Russia vows tough response to U.S. human rights legislation

MOSCOW — Russian officials are promising a tough response to U.S. legislation that would impose sanctions on Russian officials if Congress finds them responsible for violating human rights.

The U.S. House on Friday passed a bill that establishes permanent normal trade relations with Russia, repealing the 1974 Jackson-Vanik amendment, which had imposed limits on trade because of the Soviet Union's treatment of Jews. It had been waived annually since 1989, two years before the Soviet Union collapsed.

But a provision of the legislation named after Russian lawyer Sergei Magnitsky also would impose sanctions on officials responsible for human rights violations.

Magnitsky was a 37-year-old lawyer representing the Britain-based Hermitage Capital Management company in 2008 when he blew the whistle on alleged fraud involving Russian tax officials and police officers. Magnitsky said a tax refund scam had cost Russia about $200 million.

But Magnitsky himself was arrested on charges of organizing tax evasion for Hermitage Capital executives. He was allegedly tortured and denied proper medical treatment, and died in a Moscow prison on Nov. 16, 2009.

The circumstances of his death as well as the purported multimillion-dollar fraud have never been properly investigated, human rights activists say.

If the legislation passed by the House on Friday, the third anniversary of Magnitsky's death, also passes the Senate and is signed by President Obama, U.S. officials will be obligated within 120 days to compile and publish a list of Russian officials involved in Magnitsky's persecution and death, and other violations of human rights in Russia.

The officials on the so-called Magnitsky list will be denied U.S. visas and current visas will be revoked. Their financial assets in the United States will be frozen.

The Russian Foreign Ministry said the legislation could damage relations with the United States.

"The passage of the Magnitsky Act is another attempt of flagrant politicizing the issue of human rights," the ministry's envoy on human rights, Konstantin Dolgov, said Saturday in an interview with Voice of Russia radio station. "The American side over and over again attempts to accuse Russia of violating human rights in [Sergei] Magnitsky's case, ignoring the exhaustive explanations about the course of the case's investigation."

Dmitry Peskov, President Vladimir Putin's spokesman, said late Friday that the legislation would elicit an "equally tough response."

Lilia Shevtsova, a senior researcher with the Moscow Carnegie Center, said there was little left of the U.S.-Russia relationship to be damaged by the latest dispute.

"Moscow however may take advantage of it to more actively play the role of the spoiler in respect to America in global politics," Shevtsova said. "The Kremlin will try to use the situation to intensify its ongoing crackdown on the opposition inside the country."

Pavel Palazhchenko, senior advisor to former Soviet President Mikhail Gorbachev, said he was puzzled by Russia's tough reaction.

"My guess is that the authorities, including the Foreign Ministry, misjudged the internal dynamics in the U.S., betting that the administration, which never likes Congress micromanaging foreign policy, would object to the Magnitsky Act," he said.

Palazhchenko said Russia was rapidly using up any goodwill left in the West, but he predicted that Obama would do some damage control before his planned visit to Moscow next year.

sergei.loiko@latimes.com

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Lady Gaga tweets some racy images before concert

BUENOS AIRES, Argentina (AP) — Lady Gaga's tweets were getting a lot of attention ahead of her Buenos Aires concert Friday night.

The Grammy-winning entertainer has more than 30 million followers on Twitter and that's where she shared a link this week to a short video showing her doing a striptease and fooling around in a bathtub with two other women.

She told her followers that it's a "surprise for you, almost ready for you to TASTE."

Then, in between concerts in Brazil and Argentina, she posted a picture Thursday on her Twitter page showing her wallowing in her underwear and impossibly high heels on top of the remains of what appears to be a strawberry shortcake.

"The real CAKE isn't HAVING what you want, it's DOING what you want," she tweeted.

Lady Gaga wore decidedly unglamorous baggy jeans and a blouse outside her Buenos Aires hotel Thursday as three burly bodyguards kept her fans at bay. Another pre-concert media event where she was supposed to be given "guest of honor" status by the city government Friday afternoon was cancelled.

After Argentina, she is scheduled to perform in Santiago, Chile; Lima, Peru; and Asuncion, Paraguay, before taking her "Born This Way Ball" tour to Africa, Europe and North America.

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The Neediest Cases: Emerging From a Bleak Life to Become Fabulous Phil

For years, Phillip Johnson was caught in what seemed like an endless trench of bad luck. He was fired from a job, experienced intensifying psychological problems, lost his apartment and spent time in homeless shelters. At one point, he was hospitalized after overdosing on an antipsychotic drug.

“I had a rough road,” he said.

Since his hospital stay two years ago, and despite setbacks, Mr. Johnson, 27, has been getting his life on track. At Brooklyn Community Services, where he goes for daily counseling and therapy, everybody knows him as Fabulous Phil.

“Phillip is a light, the way he evokes happiness in other people,” his former caseworker, Teresa O’Brien, said. “Phillip’s character led directly to his nickname.”

About six months ago, with Ms. O’Brien’s help, Mr. Johnson started an event: Fabulous Phil Friday Dance Party Fridays.

One recent afternoon at the agency, 30 clients and a few counselors were eating cake, drinking soft drinks and juice, and grooving for 45 minutes to Jay-Z and Drake pulsating from a boom box.

Mr. Johnson’s voice rose with excitement when he talked about the party. Clients and counselors, he said, “enjoy themselves.”

“They connect more; they communicate more,” he continued. “Everybody is celebrating and laughing.”

The leadership Mr. Johnson now displays seems to be a far cry from the excruciatingly introverted person he was.

As an only child living with his single mother in public housing in Bedford-Stuyvesant, Brooklyn, he said, he tended to isolate himself. “A lot of kids my age would say, ‘Come outside,’ but I would always stay in my room,” he said. He occupied himself by writing comic books or reading them, his favorites being Batman and Spiderman because, he said, “they were heroes who saved the day.”

After graduating from high school in 2003, he worked odd jobs until 2006, when he took a full-time position at a food court at La Guardia Airport, where he helped to clean up. The steady paycheck allowed him to leave his mother’s apartment and rent a room in Queens.

But the depression and bleak moods that had shadowed him throughout middle and high school asserted themselves.

“My thinking got confused,” he said. “Racing thoughts through my mind. Disorganized thoughts. I had a hard time focusing on one thing.”

In 2008, after two years on the job, Mr. Johnson was fired for loud and inappropriate behavior, and for being “unpredictable,” he said. The boss said he needed counseling. He moved back in with his mother, and in 2009 entered a program at an outpatient addiction treatment service, Bridge Back to Life. It was there, he said, that he received a diagnosis of schizophrenia and help with his depression and marijuana use.

But one evening in May 2010, he had a bout with insomnia.

He realized the antipsychotic medication he had been prescribed, Risperdal, made him feel tired, he said, so he took 12 of the pills, rather than his usual dosage of two pills twice a day. When 12 did not work, he took 6 more.

“The next morning when I woke up, it was hard for me to breathe,” he said.

He called an ambulance, which took to Woodhull Hospital. He was released after about a month.

Not long after, he returned to his mother’s apartment, but by February 2011, they both decided he should leave, and he relocated to a homeless shelter in East New York, where, he said, eight other people were crammed into his cubicle and there were “bedbugs, people lying in your bed, breaking into your locker to steal your stuff.”

In late spring 2011, he found a room for rent in Manhattan, but by Thanksgiving he was hospitalized again. Another stint in a shelter followed in April, when his building was sold.

Finally, in July, Mr. Johnson moved to supported housing on Staten Island, where he lives with a roommate. His monthly $900 Social Security disability check is sent to the residence, which deducts $600 for rent and gives him $175 in spending money; he has breakfast and lunch at the Brooklyn agency. To assist Mr. Johnson with unexpected expenses, a grant of $550 through The New York Times Neediest Cases Fund went to buy him a bed and pay a Medicare prescription plan fee for three months.

“I was so happy I have a bed to sleep on,” he said about the replacement for an air mattress. “When I have a long day, I have a bed to lay in, and I feel good about that.”

Mr. Johnson’s goals include getting his driver’s license — “I already have a learner’s permit,” he said, proudly — finishing his program at the agency, and then entering an apprenticeship program to become a plumber, carpenter or mechanic.

But seeing how his peers have benefited from Fabulous Phil Fridays has made him vow to remain involved with people dealing with mental illnesses or substance abuse.

He was asked at the party: Might he be like the comic-book heroes he loves? A smile spread across his face. He seemed to think so.

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Black Friday: A survival guide

Shopping

The plan | The numbers | The gear | The strategy | The apps | The start

Black Friday, the most buzzed-about shopping day of the year, is starting even earlier this holiday season as retailers try to get a jump on the competition.

The official kickoff to the Christmas shopping rush, the day after Thanksgiving brings out millions of bargain hunters looking to score new tablets, flat-panel TVs, clothes and toys. Last year retailers raked in an estimated $11.4 billion on Black Friday, up 6.6% from 2010.

This year, major retailers including Wal-Mart and Toys R Us are opening their doors as early as 8 p.m. on Thanksgiving Day. That’s too bad for store employees, but good news if you’re a shopaholic who doesn’t mind hitting the shops before the turkey has cooled.

For those of you who are planning to brave the crowds, whether you’re a first-timer or a seasoned veteran, here’s a guide to surviving the Black Friday rush.


-- Andrea Chang

Photo credit: Francine Orr / Los Angeles Times

Photo credit: Mark Boster / Los Angeles Times

Photo credit: Mark Boster / Los Angeles Times

Photo credit: Brian van der Brug / Los Angeles Times

Photo credit: Seong Joon Cho / Bloomberg

Photo credit: Associated Press

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Former O.C. Sheriff Michael Carona seeks to cut prison sentence

Attorneys for former Orange County Sheriff Michael Carona — who is now serving 66 months in federal prison for witness tampering — are asking that the former lawman's sentence be cut by nearly half, potentially freeing him.

In a motion, Carona's attorneys argued that the sentence handed down in 2009 by U.S. District Judge Andrew Guilford should be adjusted after changes in the law.

His attorneys contend that the judge sentenced Carona on the witness tampering charge by "cross-referencing" charges on which he was acquitted, a practice his attorneys argue that the U.S. Supreme Court overruled in a case involving former Enron President Jeffrey Skilling.

"Carona seeks relief on the ground that the court erred in determining his sentence by using honest services fraud as the 'underlying offense' under United States sentencing guidelines," his lawyers wrote in the motion filed earlier this month. They added that "the conduct at issue did not constitute honest services fraud or any other federal offense."

His lawyers, according to the motion, are seeking to reduce his time to a term of 24 months to 30 months.

Brett Sagel, the federal prosecutor on the case, said in an emailed statement Thursday that the government contends "Carona's filing lacks merit both factually and legally."

Carona was acquitted in 2009 on charges of conspiracy, mail fraud and one count of witness tampering. But the jury found him guilty on another count of witness tampering after he was recorded as he tried to persuade his former assistant sheriff to lie to a grand jury investigating allegations of corruption.

Carona, 57, was widely considered to be a rising political star at the time of his indictment.

The former sheriff began serving his 51/2 -year prison sentence in January 2011 at Englewood Federal Correctional Institution in Littleton, Colo., where he joined other prominent criminals — including Skilling, who is serving a 24-year sentence; and disgraced former Illinois Gov. Rod Blagojevich.

When Carona's sentence began, officials at the prison — dubbed by Forbes magazine as one of the "12 best places to go to prison" — said the former sheriff would put in 71/2-hour days doing landscaping, plumbing, painting or food service.

But he could have access to the low-security prison's amenities, including college courses and the use of indoor and outdoor recreational facilities with a running track, bicycle court and exercise bicycles.

Carona's lawyers said that he had exhausted his appeals when the U.S. 9th Circuit Court of Appeals upheld his conviction shortly before he reported to the prison.

rick.rojas@latimes.com

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News Summary: UK court overturns Facebook demotion

PUNISHED: Britain‘s High Court ruled Friday that a man had been unfairly stripped of a management position and demoted for saying in a Facebook post that he was opposed to gay marriage.

COURT RULING: The court said the Trafford Housing Trust breached Adrian Smith‘s contract and a judge added that Smith had not done anything wrong. Smith had written on Facebook that gay weddings in churches would be “an equality too far.”

EVOLVING LAW: In Britain, same-sex couples can form civil partnerships that carry the same legal rights marriages do. The government plans to introduce legislation allowing civil marriages as well.

Social Media News Headlines – Yahoo! News

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FHA lacks reserves to cover losses

WASHINGTON — As the housing market recovers, one government agency is still paying the price for helping to stabilize it — and taxpayers could get the bill.

The Federal Housing Administration, whose mortgage insurance business skyrocketed during the Great Recession of 2007-09, said Friday that its reserves to cover losses dropped into negative territory for the fiscal year that ended Sept. 30.

Quiz: The week in business

The agency has $30.3 billion in cash reserves to cover $46.6 billion in projected losses in coming years — a shortfall of $16.3 billion that could force it to tap the U.S. Treasury for the first time in its 78-year history to shore up its finances.

"Clearly, they're in trouble financially," said Guy Cecala, publisher of Inside Mortgage Finance. "I don't think there's any argument that FHA was ill-equipped to handle that overnight change to their business volume, and they've been playing catch-up ever since."

The FHA insures loans with down payments of as low as 3.5%, often to low-income borrowers, and its role in the mortgage market began expanding dramatically in 2007 as banks pulled back on lending in the face of plunging home prices — unless the agency guaranteed the loans.

Those mortgages, many of them now underwater, are a major drag on the finances of an agency that has been funded entirely through insurance premiums.

"With its dual mission of providing access to homeownership for underserved populations and supporting the housing market during tough times, there is little doubt that FHA helped prevent a much deeper crisis," Housing and Urban Development Secretary Shaun Donovan told reporters.

"That progress, however, has not been without stress," he conceded.

The FHA's net worth must not drop below 2% of the outstanding balances of the loans it guarantees. But in its annual actuarial report to Congress, the agency said its reserve ratio ended the fiscal year at -1.44%, down from the seriously low level of 0.24% at the end of the previous fiscal year. The figure was 0.5% at the end of 2010.

A final determination on tapping into Treasury's funds would not come until September and could hinge on continued improvement in the housing market, officials said. The agency also plans to boost its reserves by making such changes as increasing the premiums it charges homeowners to back their loans.

Obama administration officials hope the changes will help the FHA avoid drawing money from the U.S. Treasury, which the agency has the authority to do without seeking congressional approval.

"We are taking all the actions that we feel are appropriate, including increase in premiums [and] including changes in policies, to ensure that we are generating appropriate revenue moving forward," said acting FHA Commissioner Carol Galante.

"It is literally impossible to say that we will or won't need a draw," she said. "We are doing all of this to increase the likelihood that we will not."

The FHA's expanded role in the housing market has drawn criticism from some lawmakers and analysts, especially in light of the bailouts of seized housing finance giants Fannie Mae and Freddie Mac.

Taxpayers are on the hook for $137 billion in those rescues, though Fannie and Freddie have turned profitable and have started paying down what they owe.

But FHA's finances have been getting worse. One specific criticism is the agency's practice of lending to so-called rebound buyers, people who defaulted on a mortgage as recently as three years earlier.

Senate Banking Committee Chairman Tim Johnson (D-S.D.), said he was "deeply concerned" by Friday's FHA report and would call Donovan to testify about how to get the agency on a fiscally sustainable path.

Rep. Scott Garrett (R-N.J.) said the news of FHA's deteriorating finances was not surprising given warnings about its finances in recent years.

"This is yet another example in which the government has stepped in, mispriced risk, acted as a backstop and put the taxpayer in a position of bailing them out," he said. He blamed the Obama administration for not doing more to stabilize the agency's finances.

But Rep. Maxine Waters (D-Los Angeles) noted that the FHA has helped millions of people buy homes since it was created in the Great Depression. And although the agency's finances are in trouble, she said, Congress "should not act precipitously to limit loan availability, especially as the housing recovery remains fragile."

In 2009, the agency boosted premiums and took other steps to shore up its capital reserves. But the FHA's finances continued to be dragged down by the loans it backed from 2007 to 2009, Donovan said.

Mortgages backed by the agency in the last two years are performing much better, he said.

The FHA insures more than $1 trillion worth of mortgages. It has backed about 14% of new mortgages this year, up from less than 5% in 2007 but down from a high of nearly 30% in 2008.

The White House will use the report to help make its own projections of agency funding as part of President Obama's 2014 budget, to be released in February. At that point, the administration would determine whether taxpayer money is needed to prop up the FHA, with a final determination coming at the end of the fiscal year in September.

Continued improvement in the housing market would help the FHA's long-term outlook. And the changes coming soon also will help generate more revenue and reduce future losses, officials said.

The FHA plans to increase mortgage insurance premiums by about $13 a month for the average homeowner for new loans it guarantees, as well as end a policy for future loans that allowed homeowners to stop paying insurance premiums before the loan was paid off.

Among other changes are selling off at least 40,000 delinquent loans a year and streamlining short sales to reduce losses from foreclosures.

jim.puzzanghera@latimes.com

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Veteran L.A. County sheriff's deputy charged with murder

After spending much of his life putting people behind bars, a veteran L.A. County sheriff's deputy stood in handcuffs Thursday, charged with gunning down a former neighbor who apparently got into a fight with his son.

Francisco Gamez, 41, is accused of shooting Armando "Cookie" Casillas, a well-known figure in his blue-collar neighborhood in Sylmar.

Gamez was off duty, sitting in his car, when he allegedly fired two shots on the night of June 17, killing Casillas and narrowly missing a second man, prosecutors said.

Gamez, a 17-year veteran who worked as a detective in West Hollywood, was allegedly furious over a fight between his 20-year-old son and Casillas, 38, prosecutors said. The younger Gamez had called his father to the scene, authorities said.

Casillas was later found by relatives lying near his home, and died later at Providence Holy Cross Medical Center.

Gamez was removed from duty in July after witnesses and evidence tied the detective to the slaying, authorities said. He was arrested Wednesday and led handcuffed from his San Fernando home by his former co-workers.

On Thursday he was formally charged with murder, attempted murder and discharging a firearm from an occupied vehicle. Gamez could face 75 years to life in prison if convicted of all charges.

In court, where he stood handcuffed in a plexiglass cage, sheriff's deputies peeked into the room to gawk at their former colleague. Sheriff Lee Baca described the whole thing as "deeply disturbing."

Gamez is being held on $4-million bail.

On Beaver Street in Sylmar, where the shooting occurred, Casillas' photo sat in a frame in the midst of a makeshift memorial, along with a cross and a potted plant with U.S. and Mexican flags and candles.

"He was a sweetheart, and very generous," said Patsy Telles-Cabrera, who lived across the street from Casillas for years. "He would check in on my parents." She left a box of chocolates at the growing shrine.

"It never should have happened," said one neighbor. "This is a family neighborhood."

sam.quinones@latimes.com

richard.winton@latimes.com

Times staff writer Wesley Lowery contributed to this report.

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Xbox Live Celebrates 10 Years of Connecting Gamers

Thursday marks the tenth anniversary of Xbox Live, Microsoft’s online gaming platform for the Xbox and the Xbox 360.

[More from Mashable: Steve Ballmer Hints at Microsoft Building More Hardware]

For the last decade, Xbox Live has offered both a marketplace and online play space for gamers. It started in 2002 on Microsoft‘s original Xbox console; Xbox spokeperson Larry Hryb, better known as Major Nelson, said it launched with games like Ghost Recon, MechAssault and NFL Fever.

Now Xbox Live serves as a complete entertainment package for the Xbox 360. Players can still compete online and connect with others, but can also access all kinds of other services through their Xbox 360 as the console moves to position itself as a living room centerpiece. Streaming services like Netflix, Hulu Plus, Pandora, HBO Go, ESPN and NBA Live, as well as on-demand movies from Zune. During this year’s election, Xbox Live offered full access to the debates and election coverage, thanks to a partnership with NBC.

[More from Mashable: New ‘Grand Theft Auto V’ Trailer Takes Game Violence to the Next Level [VIDEO]]

There are about 30 million Xbox Live subscribers, each with their own unique gamertag. Xbox Live was instrumental in the widespread adoption of achievements on games, which players unlocked for completing different in-game challenges. According to Hyrb’s Twitter account, gamers have unlocked 14.5 billion achievements in the past decade.

Xbox Live is the only online network on consoles that charges its users, at $ 60 a pop for a 12-month subscription.

To celebrate today’s anniversary, some long-time Xbox Live subscribers are receiving special edition Xbox 360s, according to Hyrb’s Twitter feed. Hyrb is also giving out one-year subscriptions to Xbox Live on his Twitter all day Thursday.

Do you have fond memories of playing Xbox Live in the past decade? Please share them with us in the comments.

1. Triforce Lamp

Know a Zelda fan in need of some power, wisdom and courage? This beautiful wood and acrylic lamp can be hung or shelved. The pixelated carvings on each side warm the room with dappled light. Price: $ 95.00

Click here to view this gallery.

Image courtesy Rodrigo Denúbila, Flickr.

This story originally published on Mashable here.

Gaming News Headlines – Yahoo! News

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Juan Luis Guerra, Jesse & Joy win at Latin Grammys

LAS VEGAS (AP) — With their hit "Corre!" Mexican brother-sister pop duo Jesse & Joy ran away from the pack with four awards, including best song and best recording, at the 13th Annual Latin Grammys in Las Vegas on Thursday night.

Hosted by actors Cristian De La Fuente and Lucero, the ceremony attracted super-stars new and old, from across the world and from every Latin musical genre to the Mandalay Bay Events Center.

Just like at a big, multi-generational family party, new faces shared the spotlight with older generations, and traditional genres blended with electronica and hip-hop on stage.

Colombian rocker Juanes paired up with Carlos Santana, DJ trio and best new artist winner 3ball MTY threw down beats, and Pitbull rapped with dancers in gold spangled bikinis and hot pants.

Michel Telo, the Brazilian sertanejo or country music singer, performed with Las Vegas veterans Blue Man Group. Bachata heartthrob Prince Royce sang with veteran Mexican singer-songwriter Joan Sebastian.

Traditional Mexico met Las Vegas in a colorful number featuring Oaxaca native Lila Downs, Afro-Colombian singer Toto la Momposina and dancers in regional costumes.

Dominican musician Juan Luis Guerra, who came into the ceremony as the leading nominee with six bids, won producer of the year for Juanes' album "MTV Unplugged," which is also up for album of the year.

Guerra performed "En el Cielo No Hay Hospital," which brought the audience to its feet to dance, and for a standing ovation. He can only win four awards, since he is competing against himself in two categories.

Puerto Rican reggaeton singer Don Omar and Uruguayan alt rockers Cuarteto de Nos won two Latin Grammys each.

Oaxacan roots singer Lila Downs won best folkloric album for "Pecados y Milagros." Colombian singer Fonseca won for best tropical fusion album, and Los Tucanes de Tijuana won best norteno album for "365 Dias," the narco-corrido band's 32nd album.

Milly Quezada brought home best contemporary tropical album for "Aqui estoy yo."

"Long live merengue! Long live the Dominican Republic!" she said as she accepted the award.

If Colombian rocker Juanes wins in three of the four categories he's nominated in, he will become the most decorated Latin Grammy winner, breaking the record held by Puerto Rican rappers Calle 13.

Jazz trumpeter Arturo Sandoval brought three Latin Grammys for "Dear Diz (Every Day I Think of You)," but said it was just exciting as his first.

"The emotion is the same because one puts the same effort into each recording and the fact that the work is received well and respected by the public is a great satisfaction," he said.

The Latin Grammy celebration kicked off Wednesday by presenting its Person of the Year award to Caetano Veloso, one of the founders of the Tropicalismo movement.

The Brazilian singer, composer and activist was honored with performances by Juanes, Guerra, Nelly Furtado and Natalie Cole.

The event was broadcast live on Univision.

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I Was Misinformed: The Time She Tried Viagra

I have noticed, in the bragging-rights department, that “he doesn’t need Viagra” has become the female equivalent of the male “and, I swear, she’s a real blonde.” Personally, I do not care a bit. To me, anything that keeps you happy and in the game is a good thing.

But then, I am proud to say, I was among the early, and from what I gather, rare female users.

It happened when the drug was introduced around 1998. I was 50, but after chemotherapy for breast cancer — and later, advanced ovarian cancer — I was, hormonally speaking, pretty much running on fumes. Whether this had diminished my sex drive I did not yet know. One may have Zorba-esque impulses when a cancer diagnosis first comes in; but a treatment that leaves you bald, moon-faced and exhausted knocks that out of your system pretty fast.

But by 1998, the cancer was gone, my hair was back and I was ready to get back in the game. I was talking to an endocrinologist when I brought up Viagra. This was not to deal with the age-related physical changes I knew it would not address, it was more along the feminist lines of equal pay for equal work: if men have this new sex drug, I want this new sex drug.

“I know it’s supposed to work by increasing blood flow,” I told the doctor, “But if that’s true for men, shouldn’t it be true for women, too?”

“You’re the third woman who asked me that this week,” he said.

He wrote me a prescription. I was not seeing anyone, so I understood that I would have to do both parts myself, but that was fine. I have a low drug threshold and figured it might be best the first time to fly solo. My memory of the directions are hazy: I think there was a warning that one might have a facial flush or headaches or drop dead of a heart attack; that you were to take a pill at least an hour before you planned to get lucky, and, as zero hour approached, you were supposed to help things along by thinking beautiful thoughts, kind of like Peter Pan teaching Wendy and the boys how to fly.

But you know how it is: It’s hard to think beautiful thoughts when you’re wondering, “Is it happening? Do I feel anything? Woof, woof? Hello, sailor? Naaah.”

After about an hour, however, I was aware of a dramatic change. I had developed a red flush on my face; I was a hot tomato, though not the kind I had planned. I had also developed a horrible headache. The sex pill had turned into a bad joke: Not now, honey, I have a headache.

I put a cold cloth on my head and went to sleep. But here’s where it got good: When I slept, I dreamed; one of those extraordinary, sensual, swimming in silk sort of things. I woke up dazed and glowing with just one thought: I gotta get this baby out on the highway and see what it can do.

A few months later I am fixed up with a guy, and after a time he is, under the Seinfeldian definition of human relations (Saturday night date assumed) my official boyfriend. He is middle aged, in good health. How to describe our romantic life with the delicacy a family publication requires? Perhaps a line from “Veronika, der Lenz ist da” (“Veronica, Spring Is Here”), a song popularized by the German group the Comedian Harmonists: “Veronika, der Spargel Wächst” (“Veronica, the asparagus are blooming”). On the other hand, sometimes not. And so, one day, I put it out there in the manner of sport:

“Want to drop some Viagra?” I say.

Here we go again, falling into what I am beginning to think is an inevitable pattern: lying there like a lox, or two loxes, waiting for the train to pull into the station. (Yes, I know it’s a mixed metaphor, but at least I didn’t bring in the asparagus.) So there we are, waiting. And then, suddenly, spring comes to Suffolk County. It’s such a presence. I’m wondering if I should ask it if it hit traffic on the L.I.E. We sit there staring.

My reaction is less impressive. I don’t get a headache this time. And romantically, things are more so, but not so much that I feel compelled to try the little blue pills again.

Onward roll the years. I have a new man in my life, who is 63. He does have health problems, for which his doctor prescribes an E.D. drug. I no longer have any interest in them. My curiosity has been satisfied. Plus I am deeply in love, an aphrodisiac yet to be encapsulated in pharmaceuticals.

We take a vacation in mountain Mexico. We pop into a drugstore to pick up sunscreen and spot the whole gang, Cialis, Viagra, Levitra, on a shelf at the checkout counter. No prescription needed in Mexico, the clerk says. We buy all three drugs and return to the hotel. I try some, he tries some. In retrospect, given the altitude and his health, we are lucky we did not kill him. I came across an old photo the other day. He is on the bed, the drugs in their boxes lined up a in a semi-circle around him. He looks a bit dazed and his nose is red.

Looking at the picture, I wonder if he had a cold.

Then I remember: the flush, the damn flush. If I had kids, I suppose I would have to lie about it.

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McDonald's USA president to step down; successor named

The head of U.S. operations for McDonald's Corp. is on her way out amid the burger chain's efforts to counter intense competition and a string of uncharacteristically sour financial results.

Jan Fields will depart Dec. 1 as president of McDonald's USA, a position she has held for more than two years. She will be replaced by Jeff Stratton, currently McDonald's global chief restaurant officer. Both are 57.

"The time was right for this leadership change," company spokeswoman Lisa McComb said. She called it "a business decision by our senior management team" and said it was "not related to one isolated thing or a short-term viewpoint."

Quiz: How well do you know fast food?

McComb said Fields is "looking forward to spending time with her family and friends."

Most industry analysts doubted that Fields was directly responsible for the company's financial misses, but they believed that top management and directors had lost confidence in her ability to turn around the U.S. division of the world's biggest burger chain.

"There weren't any major alarms, any perception of management problems," said Nima Samadi, a restaurant analyst with IBISWorld. "There's no fire or even that much smoke. This looks more like a preventive measure than anything else, a recognition that McDonald's needs someone more aggressive."

Fields backed efforts to modernize the chain and make its food more healthful. But many of those programs — once considered innovative — have since been copied by competitors, and, worse, consumers' enthusiasm didn't last.

Last month, McDonald's same-store sales tumbled 2.2% in the U.S. and 1.8% globally compared with a year earlier, the company's first such slide in nine years.

The numbers spooked investors already wary over the chain's slumping profits, which fell 3.5% in the third quarter, to $1.45 billion, and sank 4.5% the previous quarter compared with the same periods last year.

Shares slipped 57 cents Thursday to $84.05. The stock has fallen more than 16% so far this year. Before this year, though, it had soared about 60% during Fields' tenure.

Analyst Andy Barish at the brokerage Jefferies & Co. recently said the stock probably would continue its decline as investors question how quickly McDonald's can regain momentum globally and in its U.S. business.

The U.S. region is the company's largest by number of restaurants; Europe is the chain's top region by sales. Five years ago, McDonald's U.S. operations accounted for 60% of the company's operating profit, a percentage that fell to 40% last year.

Analysts doubt that McDonald's can outperform last year's strong sales, which were aided by unseasonably warm weather. They also think the chain's global expansion plans and multibillion-dollar remodeling push may have stretched its cash thin.

Fields, who started out making French fries at McDonald's 35 years ago, rose through the ranks and has been called one of the world's most powerful women on lists compiled by Forbes, Fortune and other financial publications.

In 2010, she replaced Don Thompson as president of U.S. operations. Thompson became McDonald's chief executive five months ago.

Fields was credited with helping to expand McDonald's McCafe premium beverage menu, updating its restaurants, reworking the Happy Meal to be more healthful and disclosing calorie counts at the chain's 14,000 American outlets.

All were "universally successful initiatives" and often the first of their kind in the industry, analyst Samadi said.

In recent months, McDonald's rolled out its popular Monopoly promotion, pumped up Dollar Menu advertising, teased the upcoming return of the McRib and launched new products such as the higher-end Cheddar Bacon Onion sandwich.

But the Oak Brook, Ill., burger behemoth has struggled to overcome the competitive pressures that have emerged since the recession, losing ground to rivals ramping up their efforts to refresh their brands.

Burger King, for instance, unveiled a menu mirroring many of McDonald's more healthful, higher-end options, such as salads, smoothies and wraps. Wendy's, under the leadership of its new chief executive, has taken similar steps.

Coffee and breakfast chains such as Starbucks, Krispy Kreme and Dunkin' Donuts have boosted their marketing dollars, threatening to poach customers of McDonald's McCafe line.

Kids meals with toys — a McDonald's mainstay at a premium price — are losing their clout as young families pinch pennies and children turn more to digital games, according to a report this year by research firm NPD Group.

"Kids are so advanced in terms of technology that the premium that comes with a kids meal today isn't as appealing to them as it once was," NPD analyst Bonnie Riggs said.

McDonald's recent efforts to disclose more nutritional data met with mixed reactions from parents and health advocates and have become "a double-edged sword" by making it "more obvious that the food is not that good for you," said Jason Moser, an analyst with the Motley Fool.

The weaknesses have allowed upscale fast-casual brands such as Smashburger and Five Guys Burgers and Fries to draw customers away with promises of sustainably sourced ingredients and more well-rounded meals.

"For a long time, McDonald's was the only one consistently innovating and introducing new products," IBISWorld's Samadi said. "They were far and away ahead of all their competition.

"But that gap is starting to close, and now there's much less differentiation for McDonald's."

tiffany.hsu@latimes.com

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Tax hikes, improving economy bode well for state budget

SACRAMENTO — Although a modest deficit will linger into next year, California's finances are poised for marked improvement as the state reaps the benefits of newly approved taxes and the economy continues to recover, the Legislature's top budget advisor said Wednesday.

Schools can expect more money eventually, and the state may even start to see surpluses, according to Legislative Analyst Mac Taylor, who provides nonpartisan counsel to lawmakers. He said a healthier budget should then allow officials to turn their attention to California's other chronic financial issues, such as an unstable tax base and an expensive debt burden.

In a report released Wednesday, his office estimates that state officials will need to close a $1.9-billion budget gap in the spending plan they pass next summer, about one-eighth of the problem they faced this year. The gap is smaller than it might have been because state officials, as part of a regular process, recalculated how much tax revenue arrived in recent years, resulting in a $1.4-billion boost.

A big chunk of the remaining deficit is due to the lagging stock price of Facebook, which went public this year. The analyst's office said there would be $626 million less in tax revenue than expected from the initial public offering. The state also is saving far less from closing redevelopment agencies than officials had projected.

Nonetheless, Gov. Jerry Brown hailed the analyst's forecast.

"This report validates the hard work the state has done to cut its deficit and balance its budget over the long term," he said in a statement. "California is now on the path for a fair and sustainable budget as long as we continue to exercise fiscal discipline and pay down debt."

Chipping away at California's most intractable budget problems has been Brown's primary goal since beginning his second tour of duty in Sacramento in 2010.

On election day last week, voters approved Proposition 30, the governor's plan to temporarily raise the sales tax and income taxes on high earners, providing an estimated $6 billion annually for state coffers. Voters also passed Proposition 39, which changes the corporate tax code to raise an estimated $1 billion a year for the general fund and clean energy projects.

Within six years, the report said, California could find itself with a $9-billion surplus, a stark turnaround after many years of severe budget deficits. But continuing financial challenges could quickly eat up any extra money.

Taylor said surplus dollars may be used to shore up the underfunded public pension system or pay back more debt. "We still have a lot of catching up to do," he said.

There will also be intense pressure from activists to restore funding to social services cut during many budget crises.

"We're turning the corner," said Chris Hoene, executive director of the California Budget Project in Sacramento, a think tank that advocates for low-income families. "We should approach the budget with some cautious optimism."

Despite the improved financial outlook, Taylor said the state will probably burn through its existing reserve of nearly $1 billion and end up with a nearly $1-billion deficit by the end of the current fiscal year.

Most of the problem, he said, is the lack of savings from dissolving redevelopment agencies. The state may reap only $1.4 billion, he said, less than half of the Brown administration's estimate.

Facebook, once expected to provide California with a tax windfall, has also been a disappointment. Brown administration officials expected to reap $1.9 billion in taxes by the end of the current fiscal year from the company's initial public offering, but the report issued Wednesday said they should count on only $1.25 billion.

Kim Rueben, a senior fellow at the nonpartisan Tax Policy Center in Washington, D.C., said California needs to be more careful when dealing with potential tax windfalls like Facebook, perhaps routing the money to a separate reserve fund.

"You don't want it to be in your day-to-day budget," she said.

chris.megerian@latimes.com

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Erdrich wins National Book Award for fiction

NEW YORK (AP) — The National Book Awards on Wednesday honored both longtime writers and new authors, from Louise Erdrich for "The Round House" to Katherine Boo for her debut work, "Beyond the Beautiful Forevers."

Erdrich, 58, has been a published and highly regarded author for nearly 30 years but had never won a National Book Award until being cited Wednesday for her story about an Ojibwe boy and his quest to avenge his mother's rape. A clearly delighted and surprised Erdrich, who's part Ojibwe, spoke in her tribal tongue and then switched to English as she dedicated her fiction award to "the grace and endurance of native people."

Boo's nonfiction book, set in a Mumbai slum, also is a story of a boy and his harsh and illuminating education in the consequences of crime or perceived crime. The author, a Pulitzer Prize-winning journalist currently on staff with The New Yorker, said she was grateful for the chance to live in a world she "didn't know" and for the chance to tell the stories of those otherwise ignored. She praised a fellow nominee and fellow Pulitzer-winning reporter, the late Anthony Shadid, for also believing in stories of those without fame or power.

Poetry winner David Ferry is a year older than one of the night's honorary recipients, Elmore Leonard. Ferry, 88, won for "Bewilderment: New Poems and Translations," a showcase for his versatile style. He fought back tears as he confided that he thought there was a chance for winning because he "was so much older" than the other nominees. He called the award a "pre-posthumous" honor.

The other competitive prize Wednesday went to William Alexander, whose "Goblin Secrets" won for young people's literature.

Alexander quoted fellow fantasy writer Ursula Le Guin in highlighting the importance of stories for shaping kids' imaginations and making the world a larger place than the one they live in.

"We have to remember that," Alexander said.

The ceremony went smoothly even though Superstorm Sandy badly damaged the offices of the award's organizer, the National Book Foundation, whose staffers had to work with limited telephone and mail access.

Winners, chosen by panels of fellow writers, each received $10,000. Judges looked through nearly 1,300 books.

Honorary prizes were given to Leonard and New York Times publisher and chairman Arthur O. Sulzberger Jr.

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F.D.A. Seeks More Control Over Drug Compounders

Susan Walsh/Associated Press

Barry Cadden, chief pharmacist for the company that made the contaminated drugs, at a Congressional hearing on Wednesday.

WASHINGTON — The commissioner of the Food and Drug Administration on Wednesday called on Congress to empower the agency to better police compounding pharmacies like the one at the center of a national meningitis outbreak. But Republican lawmakers pushed back, arguing that the agency has enough authority, leaving it unclear whether the House would support efforts to increase oversight.

In a contentious hearing of the House Committee on Energy and Commerce, the commissioner, Dr. Margaret Hamburg, testified that a tangle of conflicting court decisions and the lack of a clear definition of compounding in the law had limited the agency’s ability to build a case against compounding pharmacies that fail to meet basic safety standards.

“There is an enormous lack of clarity, and we should seize this opportunity to address it,” Dr. Hamburg said.

In many cases, such pharmacies are not required to give investigators access to their books, agency officials say. Federal regulators sometimes have to appeal to local courts to gain access to the pharmacies or their records, although, by law, large drug manufacturers must submit to regular inspections. Compounding pharmacies are now regulated primarily by the states.

Dr. Hamburg’s remarks signaled that the Obama administration will press for new legislation in response to the meningitis outbreak, which was caused by contaminated pain medication made by a compounding pharmacy in Massachusetts. So far, 461 people have fallen ill, and 32 of them have died.

The central question is whether the F.D.A. has enough power to crack down on large-scale compounding companies that behave more like drug manufactures than the neighborhood pharmacies that mix medicines for individual patients — the traditional purview of compounders.

Republicans on the committee said the outbreak appeared to have been preventable under existing regulations.  

“After a tragedy like this, the first question we all ask is, ‘Could this have been prevented?’ ” said Representative Cliff Stearns, Republican of Florida, who is chairman of the Subcommittee on Oversight and Investigations. After reviewing documents, he said, “The answer appears to be yes.”

The agency’s critics maintain that the 1938 Food Drug and Cosmetic Act provides it with plenty of authority, but that the F.D.A. failed to use it to shut down the Massachusetts pharmacy, the New England Compounding Center.  

Barry Cadden, the chief pharmacist at the company, and one of the principal owners, invoked his Fifth Amendment right to remain silent in response to every question posed to him during the hearing.

The agency has had dealings with the compounding center in the past, including an inspection in 2002 after reports of problems and a warning letter to the company in 2006. The agency argued that those steps failed to head off the meningitis outbreak in part because the company took advantage of gray areas in the law to elude oversight.

 “Throughout this time, N.E.C.C. has repeatedly disputed F.D.A.’s jurisdiction over its facility,” Dr. Hamburg said in her written testimony.

Republicans on the committee repeatedly cited the 2006 warning letter and the agency’s recent criminal investigation, which involved federal agents seizing computers from the company’s offices.

“We’re just not buying it, doctor,” said Representative Michael C. Burgess, Republican of Texas. “You lack the authority to do anything, yet you send a letter like this?”

Democrats came to Dr. Hamburg’s defense.

 “We need to work together to come up with a solution, but instead what I’m hearing from my Republican colleagues is they want to prosecute the Food and Drug Administration,” said Representative Henry A. Waxman, Democrat of California. “If there’s any ambiguity, it’s our job to clear it up. Why are we looking for anybody to blame other than the company?”

Representative Edward J. Markey, Democrat of Massachusetts, who has proposed legislation to close what he calls regulatory loopholes, said he believed the committee would eventually come together and pass a bill.

Dr. Hamburg proposed requiring large-scale compounders to register with the F.D.A. and report any problems with their products to the agency. She also recommended new labeling requirements that would make clear the origin and the risks of compounded drugs.

Large-scale pharmacy compounding has greatly expanded since the early 1990s, partly because hospitals are increasingly outsourcing the making of the compounded drugs that they need and also because of widespread shortages of medicines made by the big drug manufacturers.

Jess Bidgood contributed reporting from Boston.

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Looming 'fiscal cliff' bringing Wall Street, Obama back together

NEW YORK — There are growing signs that Wall Street is trying to mend its rocky relationship with a president who castigated them as "fat cats" and ushered through tough new regulations after the financial crisis.

JPMorgan Chase & Co. Chief Executive Jamie Dimon has recently been in contact with the White House and congressional leaders, while Goldman Sachs CEO Lloyd Blankfein publicly called for a new "spirit of compromise and reconciliation." CEOs of 12 major American companies also held a closed-door meeting with President Obama on Wednesday.

The looming "fiscal cliff" is bringing businesses and Obama back together. Both sides are worried that Congress won't strike a deal to avoid the automatic budget cuts and tax increases that economists fear will plunge the nation into a recession early next year.

"He is the president — the election is over," said Kathryn Wylde, president and chief executive of the Partnership for New York City, a nonprofit organization that represents major financial firms and other companies. "The Wall Street community wants to unite behind a strong president."

Wall Street might have overwhelmingly supported Mitt Romney's presidential campaign with donations, but executives have been quietly working behind the scenes with administration officials for months, Wylde said.

Quiz: How much do you know about the "fiscal cliff"?

They have been helping build support for raising revenue — higher taxes — as part of a deal that would include spending cuts and entitlement reform. Getting CEOs on board could help provide "political cover" to congressional Republicans who in previous fiscal fights have thwarted deals with Obama.

"That's where their charm is real," said Jeff Connaughton, a former lobbyist and congressional aide who wrote the book "The Payoff: Why Wall Street Always Wins." "If they actually helped soften up the Republicans on being OK with raising revenue, that's where they could pile up some real brownie points with Obama."

Wall Street executives have been reaching out to both sides of the aisle now that the contentious election is over.

In an opinion piece published in the Wall Street Journal, Goldman CEO Blankfein urged corporations and the Obama administration to work closer together. He also backed tax increases for wealthy Americans so long as the government is serious about cutting government spending.

Dimon, who has sometimes been a critic of Obama, met with White House Chief of Staff Jack Lew last month. He also has reached out to congressional leaders about preventing a fiscal crisis, according to a person familiar with the matter who was not authorized to speak publicly.

As part of that charm offensive, Dimon even called Elizabeth Warren to congratulate her on being elected a U.S. senator from Massachusetts. Warren has been a fierce critic of the banking industry, and earlier this year called for Dimon to step down as a New York Federal Reserve board member because of a perceived conflict of interest.

Warren declined to comment on her phone call with Dimon. But she — like others on Capitol Hill on Wednesday — welcomed the Wall Street executives' urgency to resolve the fiscal cliff. "I think they have enormous value to add to the discussions," she said.

CEOs talking about a willingness to accept more taxes is crucial in helping to reduce the overall rancor in Washington, Sen. Charles E. Schumer (D-N.Y.) said. When Republicans start talking about additional tax revenue, "We need somebody else to have their back, and the business community is a great place" to do that, he said.

Sen. Lamar Alexander (R-Tenn.) said business leaders can help spur a deal by warning of the economic consequences of allowing the government to go over the fiscal cliff.

"The election's over and the issue is fixing the debt," Alexander said. "They can create an environment in which senators and congressman are willing to take difficult votes on fixing the debt, because it's going to be hard dirty work, very unpopular, once people see the details of it, but it absolutely has to be done."

At the White House on Wednesday, chief executives met with President Obama for more than an hour to discuss topics such as the fiscal cliff. They mostly listened and tried to give the president constructive feedback on issues facing America's biggest businesses, according to participants.

CEOs believe that the uncertainty is hurting the nation's business climate and preventing hiring. They have urged Congress to extend the tax cuts first championed by President George W. Bush. Obama wants to do so for all but the highest income earners.

Ursula Burns, the CEO of Xerox Corp., said the meeting did not get into specifics such as tax rates. But she noted that any deal would involve working through "some sticky issues."

"This is all about trying to make American business more competitive, trying to have a fair, balanced approach to tax reform, to spending cuts. And the president was very clear that he wants a fair, balanced approach," Burns told reporters after the meeting.

"We were very clear that if we can help him to get to a solution we are absolutely behind him, because going over the cliff is not something that any of us in the room could live with," she said.

andrew.tangel@latimes.com

jim.puzzanghera@latimes.com

Tangel reported from New York and Puzzanghera from Washington.

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GOP senators cool to idea of Susan Rice as secretary of State

WASHINGTON — Senate Republicans signaled stiffening resistance Tuesday to the Obama administration's possible nomination of U.N. Ambassador Susan Rice to replace Hillary Rodham Clinton as secretary of State.

GOP strategists said lawmakers would use such a nomination as an opening for an extended examination of how the administration handled the Sept. 11 militant attack on the U.S. mission in Benghazi, Libya, that killed four Americans, including the U.S. ambassador. Although the Senate rarely rejects a president's Cabinet picks, the strategists said, the process could be so painful and lengthy that Obama might come to regret his choice.

A senior Republican aide said he couldn't predict whether the nomination would be voted down, but "the question is, is this worth spending political capital and taking punches on a subject they'd like to distance themselves from?"

"Whether it's fair to her or not, she's become a poster child for perceptions that there's been a coverup by the administration," he said, speaking anonymously because he was not authorized to address the topic publicly.

Some Senate Republicans have already begun discussing how they would question Rice, he said, and plan to gather information from House Republican colleagues to bore in on questions they say the administration has not yet satisfactorily answered.

Sen. Jon Kyl (R-Ariz.), the No. 2 Senate Republican, told reporters he considered Rice "tainted" by her role in the administration's handling of Benghazi, and recommended that the White House instead choose Sen. John F. Kerry (D-Mass.), chairman of the Senate Foreign Relations Committee, whom administration officials have also been considering for the diplomatic post.

Administration officials said that Rice, a pillar of Obama's foreign policy team since the 2008 election campaign, was a leading candidate for the post, and that they would not be deterred by Republican warnings. Officials and some others familiar with the process predicted that the GOP would eventually end its resistance to Rice because it would become clear that her disputed comments after the attack were prepared by other U.S. officials for her appearances on Sept. 16 talk shows.

Rice said in those TV appearances that the attack was motivated by anger at a U.S.-made film trailer that denounced the prophet Muhammad, and that it was not a planned assault.

Sen. Bob Corker (R-Tenn.), who is expected to become the ranking minority member of the Senate Foreign Relations Committee, found it "beyond belief" that Rice could have described the attack as motivated by anger over the film, when U.S. officials in Benghazi had told officials in Washington during the attack that it was a terrorist assault.

"I still don't know how anybody of that capacity could have been on television five days later saying the things that were said," Corker said. "I don't know how that could happen."

On Sunday, Sen. Lindsey Graham of South Carolina, an influential Republican on foreign policy issues, predicted that Rice's nomination would have a difficult time making it through the Senate. He said he would not vote for Rice unless she provided more satisfactory explanations of her actions.

A single senator can hold up a nomination if he or she is determined to do so. But a more likely avenue to blocking confirmation would be with a filibuster, aides said. Sixty votes are required to end a filibuster — more than the number of senators in the Democratic caucus.

Senate aides said the Republican caucus, which is regrouping after the election defeat, might decide that shooting down Obama's choice would be a way of underscoring its unhappiness with the administration's treatment of the Benghazi issue. But historically, the Senate has deferred to presidents on Cabinet picks, and Republicans would run the risk of looking unreasonable.

Clinton's intention to leave the post has been public for more than a year, and the candidacies of Rice and Kerry have been discussed for months. Both are interested in the job.

The Washington Post reported Tuesday that Rice was the leading candidate for the diplomatic post and Kerry, a Vietnam veteran, was under consideration as secretary of Defense. If Kerry took either post, Republicans would have a chance to win his Senate seat in a special election — further narrowing the Democrats' majority.

Sources who have been familiar with past nominations say that Obama confers with only a small circle on his top choices, and sometimes emerges with surprise selections. Jim Yong Kim, Obama's choice to head the World Bank, was one such case.

As a second-term president, Obama has wide latitude to pick the candidate he believes will best serve his interests. He is under less pressure to satisfy political constituencies, some Democrats pointed out.

Jay Carney, the White House press secretary, declined to comment on the nomination, but said Obama believed Rice had done an "excellent job" at the United Nations.

paul.richter@latimes.com

Michael Memoli and Christi Parsons in the Washington bureau contributed to this report.

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RIM to release new BlackBerrys soon after Jan. 30

TORONTO (AP) — Research In Motion Ltd. will release its much-delayed BlackBerry 10 smartphones “not too long” after a launch event on Jan. 30, a senior executive said Tuesday.

Chief Operating Officer Kristian Tear said the company is still fine-tuning the new phones.

The new phones are seen as critical to RIM‘s survival as the smartphone pioneer struggles in North America to hold on to customers who are abandoning BlackBerrys for flashier iPhones and Android phones. The new BlackBerry 10 system is designed for the touch screen, Internet browsing and apps experience that customers now expect. RIM’s current software is still focused on email and messaging and is less user-friendly, agile and robust than iPhone or Android.

On Monday, RIM said details on the BlackBerry 10, including specific availability, will be announced at the event. A touch-screen-only device is expected to be released first followed shortly after by a version with a physical keyboard. Many people still gravitate to BlackBerrys specifically for their physical keyboards, and RIM hasn’t succeeded in the past with touch-only offerings.

Tear said RIM wants to be the No. 1 mobile computing platform, despite the dominance of Apple and Android. He said the Waterloo, Ontario-based company believes it can compete with Silicon Valley because it has access to a lot of talented people and two great universities in the area. He said he’s been involved in two turnarounds before with Sony Ericsson and Ericsson and believes in RIM’s new management.

“It’s not going to be easy,” Tear said. “But everybody is super-focused and super-commited. We’re going to show the world that we are turning this around.”

Steve Zipperstein, RIM’s new chief legal officer, said RIM invented the smartphone and has been the innovator in the mobile space for a long time.

“We’re not going away,” Zipperstein vowed. “We’re going to succeed with BB 10. We’re going to impress our customers. We’re going to fight every day.”

Tear and Zipperstein were hired this past summer by CEO Thorsten Heins, who took over RIM in January after it lost tens of billions of dollars in market value. Heins had vowed to do everything he could to release BlackBerry 10 this year but said in June that the timetable wasn’t realistic. The new BlackBerrys will be released after the holiday shopping season and well after Apple’s September launch of the iPhone 5.

Heins is counting on BlackBerry 10 for a turnaround.

RIM’s platform transition is happening under a new management team and as RIM lays off 5,000 employees as part of a bid to save $ 1 billion this year.

RIM was once Canada‘s most valuable company with a market value of more than $ 80 billion in 2008, but the stock has plummeted since, from over $ 140 per share to around $ 8. Its decline evokes memories of Nortel, another former Canadian tech giant, which declared bankruptcy in 2009.

RIM’s stock fell 41 cents, or 4.7 percent, to close at $ 8.40 Tuesday in New York after rising as high as $ 9.07 the previous day, when RIM announced its Jan. 30 launch date.

Gadgets News Headlines – Yahoo! News

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Man who accused Elmo puppeteer of teen sex recants

NEW YORK (AP) — A man who accused Elmo puppeteer Kevin Clash of having sex with him when he was a teenage boy has recanted his story.

In a quick turnabout, the man on Tuesday described his sexual relationship with Clash as adult and consensual.

Clash responded with a statement of his own, saying he is "relieved that this painful allegation has been put to rest." He had no further comment.

The man, who has not identified himself, released his statement through the Harrisburg, Pa., law firm Andreozzi & Associates.

Sesame Workshop, which produces "Sesame Street" in New York, soon followed by saying, "We are happy that Kevin can move on from this unfortunate episode."

The whirlwind episode began Monday morning, when Sesame Workshop startled the world by announcing that Clash had taken a leave of absence from "Sesame Street" in the wake of allegations that he had had a relationship with a 16-year-old.

Clash, a 52-year-old divorced father of a grown daughter, swiftly denied the charges of his accuser, who is in his early 20s. In that statement Clash acknowledged that he is gay but said the relationship had been between two consenting adults.

Though it remained unclear where the relationship took place, sex with a person under 17 is a felony in New York if the perpetrator is at least 21.

Sesame Workshop, which said it was first contacted by the accuser in June, had launched an investigation that included meeting with the accuser twice and meeting with Clash. Its investigation found the charge of underage conduct to be unsubstantiated.

Clash said on Monday he would take a break from Sesame Workshop "to deal with this false and defamatory allegation."

Neither Clash nor Sesame Workshop indicated on Tuesday when he might return to the show, on which he has performed as Elmo since 1984.

Elmo had previously been a marginal character, but Clash, supplying the fuzzy red puppet with a high-pitched voice and a carefree, child-like personality, launched the character into major stardom. Elmo soon rivaled Big Bird as the face of "Sesame Street."

Though usually behind the scenes, Clash meanwhile achieved his own measure of fame. In 2006, he published an autobiography, "My Life as a Furry Red Monster," and he was the subject of the 2011 documentary "Being Elmo: A Puppeteer's Journey."

He has won 23 daytime Emmy awards and one prime-time Emmy.

___

Online:

http://www.sesamestreet.org

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Kidney Donors Given Mandatory Safeguards

ST. LOUIS — Addressing long-held concerns about whether organ donors have adequate protections, the country’s transplant regulators acted late Monday to require that hospitals thoroughly inform living kidney donors of the risks they face, fully evaluate their medical and psychological suitability, and then track their health for two years after donation.

Enactment of the policies by the United Network for Organ Sharing, which manages the transplant system under a federal contract, followed six years of halting development and debate.

Meeting at a St. Louis hotel, the group’s board voted to establish uniform minimum standards for a field long regarded as a medical and ethical Wild West. The organ network, whose initial purpose was to oversee donation from people who had just died, has struggled at times to keep pace with rapid developments in donations from the living.

“There is no question that this is a major development in living donor protection,” said Dr. Christie P. Thomas, a nephrologist at the University of Iowa and the chairman of the network’s living donor committee.

Yet some donor advocates complained that the measures did not go far enough, and argued that the organ network, in its mission to encourage transplants, has a conflict of interest when it comes to safeguarding donors.

Three years ago, the network issued some of the same policies as voluntary guidelines, only to have the Department of Health and Human Services insist they be made mandatory.

Although long-term data on the subject is scarce, few living kidney donors are thought to suffer lasting physical or psychological effects. Kidney donations, known as nephrectomies, are typically done laparoscopically these days through a series of small incisions. The typical patient may spend only a few nights in a hospital and feel largely recovered after several months.

Kidneys are by far the most transplanted organs, and there have been nearly as many living donors as deceased ones over the last decade. What data is available suggests that those with one kidney typically live as long as those with two, and that the risk of a donor dying during the procedure is roughly 3 in 10,000.

But kidney transplants, like all surgery, can sometimes end in catastrophe.

In May at Montefiore Medical Center in the Bronx, a 41-year-old mother of three died when her aorta was accidentally cut during surgery to donate a kidney to her brother. In other recent isolated cases, patients have received donor kidneys infected with undetected H.I.V. or hepatitis C.

Less clear are any longer-term effects on donors. Research conducted by the United Network for Organ Sharing shows that of roughly 70,000 people who donated kidneys between late 1999 and early 2011, 27 died within two years of medical causes that may — or may not — have been related to donation. For a small number of donors, their remaining kidney failed, and they required dialysis or a transplant.

The number of living donors — 5,770 in 2011 — has dropped 10 percent over the last two years, possibly because the struggling economy has made it difficult for prospective donors to take time off from work to recuperate. With the national kidney waiting list now stretching past 94,000 people, and thousands on the list dying each year, transplant officials have said they must improve confidence in the system so more people will donate.

The average age of donors has been rising, posing additional medical risks. And new ethical questions have been raised by the emergence of paired kidney exchanges and transplant chains started by good Samaritans who give an organ to a stranger.

Brad Kornfeld, who donated a kidney to his father in 2004, told the board that it had been impossible to find good information about what to expect, leaving him to search for answers on unreliable Internet chat rooms. He said he had almost backed out.

“If information is power,” said Mr. Kornfeld, a Coloradan who serves on the living donor committee, “the lack of information is crippling.”

Under the policies approved this week, the organ network will require hospitals to collect medical data, including laboratory test results, on most living donors to study lasting effects. Results must be reported at six months, one year and two years.

Similar regulations have been in place since 2000, but they did not require blood and urine testing, and hospitals were allowed to report donors who could not be found as simply lost.

That happened often. In recent years, hospitals have submitted basic clinical information — like whether donors were alive or dead — for only 65 percent of donors and lab data for fewer than 40 percent, according to the organ network. Although the network holds the authority, no hospital has ever been seriously sanctioned for noncompliance.

“It’s time we put some teeth into our policy,” said Jill McMaster, a board member from Tennessee.

By 2015, transplant programs will have to report thorough clinical information on at least 80 percent of donors and lab results on at least 70 percent. The requirements phase in at lower levels for the next two years.

Dr. Stuart M. Flechner of the Cleveland Clinic, the chairman of a coalition of medical societies that made recommendations to the organ network, said 9 of 10 hospitals would currently not meet the new requirement.

Donna Luebke, a kidney donor from Ohio who once served on the organ network’s board, said the new standards would matter only if enforcement were more rigorous. She noted that the organization was dominated by transplant doctors: “UNOS is nothing but the foxes watching the henhouse,” she said.

Another of the new regulations prescribes in detail the medical and psychological screenings that hospitals must conduct for potential donors. It requires automatic exclusion if the potential donor has diabetes, uncontrolled hypertension or H.I.V., among other conditions.

The new policies also require that hospitals appoint an independent advocate to counsel and represent donors, and that donors receive detailed information in advance about medical, psychological and financial risks.

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McAfee proclaims innocence, alters look to evade Belize police

In another twist to an already bizarre story, the founder of the McAfee anti-virus software company contacted an American journalist Tuesday to maintain his innocence and chronicle how he has been evading police.

John McAfee, 67, has been missing since Sunday morning, when his next-door neighbor Gregory Faull, 52, was found dead in a pool of blood in a Belize beachfront home. On Tuesday, McAfee contacted Wired contributing editor Joshua Davis and said he's on the run, scared for his life — and did not commit murder.

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Belize police on Sunday said they wanted to question McAfee in what they described as a homicide investigation.

Davis tweeted the salient details, including the former CEO saying he feared being killed in custody and — when power was cut to his hiding spot — the grim summation that "this is it."

"Under no circumstances am I going to willingly talk to the police in this country," McAfee reportedly told the editor at the technology magazine. "You can say I'm paranoid about it but they will kill me, there is no question. They've been trying to get me for months. They want to silence me. I am not well liked by the prime minister. I am just a thorn in everybody's side."

As police raided his compound Sunday, McAfee told the writer that he hid in the sand with a cardboard box over his head so he could breathe, and spent the night on a mattress infested with lice. He has continued to change locations, according to the writer's tweets.

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"It was extraordinarily uncomfortable," McAfee told Wired. "But they will kill me if they find me."

Belize police urged McAfee to come forward Tuesday, saying he is only a person of interest, rather than a murder suspect. The police said they have detained an individual but declined to discuss details, citing the ongoing investigation.

Police have a vendetta against him, McAfee told Wired, and are trying to drive him out of Belize.

McAfee made his fortune when the anti-virus company that bears his name went public in 1992. He netted $100 million two years later when he sold his stock. Over the next 20 years, $100 million dropped to $4 million as he lost money to real estate investments, bad business ventures and bonds linked to Lehman Bros.

About five years ago, McAfee moved to a beachfront compound on Ambergris Caye island to lower his taxes, said Daniel Guerrero, the mayor of the town closest to the crime scene.

Belize police arrested McAfee in April and charged him with unlicensed drug manufacturing and possession of an unlicensed weapon, according to police news releases. McAfee said at the time that he planned to sue for false arrest, alleging the police arrested him because he refused to donate money to a local official.

Last week, Faull — a retired contractor from Florida — filed a complaint against McAfee with the local city council, Guerrero said. McAfee's security guards were trespassing on Faull's property, and McAfee's guard dogs were attacking passers-by, Faull's complaint said.

Faull's two-story apartment showed no signs of forced entry. A laptop and iPhone were missing, and police found a 9-millimeter Luger shell casing on the stairs, spokesman Raphael Martinez said.

Police believe McAfee is still in the country but have had little success in tracking him down, perhaps due in part to the latest information he shared with Davis — that he has radically altered his appearance.

laura.nelson@latimes.com

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Prescription deaths: Lawmaker wants cases reported to Medical Board

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The chairman of a state Senate committee that oversees the Medical Board said Monday he would introduce a bill requiring coroners to report all prescription drug deaths to the agency — a move aimed at helping authorities identify doctors whose prescribing practices may be harming patients.

Sen. Curren D. Price Jr., responding to a Times' report that authorities have failed to recognize how often people overdose on medications prescribed by their doctors, said the medical board needed coroners reports to improve oversight of potentially dangerous practices.

“There appears to be a disconnect between coroners and the Medical Board,” Price (D-Los Angeles), said in an interview. “Hopefully legislation will tighten that up and provide the kind of accountability we all expect.”

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The Times investigation published Sunday found that in nearly half of the accidental deaths from prescription drugs in four Southern California counties, the deceased had a doctor's prescription for at least one drug that caused or contributed to the death.

The investigation identified 3,733 deaths that involved prescription drugs in Los Angeles, Orange, San Diego and Ventura counties from 2006 through 2011. In 1,762 of those cases — 47% — drugs for which the deceased had a prescription were the sole cause or a contributing cause of death.

The Times found that prescription drug deaths often involved multiple drugs, sometimes prescribed by more than one doctor. In some cases, the deceased also mixed prescribed drugs with illegal drugs, alcohol or both.

The paper identified 71 Southern California physicians who prescribed drugs to three or more patients who later fatally overdosed. The doctors were primarily pain specialists, general practitioners and psychiatrists.

Price said that although there may be legitimate reasons for a doctor's prescriptions being linked to a death, “it’s cause for some further review.”

“I think a red flag goes up any time you have one [doctor] involved in several deaths,” he said. “And I think an investigation is not only warranted but called upon by the public.”

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