Wealth Matters: The End of a Decade of Uncertainty Over Gift and Estate Taxes

FOR many of the wealthy, the American Taxpayer Relief Act, passed this week by Congress, is aptly named.

For estate and gift taxes in particular, all but the richest of the rich will probably be able to protect their holdings from taxes, now that Congress has permanently set the estate and gift tax exemptions at $5 million (a level that will rise with inflation).

“You could say this eliminates the estate tax for 99 percent of the population, though I’ve seen figures that say 99.7 or 99.8,” said Richard A. Behrendt, director of estate planning at the financial services firm Baird and a former inspector for the Internal Revenue Service. “From a policy point of view, the estate tax is not there for raising revenue. It’s there for a check on the massive concentration of wealth in a few hands, and it will still accomplish that.”

And while Congress also agreed to increase tax rates on dividends and capital gains to 20 percent from 15 percent for top earners — in addition to the 3.8 percent Medicare surcharge on such earnings — the rates are still far lower than those on their ordinary income. For the earners at the very top, whose income comes mostly from their portfolios of investments, and not a paycheck like most of the rest of us, this is a good deal.

The estate tax, once an arcane assessment, has been in flux and attracting significant attention since 2001. That was when the exemption per person for the estate tax began to rise gradually from $675,000, with a 55 percent tax for anything above that amount, to $3.5 million in 2009 with a 45 percent tax rate for estates larger than that. Estate plans were written to account for the predictable increases in exemptions.

Then in 2010, contrary to what every accountant and tax lawyer I spoke to at the time believed would happen, the estate tax disappeared. Congress and President Obama could not reach an agreement on the tax. So that year, for the first time since 1916, Americans who died were not subject to a federal estate tax. (Their estates still paid state estate taxes, where they existed, and other taxes, including capital gains, on the value of the assets transferred.)

At the end of 2010, President Obama and House Speaker John A. Boehner reached an agreement that was just as unlikely as the estate tax expiring in the first place: the new exemption was $5 million, indexed to inflation, with a 35 percent tax rate on any amount over that, and it would last for two years. The taxes and exemptions for gifts made during someone’s lifetime to children and grandchildren were also raised to the same level, from $1 million and a 55 percent tax above that.

As I have written many times, this was a far better rate and exemption than anyone expected. It also created a deadline of Dec. 31, 2012, for people who could make a major gift up to the exemption level or above the amount and pay the low gift tax.

Using the gift exemption was enticing because it meant those assets would appreciate outside of the estate of the person making the gift. Even paying the tax became attractive to the very rich because of how estate and gift taxes are levied. Take, for example, someone who has used up his exemption and wants to give an heir $1 million. The amount it would take to accomplish this differs depending on when it is given. In life, it would cost $1.4 million because the 40 percent gift tax is paid like a sales tax. If it was given after death, the estate would have to set aside about $1.65 million after the 40 percent estate tax was deducted. But this presented a conundrum: while it may make perfect sense to give away a lot of money during your lifetime and save on estate taxes, it means ceding control of cash, securities or shares now. What if you end up needing them? It wasn’t an easy decision, and it led to a fourth-quarter rush.

As of this week, this is no longer an issue. The estate and gift tax exemptions are permanently set at the same $5 million level, indexed for inflation, and the tax rate above that exemption is 40 percent, up from 35 percent. With indexing, the exemption is already about $5.25 million per person — double for a couple — and it will rise at a rate that means most Americans will continue to avoid paying any federal estate tax.

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Bieber urges crackdown on paparazzi after photographer's death

Justin Bieber and his collection of exotic cars have been tantalizing targets for celebrity photographers ever since the young singer got his driver's license.

A video captured the paparazzi chasing Bieber through Westside traffic in November. When Bieber's white Ferrari stops at an intersection, the video shows the singer turning to one of the photographers and asking: "How do your parents feel about what you do?"

A few months earlier, he was at the wheel of his Fisker sports car when a California Highway Patrol officer pulled him over for driving at high speeds while trying to outrun a paparazzo.

This pursuit for the perfect shot took a fatal turn Tuesday when a photographer was hit by an SUV on Sepulveda Boulevard after taking photos of Bieber's Ferrari. And the singer now finds himself at the center of the familiar debate about free speech and the aggressive tactics of the paparazzi.

Since Princess Diana's fatal accident in Paris in 1997 while being pursued by photographers, California politicians have tried crafting laws that curb paparazzi behavior. But some of those laws are rarely used, and attorneys have challenged the constitutionality of others.

On Wednesday, Bieber went on the offensive, calling on lawmakers to crack down.

"Hopefully this tragedy will finally inspire meaningful legislation and whatever other necessary steps to protect the lives and safety of celebrities, police officers, innocent public bystanders and the photographers themselves," he said in a statement.

It remained unclear if any legislators would take up his call. But Bieber did get some support from another paparazzi target, singer Miley Cyrus.

She wrote on Twitter that she hoped the accident "brings on some changes in '13 Paparazzi are dangerous!"

Last year, a Los Angeles County Superior Court judge threw out charges related to a first-of-its-kind anti-paparazzi law in a case involving Bieber being chased on the 101 Freeway by photographer Paul Raef. Passed in 2010, the law created punishments for paparazzi who drove dangerously to obtain images.

But the judge said the law violated 1st Amendment protections by overreaching and potentially affecting such people as wedding photographers or photographers speeding to a location where a celebrity was present.

The L.A. city attorney's office is now appealing that decision.

Raef's attorney, Dmitry Gorin, said new anti-paparazzi laws are unnecessary.

"There are plenty of other laws on the books to deal with these issues. There is always a rush to create a new paparazzi law every time something happens," he said. "Any new law on the paparazzi is going to run smack into the 1st Amendment. Truth is, most conduct is covered by existing laws. A lot of this is done for publicity."

Coroner's officials have not identified the photographer because they have not reached the next of kin. However, his girlfriend, Frances Merto, and another photographer identified him as Chris Guerra.

The incident took place on Sepulveda Boulevard near Getty Center Drive shortly before 6 p.m. Tuesday. A friend of Bieber was driving the sports car when it was pulled over on the 405 Freeway by the California Highway Patrol. The photographer arrived near the scene on Sepulveda, left his car and crossed the street to take photos. Sources familiar with the investigation said the CHP told him to leave the area. As he was returning to his vehicle, he was hit by the SUV.

Law enforcement sources said Wednesday that it was unlikely charges would be filed against the driver of the SUV that hit the photographer.

Veteran paparazzo Frank Griffin took issue with the criticism being directed at the photographer as well as other paparazzi.

"What's the difference between our guy who got killed under those circumstances and the war photographer who steps on a land mine in Afghanistan and blows himself to pieces because he wanted the photograph on the other side of road?" said Griffin, who co-owns the photo agency Griffin-Bauer.

"The only difference is the subject matter. One is a celebrity and the other is a battle. Both young men have left behind mothers and fathers grieving and there's no greater sadness in this world than parents who have to bury their children."

Others, however, said the death focuses attention on the safety issues involving paparazzi

"The paparazzi are increasingly reckless and dangerous. The greater the demand, the greater the incentive to do whatever it takes to get the image," said Blair Berk, a Los Angeles attorney who has represented numerous celebrities. "The issue here isn't vanity and nuisance, it's safety."

richard.winton@latimes.com

andrew.blankstein@latimes.com

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Record 5-Year Prison Term Handed to Convicted File Sharer

The leader of the in-theater camcording gang known as the IMAGiNE Group was handed a 60-month prison term Thursday in what is the nation’s longest sentence in a file-sharing case.

The sentence handed to Jeramiah Perkins, 40, of Portsmouth, Virginia, surpassed one of largest file-sharing terms handed to IMAGiNE co-defendant Gregory A. Cherwonik, 53, of New York, who received 40 months in November for his role in the operation.

In all, five IMAGiNE members have pleaded guilty to conspiracy to commit copyright infringement for operating what prosecutors described as the world’s most prolific piracy release group between 2009 and 2011.

The Motion Picture Association of America said IMAGiNE was more successful than any other illegal internet release group because of its “short latency periods between the theatrical release and their pirated release, their consistently good quality of audio captures, their high volume of releases, and their connection to international suppliers.”

What’s more, the group sought “to be the premier group to first release to the internet copies of new motion pictures only showing in movie theaters,” according to the indictment. (.pdf)

According to Perkins’ plea agreement with prosecutors and accepted by U.S. District Judge Arenda Wright Allen of the Eastern District of Virginia, Perkins rented computer servers in France and elsewhere for the group, registered domain names and, among other things, created e-mail and PayPal accounts “to receive donations and payments from persons downloading or buying IMAGiNE Group releases of pirated copies of motion pictures and other copyrighted works,” the authorities said.

Group members would audio-record films such as Friends With Benefits and Captain America: The First Avenger. Others members would record the film at a theater with a camcorder. Then the sound and video would be combined into a full-featured movie, the authorities said.

Other films the group recorded and uploaded included The Men Who Stare at Goats, Avatar, Clash of the Titans, Iron Man 2, The Sorcerer’s Apprentice, and, among others, The Green Hornet.

The authorities said the group utilized servers in France, Canada and the United States to offer in-theater-only movies from websites like unleashthe.net, pure-imagination.us and pure-imagination.info.

The indictment said the group accepted donations “to fund expenses, including the cost of renting servers used by the conspirators, and to accept payments for the unauthorized distribution and sale of pirated copies of copyrighted works.” The indictment charged that the IMAGiNE Group’s websites included member profiles, a torrent tracker, discussion forums and a message board.

Sean Lovelady, 28, of California, was handed 23 months in October for his role. Willie Lambert, 57, of Pennsylvania, was given 30 months. A fifth defendant is expected to be sentenced in March.

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”Lincoln,” ”Zero Dark Thirty,” among Producers Guild nods

LOS ANGELES (Reuters) – Steven Spielberg‘s presidential drama “Lincoln,” musical “Les Miserables” and Kathyrn Bigelow‘s Osama bin Laden thriller “Zero Dark Thirty” were among 10 films earning Producers Guild Award nominations on Wednesday, as the Hollywood awards season gathered momentum.

Ben Affleck and George Clooney, two of the producers behind Affleck’s Iran hostage drama “Argo,” and the team that brought Quentin Tarantino‘s darkly humorous slavery Western “Django Unchained” to the screen also won nods for the awards handed out by the Producers Guild of America.

The critically acclaimed James Bond blockbuster “Skyfall,” which last weekend surpassed $ 1 billion at the worldwide box office, got a big boost to its Oscar hopes when producers Barbara Broccoli and Michael Wilson were included.

They joined an eclectic list that featured Ang Lee’s shipwreck tale “Life of Pi,” and quirky comedy “Silver Linings Playbook.”

Wes Anderson’s “Moonrise Kingdom,” and mythical indie film “Beasts of the Southern Wild” rounded out the feature film nominations, the PGA said in a statement.

The Producers Guild Awards will be handed out at a ceremony in Los Angeles on January 26 and will be a key indication of Hollywood sentiment ahead of the Oscars on February 24.

Many of the PGA-nominated movies are expected to feature strongly on the list of Oscar nominations when those are announced on January 10. Eight of the movies are also in the running for best picture Golden Globe trophies on January 13.

But the PGA had nothing for “The Hobbit” from director Peter Jackson. It also left early awards hopeful “The Master” out of the running in a sign that the cult tale starring Philip Seymour Hoffman may be losing steam in Hollywood.

Batman movie “The Dark Knight Rises” also failed to make the list.

The PGA nominated the producers of five films for its animated movie honors – Tim Burton’s “Frankenweenie,” Disney family films “Wreck-it-Ralph” and “Brave,” and “ParaNorman” and “Rise of the Guardians.”

The PGA also named its picks for producers of television movies and miniseries. Ryan Murphy’s “American Horror Story,” the team behind HBO film “Game Change” about Sarah Palin’s 2008 vice presidential bid, and Britain’s modern twist on detective Sherlock Holmes “Sherlock” were among the five making the cut.

They were joined by “Hatfields & McCoys,” about a legendary family feud starring Kevin Costner who was also one of the producers, and the PBS chronicle of the 1930s drought “The Dust Bowl.”

(Reporting By Jill Serjeant; Editing by Mohammad Zargham)

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Scant Proof Is Found to Back Up Claims by Energy Drinks

Energy drinks are the fastest-growing part of the beverage industry, with sales in the United States reaching more than $10 billion in 2012 — more than Americans spent on iced tea or sports beverages like Gatorade.

Their rising popularity represents a generational shift in what people drink, and reflects a successful campaign to convince consumers, particularly teenagers, that the drinks provide a mental and physical edge.

The drinks are now under scrutiny by the Food and Drug Administration after reports of deaths and serious injuries that may be linked to their high caffeine levels. But however that review ends, one thing is clear, interviews with researchers and a review of scientific studies show: the energy drink industry is based on a brew of ingredients that, apart from caffeine, have little, if any benefit for consumers.

“If you had a cup of coffee you are going to affect metabolism in the same way,” said Dr. Robert W. Pettitt, an associate professor at Minnesota State University in Mankato, who has studied the drinks.

Energy drink companies have promoted their products not as caffeine-fueled concoctions but as specially engineered blends that provide something more. For example, producers claim that “Red Bull gives you wings,” that Rockstar Energy is “scientifically formulated” and Monster Energy is a “killer energy brew.” Representative Edward J. Markey of Massachusetts, a Democrat, has asked the government to investigate the industry’s marketing claims.

Promoting a message beyond caffeine has enabled the beverage makers to charge premium prices. A 16-ounce energy drink that sells for $2.99 a can contains about the same amount of caffeine as a tablet of NoDoz that costs 30 cents. Even Starbucks coffee is cheap by comparison; a 12-ounce cup that costs $1.85 has even more caffeine.

As with earlier elixirs, a dearth of evidence underlies such claims. Only a few human studies of energy drinks or the ingredients in them have been performed and they point to a similar conclusion, researchers say — that the beverages are mainly about caffeine.

Caffeine is called the world’s most widely used drug. A stimulant, it increases alertness, awareness and, if taken at the right time, improves athletic performance, studies show. Energy drink users feel its kick faster because the beverages are typically swallowed quickly or are sold as concentrates.

“These are caffeine delivery systems,” said Dr. Roland Griffiths, a researcher at Johns Hopkins University who has studied energy drinks. “They don’t want to say this is equivalent to a NoDoz because that is not a very sexy sales message.”

A scientist at the University of Wisconsin became puzzled as he researched an ingredient used in energy drinks like Red Bull, 5-Hour Energy and Monster Energy. The researcher, Dr. Craig A. Goodman, could not find any trials in humans of the additive, a substance with the tongue-twisting name of glucuronolactone that is related to glucose, a sugar. But Dr. Goodman, who had studied other energy drink ingredients, eventually found two 40-year-old studies from Japan that had examined it.

In the experiments, scientists injected large doses of the substance into laboratory rats. Afterward, the rats swam better. “I have no idea what it does in energy drinks,” Dr. Goodman said.

Energy drink manufacturers say it is their proprietary formulas, rather than specific ingredients, that provide users with physical and mental benefits. But that has not prevented them from implying otherwise.

Consider the case of taurine, an additive used in most energy products.

On its Web site, the producer of Red Bull, for example, states that “more than 2,500 reports have been published about taurine and its physiological effects,” including acting as a “detoxifying agent.” In addition, that company, Red Bull of Austria, points to a 2009 safety study by a European regulatory group that gave it a clean bill of health.

But Red Bull’s Web site does not mention reports by that same group, the European Food Safety Authority, which concluded that claims about the benefits in energy drinks lacked scientific support. Based on those findings, the European Commission has refused to approve claims that taurine helps maintain mental function and heart health and reduces muscle fatigue.

Taurine, an amino acidlike substance that got its name because it was first found in the bile of bulls, does play a role in bodily functions, and recent research suggests it might help prevent heart attacks in women with high cholesterol. However, most people get more than adequate amounts from foods like meat, experts said. And researchers added that those with heart problems who may need supplements would find far better sources than energy drinks.

Hiroko Tabuchi contributed reporting from Tokyo and Poypiti Amatatham from Bangkok.

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High and Low Finance: Lessons From Europe On Averting Disaster

Will the United States follow the European path in 2013?

Let’s hope so.

A year ago, the world’s markets were watching Europe with rising fear. Some expected 2012 to be the year that the euro zone broke up. Germany did not want to pay to bail out its less fortunate neighbors unless they agreed to severe austerity and to what amounted to a surrender of sovereignty — ideas that other countries were loath to accept.

What ensued during the year was a series of summit meetings that often seemed to do more for the hotel business in assorted European capitals than they did to solve the problem. Agreements in principle were announced, sending markets up, only to stumble back when the details got difficult.

What the naysayers missed was that there really was a common commitment to save the euro, and that in the end politicians and central bankers would do what was needed to avert disaster. Finally, in July, the European Central Bank came up with a plan that assured the euro area banks, and the troubled governments, that they would have access to money at reasonable rates. Angela Merkel, the German chancellor, went along, angering some of her German colleagues, who thought she was straying from basic principles.

So it could be in the United States Congress. The outgoing Congress went up to the final minutes, amid much angst, before it averted the fiscal crisis. There are reasons to grumble about the details, and more deadlines loom in the new Congress, but the essential point was that in the end the House Republicans allowed a bill to pass even though a majority of them opposed it.

John A. Boehner, the speaker who has often seemed scared to do anything that his Tea Party colleagues might oppose, not only allowed the vote but chose to vote for the proposal. The first indication of whether this is a new dawn, or simply a case of the House Republicans being outmaneuvered, could come when the debt ceiling is addressed. Logically, the debt ceiling is an absurd vote to begin with. Raising it simply allows the government to pay the bills for spending the Congress already approved. To allow the spending bills to pass, but to then refuse to raise the debt ceiling, is equivalent to a family deciding to refuse to pay the credit card bill while continuing to spend. That will only accomplish destroying the family’s credit.

Perhaps some Republicans will threaten to keep the country from paying its bills to accomplish something they don’t otherwise have the votes to accomplish. But if the European precedent holds, the final result will at least avert disaster.

Whether more than that can be hoped for may depend in part on whether those screaming for major cuts in federal spending actually believe their rhetoric — the talk about the United States becoming another Greece.

The reality is that the current budget deficit largely reflects two things: exceptionally low government revenue and the continuing problems caused by the financial crisis and recession that followed the bursting of the housing bubble. Bringing tax revenue back to historical levels, as well as the growth in revenue and reductions in spending that will automatically follow an improving economy, will make a major difference.

There are issues that must be addressed regarding health care costs and Medicare, as well as the fact that there will be fewer workers for each retiree as the baby boomers retire. But those who see a Greek-type crisis here should ask themselves why the government can borrow at interest rates that remain extraordinarily low. The world’s trust in Uncle Sam’s ability to pay its debts has remained high.

What are not high are taxes, although a poll would no doubt show that many people think otherwise.

Federal taxes, relative to the size of the economy, are significantly lower than they were after Ronald Reagan cut them. During 2012 federal revenue amounted to around 17 percent of gross domestic product. At the Reagan low point, the figure was a full percentage point higher. In 2009, when the deficit was ballooning, the figure fell below 16 percent, something that had happened only once during the more than 60 years for which comparable data is available.

Back in 2000, federal revenue approached 21 percent of G.D.P. The assumption that such strong collections would continue played a major role in the forecasts of budget surpluses as far as the eye could see. In 2001, aides to President George W. Bush pointed to the figure as proof that Americans were overtaxed. It turned out that tax revenue figures were temporarily inflated in two ways by the bull market in technology stocks. Not only were there a lot of capital gains to be taxed, but soaring share prices also produced a lot of ordinary income for those employees and executives who could cash in stock options.

At the time, it was assumed that such options had no significant impact on tax revenue, because the income that went to the employee provided an offsetting tax deduction for the company that issued the options. That might have been true had the companies been paying taxes, but many of the most bubbly stocks were in companies that never had, and never would, pay a dollar in income taxes.

That revenue would have come down sharply after the technology stock bubble burst, even without the Bush tax cuts. But those tax cuts worsened the situation and are a major cause of the current deficits.

It might be interesting to consider what would have happened in the 2012 presidential campaign had either candidate been willing to, as Adlai Stevenson once said, "talk sense to the American people.”

In reality, neither candidate would have dreamed of saying, as an economist did a week ago:

“Ultimately, unless we scale back entitlement programs far more than anyone in Washington is now seriously considering, we will have no choice but to increase taxes on a vast majority of Americans. This could involve higher tax rates or an elimination of popular deductions. Or it could mean an entirely new tax, such as a value-added tax or a carbon tax.”

It would have been only a little more likely to hear a candidate say, as another economist said after the fiscal deal was reached, “We need a tax system that can promote economic growth and raise the revenue the American people want to devote to government.”

The first quote came from a column in The New York Times by N. Gregory Mankiw, a Harvard economist. The second statement was made W. Glenn Hubbard, the dean of the Columbia University business school, who was chairman of the president’s Council of Economic Advisers when the Bush tax cuts were enacted. He went on to say, a Times article reported, that some Bush-era policies were no longer relevant to the task of tailoring a tax code to a properly sized government.

Mr. Mankiw and Mr. Hubbard were among the top economic advisers to Mr. Romney. If they advised him to make similar statements during the campaign, he did not take the advice.

“Fiscal negotiations might become a bit easier if everyone started by agreeing that the policies we choose must be constrained by the laws of arithmetic,” Mr. Mankiw added.

Floyd Norris comments on finance and the economy at nytimes.com/economix.

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Al Jazeera in talks to buy Current TV

Current TV, the struggling news/talk channel co-founded by former Vice President Al Gore, is in advanced talks to sell itself to Al Jazeera, the Qatar-based cable news company, a person close to the stituation confirmed.

An announcement regarding a sale could come as early as Wednesday afternoon. The talks were first reported by the New York Times.

Majority owned by Gore and his business partner Joel Hyatt, Current has been on the block for several months. The cable channel, which originaly focused on short-form documentary programs, has in recent years tried to rebrand itself as a news outlet for liberal viewers. The hope was that such a move would bring it more viewers and ad revenue.

However, when the high-profile hiring of commentator Keith Olbermann backfired, so did the channel's hopes of competing with other cable news outlets. Olbermann was pushed out after clashing with management last year.

The low-rated Current is avalable in 60 million homes, which has put it at a competitive disadvantage to the other cable news outlets including Fox News, MSNBC and CNN, all of which are in around 100 million homes.

For Al Jazeerza, which already operates an English-language version of its channel here, the purchase will give it a much broader platform. Its English-language service has very limited distribution in the United States.

The new owners may have to renegotiate distribution deals with pay-TV operators. As for programming, Al Jazeera is expected to bring a more international focus to much of the content on Current.

Follow Joe Flint on Twitter @JBFlint.

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<em>'Alice in Wonderland'</em> Ruling Lets Feds Keep Mum on Targeted-Killing Legal Rational

The President Barack Obama administration does not have to disclose the legal basis for its drone targeted killing program of Americans, according to a Wednesday decision a judge likened to “Alice in Wonderland”.

U.S. District Court Judge Colleen McMahon of New York, ruling in lawsuits brought by the American Civil Liberties Union and The New York Times, said she was caught in a “paradoxical situation” (.pdf) of allowing the administration to claim it was legal to kill enemies outside traditional combat zones while keeping the legal rational secret.

The opinion comes months after 26 members of Congress asked Obama, in a letter, to consider the consequences of drone killing and to explain the necessity of the program. The use of drones to shoot missiles from afar at vehicles and buildings that the nation’s intelligence agencies believe are being used by suspected terrorists began under the George W. Bush administration and was widened by the Obama administration to allow the targeting of American citizens. Drone strikes by the Pentagon and the CIA have sparked backlashes from foreign governments and populations, as the strikes often kill civilians, including women and children.

In the end, however, the government’s claim of national security trumped the Freedom of Information Act. According to Judge McMahon:

… this court is constrained by law, and under the law, I can only conclude that the government has not violated FOIA by refusing to turn over the documents sought in the FOIA requests, and so cannot be compelled by this court of law to explain in detail the reasons why its actions do not violate the Constitution and laws of the United States. The Alice-in-Wonderland nature of this pronouncement is not lost on me; but after careful and extensive consideration, I find myself stuck in a paradoxical situation in which I cannot solve a problem because of contradictory constraints and rules — a veritable catch-22. I can find no way around the thicket of laws and precedents that effectively allow the Executive Branch of our government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws, while keeping the reasons for their conclusion a secret.

Despite numerous public comments on the CIA’s drone attacks in far-flung locales such as Yemen from various government officials, including former CIA Director Leon Panetta, President Obama and Attorney General Eric Holder, the government is taking the position in court that it would have to eliminate you with one of its drones if it explained the legal basis of the program.

In 2011, Obama acknowledged particular CIA drone strikes at a Joint Chiefs of Staff ceremony. Within hours of the CIA drone strike that killed U.S. citizens Anwar al-Awlaki and Samir Khan in Yemen, the president publicly lauded the move as “another significant milestone in the broader effort to defeat al-Qaeda and its affiliates” and then acknowledged the U.S. government’s role, stating that “this success is a tribute to our intelligence community.”

The authorities have conceded, however, that a Justice Department Office of Legal Counsel opinion addresses the issue, but maintain that it does not have to be made public. “It is beyond the power of this court to conclude that a document has been improperly classified,” the judge wrote.

Politico’s Josh Gerstein, who first reported the opinion, notes that such a statement by the judge is false, and that in “very rare cases” judges “have done so.”

Meanwhile, survivors of three Americans killed in 2011 by targeted drone attacks in Yemen, including survivors of al-Awlaki, have sued top-ranking members of the United States government, alleging they illegally killed the three, including a 16-year-old boy, in violation of international human rights law and the U.S. Constitution.

The case directly challenges the government’s decision to kill Americans without judicial scrutiny.

The suit (.pdf) is being litigated by the Center for Constitutional Rights and the ACLU. It seeks unspecified damages and maintains the drone attacks have killed thousands, including hundreds of innocent bystanders overseas. (Other estimates of the campaign come to widely different conclusions.)

The suit, the first of its kind, alleges the United States was not engaged in an armed conflict with or within Yemen — prohibiting the use of lethal force unless “at the time it is applied, lethal force is a last resort to protect against a concrete, specific, and imminent threat of death or serious physical injury.”

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U.S. pop singer Patti Page dies at age 85

LOS ANGELES (Reuters) – American pop singer Patti Page, whose 1950 hit “Tennessee Waltz” topped the charts for months, has died in Southern California, her manager said on Wednesday. She was 85.

Nicknamed “The Singing’ Rage,” Page sold more than 100 million albums in her 67-year career, which included 1950s chart toppers “(How Much Is That) Doggie in the Window,” “I Went to Your Wedding” and “All My Love (Bolero).”

She died on Tuesday in a nursing home in Encinitas, north of San Diego, after suffering congestive heart failure, her manager, Michael Glynn, told Reuters.

“She’d been having some health issues for the past couple of years,” Glynn said. “She was actually doing better yesterday. I spoke to her and she sounded well.”

Page won a Grammy for her 1998 album “Live at Carnegie Hall: The 50th Anniversary Concert” and will be honored with a lifetime achievement Grammy in February. She had expected to attend the ceremony, Glynn said.

Page was born in Oklahoma as Clara Ann Fowler in 1927 and was known for her light, every-girl voice. Her first big hit was “With My Eyes Wide Open, I’m Dreaming,” which peaked at No. 11 on the charts in 1950.

Eight years later, Page scored her penultimate top-10 song, “Left Right Out of Your Heart,” as rock ‘n’ roll was emerging as the dominant trend in popular music.

Her final big hit was “Hush … Hush Sweet Charlotte” in 1965. The song served as the theme of a film of the same name starring Bette Davis.

Her reputation was burnished in recent years when rock group The White Stripes covered her 1952 song “Conquest” on their Grammy-winning 2007 album “Icky Thump.”

She was married three times, most recently in 1990.

Page is survived by her two children, and several grandchildren and great-grandchildren.

(Reporting by Eric Kelsey; Editing by Jill Serjeant and Peter Cooney)

Music News Headlines – Yahoo! News

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Well: Good and Bad, the Little Things Add Up in Fitness

Phys Ed

Gretchen Reynolds on the science of fitness.

The past year in fitness has been alternately inspiring, vexing and diverting, as my revisiting of all of the Phys Ed columns published in 2012 makes clear. Taken as a whole, the latest exercise-related science tells us that the right types and amounts of exercise will almost certainly lengthen your life, strengthen your brain, affect your waistline and even clear debris from inside your body’s cells. But too much exercise, other 2012 science intimates, might have undesirable effects on your heart, while popping painkillers, donning stilettos and sitting and reading this column likewise have their costs.

With New Year’s exercise resolutions still fresh and hopefully unbroken on this, day two of 2013, it now seems like the perfect time to review these and other lessons of the past year in fitness science.

First, since I am habitually both overscheduled and indolent, I was delighted to report, as I did in June, that the “sweet sport” for health benefits seems to come from jogging or moderately working out for only a brief period a few times a week.

Specifically, an encouraging 2012 study of 52,656 American adults found that those who ran 1 to 20 miles per week at an average pace of about 10 or 11 minutes per mile — my leisurely jogging speed, in fact — lived longer, on average, than sedentary adults. They also lived longer than the group (admittedly small) who ran more than 20 miles per week.

“These data certainly support the idea that more running is not needed to produce extra health and mortality benefits,” Dr. Carl J. Lavie, a cardiologist in New Orleans and co-author of the study told me. “If anything,” he said, “it appears that less running is associated with the best protection from mortality risk.”

Similarly, in a study from Denmark that I wrote about in September, a group of pudgy young men lost more weight after 13 weeks of exercising moderately for about 30 minutes several times a week than a separate group who worked out twice as much.

The men who exercised the most, the study authors discovered, also subsequently ate more than the moderate exercisers.

Even more striking, however, the vigorous exercisers subsequently sat around more each day than did the men who had exercised less, motion sensors worn by all of the volunteers showed.

“They were fatigued,” said Mads Rosenkilde, a Ph.D. candidate at the University of Copenhagen and the study’s co-author.

Meanwhile, the men who had worked out for only about 30 minutes seemed to be energized by their new routines. They stood up, walked, stretched and even bounced in place more than they once had. “It looks like they were taking the stairs now, not the elevators, and just moving around more,” Mr. Rosenkilde said. “It was little things, but they add up.”

And that idea was, in fact, perhaps the most dominant exercise-science theme of 2012: that little things add up, with both positive and pernicious effects. Another of my favorite studies of 2012 found that a mere 10 minutes of daily physical activity increased life spans in adults by almost two years, even if the adults remained significantly overweight.

But the inverse of that finding proved to be equally true: not fitting periods of activity into a person’s daily life also affected life span. Perhaps the most chilling sentence that I wrote all year reported that, according to a large study of Western adults, “Every single hour of television watched after the age of 25 reduces the viewer’s life expectancy by 21.8 minutes.”

I am watching much less television these days.

But not all of the new fitness science I covered this year was quite so sobering or, to be honest, consequential. Some of the more practical studies simply validated common sense, including reports that to succeed in ball sports, keep your eye on the ball; during hot-weather exercise, pour cold water over your head; and, finally, on the day before a marathon, eat a lot.

But when I think about the science that has most affected how I plan my life, I return again and again to those studies showing that physical activity alters how long and how well we live. My days of heedless youth are behind me. So I won’t soon forget the study I wrote about in September detailing how moderate, frequent physical activity in midlife can delay the onset of illness and frailty in old age. Exercise won’t prevent you from aging, of course. Only death does that. But this study and others from this year underscore that staying active, even in moderate doses, dramatically improves how your aging body feels and responds.

Aging also inspired my favorite reader comment of 2012, which was posted in response to a research scientist’s name. “‘Dr. Head,’” the reader wrote. “That shall be the name of my all-senior-citizen metal band,” which, if its members gyrate and vigorously bound about like Mick Jagger on his recent tour, should ensure themselves decades in which to robustly perform.

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