

Georgia Sen. Saxby Chambliss, the top Republican on the Senate intelligence committee, called Petraeus "a great leader" who did right by stepping down and still deserves the nation's gratitude. He also didn't rule out calling Petraeus to testify on Benghazi at some point.

"He's trying to put his life back together right now and that's what he needs to focus on," Chambliss said.

King appeared on CNN's "State of the Union." Feinstein was on "Fox News Sunday," Graham spoke on CBS' "Face the Nation," and Chambliss was interviewed on ABC's "This Week."

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Associated Press writers Michele Salcedo, Pete Yost and Matthew Lee contributed to this report.

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