Woman charged with murder in NY subway shove

Last Updated 9:37 p.m. ET

NEW YORK A woman who told police she shoved a man to his death off a subway platform into the path of a train because she has hated Muslims since Sept. 11 and thought he was one was charged Saturday with murder as a hate crime, prosecutors said.

Erika Menendez was charged in the death of Sunando Sen, who was crushed by a 7 train in Queens on Thursday night, the second time this month a commuter has died in such a nightmarish fashion.

Menendez, 31, was awaiting arraignment on the charge Saturday evening, Queens District Attorney Richard A. Brown said. She could face 25 years to life in prison if convicted. She was in custody and couldn't be reached for comment, and it was unclear if she had an attorney.

Menendez, who was arrested after a tip by a passer-by who saw her on a street and thought she looked like the woman in a surveillance video released by police, admitted shoving Sen, who was pushed from behind, authorities said.


In this image provided by the New York City Police Department, a composite sketch showing the woman believed to have pushed a man to his death in front of a subway train on Thursday, Dec. 27, 2012 is shown.


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AP Photo/New York City Police Department

"I pushed a Muslim off the train tracks because I hate Hindus and Muslims ever since 2001 when they put down the twin towers I've been beating them up," Menendez told police, according to the district attorney's office.

Sen was from India, but police said it was unclear if he was Muslim, Hindu or of some other faith. The 46-year-old lived in Queens and ran a printing shop. He was shoved from an elevated platform on the 7 train line, which connects Manhattan and Queens. Witnesses said a muttering woman rose from her seat on a platform bench and pushed him on the tracks as a train entered the station and then ran off.

The two had never met before, authorities said, and witnesses told police they hadn't interacted on the platform.

Police released a sketch and security camera video showing a woman running from the station where Sen was killed.

Menendez was arrested by police earlier Saturday after a passer-by on a Brooklyn street spotted her and called 911. Police responded, confirmed her identity and took her into custody, where she made statements implicating herself in the crime, police spokesman Paul Browne said.

The district attorney said such hateful remarks about Muslims and Hindus could not be tolerated.

"The defendant is accused of committing what is every subway commuter's worst nightmare," he said.

On Dec. 3, another man was pushed to his death in a Times Square subway station. A photo of the man clinging to the edge of the platform a split second before he was struck by a train was published on the front page of the New York Post, causing an uproar about whether the photographer, who was catching a train, or anyone else should have tried to help him.

A homeless man was arrested and charged with murder in that case. He claimed he acted in self-defense and is awaiting trial.

It's unclear whether anyone tried -- or could have tried -- to help Sen on Thursday.

Mayor Michael Bloomberg on Friday urged residents to keep Sen's death in perspective as he touted new historic lows in the city's annual homicide and shooting totals.

"It's a very tragic case, but what we want to focus on today is the overall safety in New York," Bloomberg told reporters following a police academy graduation.

But commuters still expressed concern over subway safety and shock about the arrest of Menendez on a hate crime charge.

"For someone to do something like that ... that's not the way we are made," said David Green, who was waiting for a train in Manhattan. "She needs help."

Green said he caught himself leaning over the subway platform's edge and realized maybe he shouldn't do that.

"It does make you more conscious," he said of the deaths.

Such subway deaths are rare, but other high-profile cases include the 1999 fatal shoving of aspiring screenwriter Kendra Webdale by a former psychiatric patient. That case led to a state law allowing for more supervision of mentally ill people living outside institutions.

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Woman Charged With Murder in NYC Subway Push













A woman who allegedly told New York City police she pushed a man onto the subway tracks because she hated Hindus and Muslims has been charged with murder as a hate crime.


Erica Menendez, 31, allegedly told police that she "pushed a Muslim off the train tracks because I hate Hindus and Muslims ever since 2001 when they put down the twin towers I've been beating them up."


Menendez was taken into custody this morning after a two-day search, and when detectives were interviewing her she allegedly made the statements implicating herself in Thursday night's subway-platform death.


"The defendant is accused of committing what is every subway commuter's worst nightmare -- being suddenly and senselessly pushed into the path of an oncoming train," Queen District Attorney Richard A. Brown said. "The victim was allegedly shoved from behind and had no chance to defend himself. Beyond that, the hateful remarks allegedly made by the defendant and which precipitated the defendant's actions can never be tolerated by a civilized society."


Menendez was due to be arraigned this evening. She could face 25 years to life in prison if convicted of the second degree murder charge.


On Thursday night, a woman shoved a man from a subway platform at Queens Boulevard, and the man was crushed beneath an oncoming train. Police had searched the area for her after the incident.










New York City Subway Pusher Charged With Murder Watch Video







The victim was Sunando Sen, identified by several media outlets as a graphic designer and Indian immigrant who opened a print shop, Amsterdam Copy, on Manhattan's Upper West Side. Sen was struck by the No. 7 train after the unidentified woman allegedly pushed him from the northbound platform at 40th Street and Queens Boulevard at 8:04 p.m. on Thursday.


Witnesses told police they had seen the woman mubling to herself, pacing along the platform. She gave Sen little time to react, witnesses said.


"Witnesses said she was walking back and forth on the platform, talking to herself, before taking a seat alone on a wooden bench near the north end of the platform. When the train pulled into the station, the suspect rose from the bench and pushed the man, who was standing with his back to her, onto the tracks into the path of the train," NYPD Deputy Commissioner Paul J. Browne said earlier today. "The victim appeared not to notice her, according to witnesses."


READ: What to Do If You Fall on the Subway Tracks


Police released brief surveillance video of the woman fleeing the subway station, and described the suspect as a woman in her 20s, "heavy set, approximately 5'5" with brown or blond hair."


It was New York's second death of this kind in less than a month. On Dec. 3, 58-year-old Ki-Suck Han of Queens was shoved onto the tracks at New York's Times Square subway station. Two days later, police took 30-year-old Naeem Davis into custody.


On Friday, New York City Mayor Michael Bloomberg was asked whether the attack might be related to the increase of mentally ill people on the streets following closures of institutions over the past four decades.


"The courts or the law have changed and said, no, you can't do that unless they're a danger to society. Our laws protect you," Bloomberg said on his weekly radio show.



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2013: Energy issues on front burner




From left, John Krasinski, Gus Van Sant and Matt Damon promote what Sheril Kirshenbaum says will be a controversial film.




STORY HIGHLIGHTS


  • Public attitudes shifted on key energy issues in 2012

  • Sheril Kirshenbaum says controversy has grown over natural gas fracking boom

  • She says climate change, renewable energy are likely to be on agenda for 2013

  • Kirshenbaum: A turbulent year has increased public interest in energy issues




Editor's note: Sheril Kirshenbaum is an author and director of The University of Texas at Austin's Energy Poll.


(CNN) -- After a year of tumultuous weather and global change, it should not be surprising that 2012 proved to be a transformative period for public opinion on energy.


Changing attitudes on the most hotly debated topics matter a great deal because they set the course for future policy decisions. Taking a closer look at trends over the past 12 months hints at what to expect in several key areas of the U.S. energy landscape in 2013.



Sheril Kirshenbaum

Sheril Kirshenbaum



Natural gas boom -- and controversy


Hydraulic fracturing, also known as "fracking," has been around for more than half a century, but recently expanded rapidly because of advances in horizontal drilling deep underground.


Despite this proliferation of new wells, 59% of Americans say they are unfamiliar with the term, down from 63% in March, according to the latest findings from the University of Texas at Austin's Energy Poll.





CNN Opinion contributors weigh in on what to expect in 2013. What do you think the year holds in store? Let us know @CNNOpinion on Twitter and Facebook/CNNOpinion


Although the majority still does not seem to know much about fracking, a deluge of media attention to this controversial extraction technology has likely raised its profile significantly since last year.


However, increased awareness is not synonymous with public approval. Among those familiar with hydraulic fracturing, support decreased from 48% to 41% over six months. Similarly, a December poll by Bloomberg reported that 66% of Americans would like greater government oversight of the process, up from 56% in September.










When Matt Damon's new film "Promised Land" debuts in January, expect public recognition and heated debate over hydraulic fracturing to rise further.


Climate change gets real


When Gov. Mitt Romney quipped, "President Obama promised to begin to slow the rise of the oceans" at the 2012 Republican National Convention, his audience burst into laughter. During the debates that followed, neither party's nominee mentioned climate change once as a policy priority.


Weeks later, Superstorm Sandy ravaged the Northeastern United States, flooding many parts of New York City, New Jersey and other regions along the Atlantic Coast. Both candidates immediately canceled campaign events in the wake of the storm and Mayor Michael Bloomberg endorsed President Obama, citing his commitment to tackling climate change. After a summer of record-breaking drought followed by this single powerful hurricane in a major metropolitan area, attitudes shifted.


In March, 65% of Americans surveyed said they thought that climate change was occurring. By September, after the summer drought, that number reached 73%, with the greatest gains among Republicans and independent voters. Earlier this month, The Associated Press-GfK poll followed up, reporting that after Sandy, 78% of Americans now say global temperatures are rising.


Because weather can influence opinions on climate change, it's possible that a wet and stormy winter -- ironically, also exacerbated by climate change -- could push attitudes in the other direction. Regardless, in 2013 expect to hear less argument about whether the Earth is warming and a more serious policy discussion by elected officials across levels of government about how we might mitigate the effects of rising seas, changing ocean acidity, agricultural uncertainty and extreme weather events.


Renewables gain ground


Renewable energy technologies have been available for decades, but 2012 may have been the tipping point for their wider adoption. There has been a significant increase in the percentage of Americans who say they are likely to buy hybrid or electric vehicles or use "smart" electric meters within the next five years. Most notably, between September 2011 and September 2012, the percentage of Americans who say they are likely to install solar panels at home increased from 21% to 28%.


These trends may reflect changing attitudes on climate, media attention to energy during the election cycle, rising gas prices or cheaper, widely advertised new alternatives. Most likely, it's a combination of all these.


What's clear is that we are now on the cusp of a renewables revolution with greater options and cost-saving technologies than ever. They are finally becoming more affordable, reliable and practical, with solar power at the helm. Still, it's important to note that as we ring in 2013, China, not the United States, has taken the lead on renewables.


The big picture


Polls tell the story of how attitudes are shifting, but short of having a crystal ball, there is no way to unequivocally predict what major world events will influence our nation's energy future. For example, another nuclear disaster or offshore oil spill could play an enormous role in shaping the next generation of energy priorities.


What can we count on in 2013?


In the past year, the percentage of Americans saying they consider themselves knowledgeable on how energy is produced, delivered and used has increased from 24% to 33%. More are likely to seek added information about reducing their own energy use and a higher percentage rate energy issues as important to them.


Amid economic uncertainty, volatile prices and global unrest, Americans are paying closer attention to the energy decisions that affect us all.


Follow @CNNOpinion on Twitter


Join us at Facebook/CNNOpinion


The opinions expressed in this commentary are solely those of Sheril Kirshenbaum.






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China law says family members should visit elderly relatives






BEIJING: China has passed a new law stipulating that family members should pay regular visits to their elderly relatives, according to the government's official website.

The ruling, approved by China's National People's Congress on Friday, is part of a package of amendments to the Protection of the Rights and Interests of the Elderly legislation and will come into force on July 1, 2013.

"Family members who live separately from the elderly should visit them often," the law says, adding that "employers should guarantee the right to home leave in accordance with relevant regulations".

The law mentions no specific penalties for those who fail to visit frequently, nor elaborates on what "often" means.

But it does state that if the rights and interests of the elderly are violated, they or someone on their behalf can seek official help or file a lawsuit.

The wide-ranging law includes clauses covering intra-family conflicts regarding support obligations, housing and assets. It stipulates punishments for people who abuse the elderly, fail to support them and interfere in their freedom to marry.

The legal changes reflect the challenge China faces in dealing with an increasingly ageing society after three decades of limiting couples to a single child.

The country's modernisation, rapid economic growth and increasing urbanisation have also put pressure on traditional family life.

The official Xinhua news agency said Friday that the law was amended "amid government efforts to find comprehensive solutions to issues facing the elderly population, as the number of Chinese senior citizens has grown rapidly in recent years".

At the end of 2011, there were more than 184 million people above the age of 60, Xinhua said, citing official figures, accounting for 13.7 per cent of the population.

Legislator Yu Jianwei told reporters that China's elderly population is expected to exceed 200 million in 2013, according to Xinhua.

The United Nations estimates that that by 2050 some 30 per cent of Chinese will be 60 or over, versus 20 per cent worldwide and 10 per cent in China in 2000.

- AFP/ck



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Obama 'modestly optimistic' on fiscal cliff deal






STORY HIGHLIGHTS


  • NEW: Congressman says: "America should be embarrassed by its leadership"

  • NEW: Senate leader Reid prepares bill requested by President Obama for possible vote

  • Pressure is on top two Senate leaders to reach a compromise; next 24 hours crucial

  • Obama says he is "modestly optimistic" a deal can be reached




As the fiscal cliff looms, what's your New Year's message to Washington? Go to CNNiReport to share your video.


Washington (CNN) -- A political summit Friday at the White House left it to the Senate's top Democrat and Republican to work out a compromise to avoid the country going over the fiscal cliff, participants said.


Senate Majority Leader Harry Reid, D-Nevada, told reporters that the next 24 hours would be "very important" toward efforts to reach a deal to lessen the harshest impacts of the fiscal cliff, a combination of broad tax hikes and deep spending cuts due to take effect at the start of the new year.


"Whatever we come up with is going to be imperfect. Some people aren't going to like it, some people are going to like it less," Reid said on the Senate floor after the high-stakes meeting with President Barack Obama, other congressional leaders and top administration officials.


Reid's Republican counterpart, Sen. Mitch McConnell of Kentucky, expressed hope that he and Reid could agree on a plan to present to their respective caucuses "as early as Sunday."


Obama said he was "modestly optimistic" that the Senate leaders would be able to forge an agreement, even as he warned "nobody's going to get 100% of what they want."


Absent such a deal, Obama said his latest proposal should be put to a vote. He predicted it would pass the House and Senate with bipartisan support.


Economists warn that continued stalemate could trigger a recession as government spending is slashed, including for the military, and taxes go up on everyone, due to the expiration of lower rates dating to the administration of President George W. Bush.


Diminished hope for a substantial agreement in Washington depressed stock indexes on Wall Street this week despite other encouraging economic news. Consumer confidence has also softened.


Prior to Friday's late afternoon meeting, which lasted just over an hour, a source familiar with the matter said Obama would propose the framework for a scaled-back agreement that he described last week.


In his later remarks, Obama described his plan as holding down tax rates on middle-class Americans -- which he described as family income up to $250,000 -- while letting rates increase for top income brackets. It also would extend unemployment benefits and "lay the groundwork" for economic growth and deficit reduction.


At the very least, Reid said he was preparing legislation for a vote by Monday that would include elements favored by Obama.


"I look forward to hearing any good-faith proposals Senator McConnell has for altering this bill," Reid said in a statement that followed his floor remarks.


The White House meeting came with the Senate back in town for a rare end-of-year appearance before a new Congress convenes January 3. Boehner plans to bring the House back on Sunday.


Senators from both parties earlier expressed opinions on the negotiations that ranged from optimism to frustration.


"When the dust settles and everything is said and done, federal individual income taxes are not going to go up on almost all Americans next year," GOP Sen. Lamar Alexander of Tennessee said.


Democratic Sen. Chuck Schumer of New York told NBC's "Today" show he was "a little more optimistic today" about a deal being reached.


"Sometimes it's darkest before the dawn," Schumer said, noting the renewed engagement by McConnell and House Speaker John Boehner, the top congressional Republicans.


Republican Sen. Bob Corker of Tennessee downplayed Friday's meeting on CBS "This Morning" as a seeming political ploy "to make it look like we're doing something."


"This is a total dereliction of duty at every level," added Corker, who has urged Republicans to compromise on the central issue of letting tax rates increase on top income brackets.


"I've been very surprised that the president has not laid out a very specific plan to deal with this, but candidly Congress could have done the same. And I think the American people should be disgusted," he said.


On Thursday, McConnell vowed his side would not "write a blank check for anything Senate Democrats put forward just because we find ourselves at the edge of the cliff."


Reid, however, argued Republicans undermined a potentially major agreement over the past two years by refusing to compromise on their opposition to higher tax rates for the wealthy.








The principal dispute continues to be over taxes, specifically Democrats' demand to extend most of the tax cuts passed under Bush while allowing higher rates of the 1990s to return on top income brackets. During his re-election campaign, Obama said this would protect 98% of Americans and 97% of small businesses from tax hikes.


Republicans have opposed any kind of increase in tax rates, and Boehner suffered the political indignity last week of offering a compromise -- a $1 million threshold for the higher rates to kick in -- that his GOP colleagues refused to support because it raised taxes and had no chance of passing the Senate.


Democrats have rejected the GOP proposals, which would extend all Bush-era tax cuts and revise prescribed spending cuts, calling them insufficient and saying they would shift too much deficit reduction burden on the middle class.


One possibility is the fiscal cliff takes effect and taxes go up in January, then Congress steps in to bring tax rates back down for at least some people -- allowing them to say they're lowering taxes, even if rates for top income brackets are higher in 2013 than they were in 2012.


Obama and Democrats have leverage, based on the president's re-election last month and Democrats' gains in the House and Senate in the new Congress. In addition, polls consistently show majority support for Obama's position on taxes, and Democrats insist the House would pass the president's plan with Democrats joined by some Republicans if Boehner allowed a vote on it.


However, anti-tax crusader Grover Norquist has vowed to back primary challenges against Republicans who violate his widely signed pledge not to raise taxes. Even if a deal is reached, Norquist predicts more budget showdowns every time the government needs additional money to operate.


The two sides seemingly had made progress early last week on forging a $2 trillion deficit reduction deal that included new revenue sought by Obama and spending cuts and entitlement changes desired by Boehner.


Boehner appeared to move on increased tax revenue, including higher rates on top income brackets and eliminating deductions and loopholes. But his inability to rally all House Republicans behind his plan raised questions about his role and what comes next.


All this has fueled disdain for politicians by many Americans. Such contempt is deserved, said Rep. Steven LaTourette, an Ohio Republican, who is retiring from Congress.


"I think America should be embarrassed by its leadership in D.C.," he told CNN on Friday. "The fact that we have been unable to do things, and instead worried about our next elections. ... I think it's sinful."


What happens to the economy if we go over the cliff?


CNN's Dana Bash, Deirdre Walsh, Ted Barrett, Greg Botelho and Kevin Liptak contributed to this report.






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Police ID man pushed to death at NY subway station

Updated 10:27 PM ET

NEW YORK New York City police have identified a man they say was shoved to his death in front of a subway train by a woman.

Police said Friday that Sunando Sen was pushed from the platform the night before. The 46-year-old Sen was from India and lived alone in Queens.

Investigators identified him through a smartphone and a prescription pill bottle he was carrying when he was struck by a 7 train. His family in India has been notified.

Police are searching homeless shelters and psychiatric units for the woman believed to have pushed him. Witnesses say she was mumbling before she shoved him without warning.

As police sought on Friday to locate the unidentified woman, Mayor Michael Bloomberg urged residents to keep the second fatal subway shove in the city this month in perspective. The news of the horrific death of Sen came as the mayor touted drops in the city's annual homicide and shooting totals.

"It's a very tragic case, but what we want to focus on today is the overall safety in New York," Bloomberg told reporters following a police academy graduation.

The incident happened around 8 p.m. Thursday on the elevated tracks at the 40th Street Station on Queens Boulevard in Sunnyside, CBS Station WCBS reports.





Play Video


Search on for suspect in 2nd subway push death




Police said witnesses saw the woman pacing and mumbling on the platform before taking a seat alone on a wooden bench. Then, as the train approached the station, witnesses said she suddenly shot forward, shoving the unsuspecting man onto the tracks, directly into the path of an oncoming Number 7 train.



The New York Police Department released surveillance video of the suspect running away from the scene. Police said the woman raced down two flights of stairs after the attack and then disappeared onto the crowded street.



Detectives described her as a heavyset Hispanic woman in her 20s, approximately 5-foot-5, with blonde or brown hair. She was last seen wearing a blue, white and grey ski jacket and grey and red Nike sneakers.

The medical examiner said Friday that an autopsy found that Sen died from head trauma.


Commuters on Friday expressed concern over subway safety.

"It's just a really sad commentary on the world and on human beings, period," said Howard Roth, who takes the subway daily.

He said the deadly push reminded him, "the best thing is what they tell you — don't stand near the edge, and keep your eyes open."

The incident marked the second deadly subway push this month. On December 3, police said 58-year-old Ki Suck Han was pushed to his death by 30-year-old Naeem Davis. The two were seen on cell phone video arguing just moments before Han was pushed to his death.



In the most recent incident, witnesses said the victim never encountered his attacker and never saw what was coming.



Anyone with information is asked to call the NYPD's Crime Stoppers Hotline at (800) 577-TIPS. The public can also submit their tips by logging onto Crime Stoppers or texting tips to 274637(CRIMES) then enter TIP577.

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Epic Journey: Did Moses' Exodus Really Happen?













In the Bible, he is called Moses. In the Koran, he is the prophet Musa.


Religious scholars have long questioned whether of the story of a prophet leading God's chosen people in a great exodus out of Egypt and the freedom it brought them afterwards was real, but the similarities between a pharaoh's ancient hymn and a psalm of David might hold the link to his existence.


Tune in to Part 2 of Christiane Amanpour's ABC News special, "Back to the Beginning," which explores the history of the Bible from Genesis to Jesus, on Friday, Dec. 28 at 9 p.m. ET on ABC.


Christian scripture says Moses was content to grow old with his family in the vast deserted wilderness of Midian, and 40 years passed until the Bible says God spoke to him through the Burning Bush and told him to lead his people, the Israelites, out of Egypt. According to tradition, that miraculous bush can still be seen today enclosed within the ancient walls of St. Catherine's Monastery, located not far from Moses' hometown.


But there was another figure in the ancient world who gave up everything to answer the call from what he believed was the one and only true God.


Archaeologists discovered the remains of the ancient city of Amarna in the 1800s. Egyptologist Rawya Ismail, who has been studying the ruins for years, believes, as other archaeologists do, that Pharaoh Akhenaten built the city as a tribute to Aten, the sun.






G.Sioen/De Agostini/Getty Images











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She said it was a bold and unusual step for the pharaoh to leave the luxurious trappings of palace life in Luxor for the inhospitable landscape of Amarna, but it might have been his only choice as the priests from the existing religious establishment gained power.


"The very powerful Amun-Ra priests that he couldn't stand against gained control of the whole country," Ismail said. "The idea was to find a place that had never been used by any other gods -- to be virgin is what he called it -- so he chose this place."


All over the walls inside the city's beautiful tombs are examples of Akhanaten's radical message of monotheism. There is the Hymn to the Aten, which translates, in part, to: "The earth comes into being by your hand, as you made it. When you dawn, they live. When you set, they die. You yourself are lifetime, one lives by you."


PHOTOS: Christiane Amanpour's Journey 'Back to the Beginning'


Some attribute the writing of the hymn to Akhanaten himself, but it bears a striking resemblance to a passage that can be found in the Hebrew Bible: Psalm 104.


"If you compare the hymns from A to Z, you'll find mirror images to it in many of the holy books," Ismail said. "And if you compare certain parts of it, you'll find it almost exactly -- a typical translation for some of the [psalms] of David."


Psalm 104, written a few hundred years later, references a Lord that ruled over Israel and a passage compares him to the sun.


"You hide your face, they are troubled," part of it reads. "You take away your breath, they die, And return to dust. You send forth your breath, they are created, And you renew the face of the earth."


Like the psalm, the Hymn to Aten extols the virtues of the one true God.


"A lot of people think that [the Hymn to Aten] was the source of the [psalms] of David," Ismail said. "Putting Egypt on the trade route, a lot of people traveled from Egypt and came back to Egypt, it wasn't like a country living in isolation."


Ismail believes it is possible that the message from the heretic pharaoh has some connection to the story of Moses and the Exodus, as outlined in the Hebrew Bible.




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2013: A year for big issues in the courts












By Jeffrey Toobin, CNN Senior Legal Analyst


December 27, 2012 -- Updated 1445 GMT (2245 HKT)







Chief Justice John Roberts re-administers the oath of office to Barack Obama at the White House on January 21, 2009.




STORY HIGHLIGHTS


  • Jeffrey Toobin: 2013 will see pivotal decisions in several key areas of law

  • He says Supreme Court could decide fate of same-sex marriage

  • Affirmative action for public college admissions is also on Court's agenda

  • Toobin: Newtown massacre put gun control debate back in the forefront




Editor's note: Jeffrey Toobin is a senior legal analyst for CNN and a staff writer at The New Yorker magazine, where he covers legal affairs. He is the author of "The Oath: The Obama White House and the Supreme Court."


(CNN) -- What will we see in 2013?


One thing for sure: The year will begin with Chief Justice John Roberts and President Obama getting two chances to recite the oath correctly.



Jeffrey Toobin

Jeffrey Toobin



After that, here are my guesses.


1. Same-sex marriage and the Supreme Court. There are two cases, and there are a Rubik's Cube-worth of possibilities for their outcomes. On one extreme, the court could say that the federal government (in the Defense of Marriage Act) and the states can ban or allow same-sex marriage as they prefer. On the other end, the Court could rule that gay people have a constitutional right to marry in any state in the union. (Or somewhere in between.)





CNN Opinion contributors weigh in on what to expect in 2013. What do you think the year holds in store? Let us know @CNNOpinion on Twitter and Facebook/CNNOpinion


2. The future of affirmative action. In a case pending before the Supreme Court, the Court could outlaw all affirmative action in admissions at public universities, with major implications for all racial preferences in all school or non-school settings.


3. Gun control returns to the agenda. The Congress (and probably some states) will wrestle with the question of gun control, an issue that had largely fallen off the national agenda before the massacre in Newtown. Expect many invocations (some accurate, some not) of the Second Amendment.




4. The continued decline of the death penalty. Death sentences and executions continue to decline, and this trend will continue. Fear of mistaken executions (largely caused by DNA exonerations) and the huge cost of the death penalty process will both accelerate the shift.


5. Celebrity sex scandal. There will be one. There will be outrage, shock and amusement. (Celebrity to be identified later.)


Follow @CNNOpinion on Twitter


Join us at Facebook/CNNOpinion


The opinions expressed in this commentary are solely those of Jeffrey Toobin.











Part of complete coverage on







December 27, 2012 -- Updated 1445 GMT (2245 HKT)



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Clinton, still recovering, back at desk Monday






WASHINGTON: Outgoing US Secretary of State Hillary Clinton, who fell ill in early December and has not been seen in public since, will be back at her desk on Monday, her closest aide said.

"She's recuperating at home," and will take up her official duties again "next week", Philippe Reines wrote in brief email to AFP when asked about the health of Washington's most travelled top diplomat.

Clinton, 65, has been off work sick since her return from her last trip on December 7, although her staff says she has been working from home.

Her lengthy absence from public life has sparked claims from some of her fiercer critics that she is trying to avoid testifying in a congressional investigation into a deadly attack on a US consulate in Libya.

The State Department said Clinton had contracted a bad stomach virus during her five-day stay in Europe. She had to cancel a planned trip to North Africa and Abu Dhabi due to the illness.

A week later, Clinton's doctors said she had become severely dehydrated due to the effects of the stomach bug and had fainted, suffering a concussion.

They recommended she rest at home and avoid, through mid-January, the high-intensity travel she had been accustomed to taking as secretary of state.

Clinton has flown almost a million miles since taking office four years ago, visited 112 countries and spent some 400 days in a plane.

Her health kept her from testifying on December 20 to US lawmakers about the attack on the US consulate in Benghazi, Libya, on September 11.

The assault, in which the US ambassador and three other US officials were killed, sparked a political firestorm in the US, and Republicans criticized Clinton's absence last week, calling on her to testify in January.

Clinton, who is due to step down from her post in early 2013, also stayed away from the White House last Friday when President Barack Obama nominated her replacement, veteran senator John Kerry.

She issued a long statement paying tribute to her successor, and the State Department has regularly assured the public that Clinton continues to work from home, but that has not prevented questions over her three weeks of absence.

- AFP/al



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Top 12 tech stories of the year



















Microsoft's big Windows 8 push


SOPA backlash


Live-tweeting war


Apple maps stumble


Apple vs. Samsung


Facebook's botched IPO


The Instagram boom


Megaupload and Kim Dotcom


Mid-sized tablets make their mark


Nintendo launches Wii U


Yahoo hires Marissa Mayer


Tech's role in the 2012 election





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STORY HIGHLIGHTS


  • In 2012, older tech companies such as Microsoft tried to revamp their brands

  • The year kicked off with a huge online protest against SOPA

  • Facebook bought photo-sharing app Instagram, but its IPO was a disappointment

  • Apple released its iPhone 5 and iPad Mini but bungled its new mobile maps app




(CNN) -- In the tech world, 2012 was the year of the reboot. Older, established tech companies such as Microsoft, Yahoo and Nintendo all tried to restart their brands with bold new products and fresh blood in the executive suites.


Facebook struggled with its new life as a publicly traded company, and Instagram, the photo-sharing network it acquired in April, was dragged along for the ride.


There were inspiring stories, such as the Internet coming together to protest anti-piracy legislation. And there was darker news, like the Israeli military live-tweeting its strikes against Gaza.


And as always, the world's dominant and most closely watched tech company was all over the news. Apple did a little bit of everything in 2012, from hit new products (the iPad Mini) to high-profile failures (Apple Maps) to some old-fashioned courtroom drama in its patent war with Samsung.


Here are our picks for the top 12 tech stories of 2012. What did we leave out? Let us know in the comment section below.


Microsoft's big push


This was the year Microsoft took a big, bold and surprisingly fun step with a new version of Windows, an updated mobile operating system and its very own iPad rival.


The company, best known for its efficient but stodgy desktop software, needed to do something fresh to get customers' attention in 2012 and started with its flagship product. Windows 8 is a complete overhaul of the Windows operating system. Microsoft nixed the Start button and mixed a playful touchscreen interface with a more traditional desktop experience that runs on tablets, traditional computers, and hybrid machines.


The company also made a leap into the hardware market, releasing its first tablet, the Microsoft Surface, which ran a truncated version of the new Windows 8 operating system. And finally, there was Windows Phone 8, a major revamp of its smartphone operating system, which Microsoft hopes can compete with Apple's iOS and Google's Android.


It's still too soon to judge any of the new releases as successes or failures, but give Microsoft credit for taking chances.


SOPA backlash


In January, a pair of anti-piracy bills united the Internet in outrage. The proposed legislation, the Stop Online Piracy Act, or SOPA, and the Protect IP Act, or PIPA, would have restricted access to sites associated with pirated content, including the search engines and ad networks that do business with them.


The Internet cried censorship, and on January 18 some of the most popular sites blacked out their pages in protest. Reddit, Craigslist, Boing Boing, The Oatmeal, the English-language version of Wikipedia and thousands of other sites went dark. Even Google put a black censorship box over its logo. There were also petitions and organized boycotts of companies that supported the bills.


The protests worked, as both SOPA and PIPA were shelved. It was an impressive demonstration of the power of an organized Internet community.


Live-tweeting war


Violence and war have long been documented on Twitter and other social networks -- typically by journalists and by regular people on the ground (notably the Pakistani witness to the 2011 raid that killed Osama bin Laden).


But in November, the Israeli military took this concept to a new level. During its conflict with Palestinian forces in Gaza, the Israel Defense Force tweeted updates, including the news it had "eliminated" Hamas leader Ahmed Jabari. The military arm of Hamas responded on Twitter with its own provocations.


The back-and-forth between the warring sides signaled a jarring evolution in how war is broadcast in real time.


iPhone 5 and Apple Maps stumble


Every Apple hardware release is a big news story, starting with rumors months in advance and peaking with a well-oiled Apple press event, followed by usually glowing reviews and huge sales numbers. But in 2012, Apple made a major misstep when it released the iPhone 5 and its new operating system, iOS 6.


The company dropped the Google-powered maps that had come pre-installed on every iPhone since 2007. In its place, Apple introduced its own mapping app. Apple Maps looked stunning, with 3-D graphics and neat features like Flyover and turn-by-turn directions. All it was missing was transit directions and accuracy -- the maps were riddled with mistaken locations and outdated information.


The resulting criticism inspired an apology from CEO Tim Cook and led to an executive shakeup at Apple. Customers turned to third-party map apps until Google finally released an iOS version of its popular maps in December.


Apple vs. Samsung


It was the biggest tech trial of the year. Two of the top phone and tablet manufacturers went to war when Apple accused Samsung of infringing on its iPad and iPhone patents for a variety of tablets and smartphones. The drama culminated in a federal jury trial over the summer that offered a rare peek into how notoriously secretive Apple operates.


The story became huge because of the large amount of money at stake and the implications that its verdict would have on Samsung's business and the Android platform.


The jury decided in Apple's favor, awarding the company just over $1 billion in damages. But the case is far from over. Lawyers for both sides will continue bickering over potential appeals for months and possibly years to come.


Facebook's botched IPO


It was the most anticipated IPO of the year, and one of the largest ever for a tech company. Social-media darling Facebook looked primed for a big public opening: The company was valued at $104 billion, snapped up popular photo-sharing app Instagram and was still growing.


But then an array of problems and misjudgments led to a botched IPO in May, and the company's stock plummeted. The initial offer price of $38 was too high, too many shares were issued, its opening day was marred by Nasdaq's technical glitches, and underwriter Morgan Stanley was fined for improperly influencing share sales.


The stock price dropped significantly, hitting a low of $17.55 on September 4. Facebook is still struggling to recover some of its early-2012 luster.


The Instagram boom


Instagram started out scrappy two years ago as a fun little app for sharing sepia-shaded photos with friends. But when its user base skyrocketed, Facebook bought it for $1 billion in cash and shares of Facebook stock. That amount later dropped to $735 million as the value of Facebook shares plummeted.


By September, Instagram had more than 100 million users. The app capped off its big year with a rite of passage for social networks: a bungled update to its terms of service that sparked user outrage and led to a hasty backtrack by founder Kevin Systrom.


Instagram's challenge for 2013 is to figure out how to grow its free service into a business that makes money so that Facebook can begin to get its money's worth.


Megaupload and Kim Dotcom


The Megaupload case would have been mildly interesting on its own. A popular file-sharing company and its various sites were shut down by the F.B.I for piracy. But when Megaupload founder Kim Dotcom was arrested in January at his lavish New Zealand estate, he went from unknown entrepreneur to a flamboyantly rich cult hero.


Dotcom (he legally changed his last name from Schmitz in 2005) did what any self-respecting boy video-game nerd would do with millions of dollars. He bought a yacht, helicopter, luxury cars and motorcycles. He lived with his model wife in a $24 million rented mansion in New Zealand where he spent hours playing "Call of Duty: Modern Warfare 3," earning a spot as the top-ranked player in the world.


But after Dotcom was jailed and his assets were seized, he slowly emerged as a leader for Internet freedom activists who thought he was unfairly targeted. He's still fighting the charges and using his newfound fame to launch new projects. His current plans include a new file-sharing site that encrypts all its files, and a streaming music service called Megabox.


Mid-sized tablets take off


It was the rare case of Apple following a trend instead of setting it. Apple introduced its 7.9-inch iPad Mini in October to take on its new rivals in the tablet market: cheaper 7-inch devices from Google and Amazon. While the Kindle Fire and Nexus 7 were only selling modestly compared to the iPad, Apple quickly recognized the growing demand for a smaller, more portable device.


The iPad Mini proved especially notable because Apple's late CEO, Steve Jobs, famously stated a 7-inch tablet would never make it in the market because it was "too big to compete with a smartphone; too small to compete with an iPad." This may have been one of those rare cases in which Jobs was wrong.


Nintendo launches Wii U


In November, Nintendo released a new version of its popular Wii game console, which while groundbreaking when launched in 2006 was badly in need of a refresh.


The Wii U's most novel feature is a touchscreen tablet controller called a GamePad, which communicates with the main console. Inside the tablet are motion control sensors, speakers, a camera, buttons and other bells and whistles -- all of which the gamer uses to interact with what's happening on the larger screen.


It's a bold move for the company and brings a new perspective to console gaming, although the Wii U has received mixed reviews so far.


Yahoo hires Marissa Mayer


Aging Internet giant Yahoo was facing slumping revenues and internal strife in July when it hired Google exec Marissa Mayer as its new chief executive. The hire made headlines for many reasons: Mayer was a bold choice that showed Yahoo was serious about shaking things up. She was also young, a Silicon Valley power player, and a woman who was expecting her first child.


There was much media hand-wringing over her pregnancy, with some pundits wondering aloud whether Mayer could juggle a newborn baby and a demanding new job. Many saw her as a role model for working mothers.


But when the news settled, the real question returned: Could Mayer save the floundering Yahoo? So far she has shaken up Yahoo's executive team, given employee morale a much-needed boost and begun to improve the company's mobile offerings, including a stunning new Flickr app.


It will take a while to properly gauge her impact, but investors seem optimistic. Yahoo's stock price has risen $4 a share since her hiring was announced.


Tech's role in the presidential election


Technology issues such as net neutrality weren't discussed much during the 2012 presidential election, but tech played a huge role in rallying supporters and getting out the vote. President Obama, arguably the most tech-savvy of U.S. presidents, went on Google Plus and Reddit to take questions from voters.


And both his campaign and that of his GOP challenger, Mitt Romney, sent social media messages almost daily in attempts to sway media reports and public opinion.


But the most impressive use of tech took place behind the scenes, where both sides used new and powerful computer databases to target voters. The Romney campaign's get-out-the-vote program, called Orca, suffered technical glitches on Election Day and was perceived to have been outflanked by Obama campaign software which compiled massive amounts of data on voters and dispatched volunteers to pinpoint locations across the country.







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