After early start, worst of flu season may be over

NEW YORK (AP) — The worst of the flu season appears to be over.

The number of states reporting intense or widespread illnesses dropped again last week, and in a few states there was very little flu going around, U.S. health officials said Friday.

The season started earlier than normal, first in the Southeast and then spreading. But now, by some measures, flu activity has been ebbing for at least four weeks in much of the country. Flu and pneumonia deaths also dropped the last two weeks, the Centers for Disease Control and Prevention reported.

"It's likely that the worst of the current flu season is over," CDC spokesman Tom Skinner said.

But flu is hard to predict, he and others stressed, and there have been spikes late in the season in the past.

For now, states like Georgia and New York — where doctor's offices were jammed a few weeks ago — are reporting low flu activity. The hot spots are now the West Coast and the Southwest.

Among the places that have seen a drop: Lehigh Valley Hospital-Cedar Crest in Allentown, Pa., which put up a tent outside its emergency room last month to help deal with the steady stream of patients. There were about 100 patients each day back then. Now it's down to 25 and the hospital may pack up its tent next week, said Terry Burger, director of infection control and prevention for the hospital.

"There's no question that we're seeing a decline," she said.

In early December, CDC officials announced flu season had arrived, a month earlier than usual. They were worried, saying it had been nine years since a winter flu season started like this one. That was 2003-04 — one of the deadliest seasons in the past 35 years, with more than 48,000 deaths.

Like this year, the major flu strain was one that tends to make people sicker, especially the elderly, who are most vulnerable to flu and its complications

But back then, that year's flu vaccine wasn't made to protect against that bug, and fewer people got flu shots. The vaccine is reformulated almost every year, and the CDC has said this year's vaccine is a good match to the types that are circulating. A preliminary CDC study showed it is about 60 percent effective, which is close to the average.

So far, the season has been labeled moderately severe.

Like others, Lehigh Valley's Burger was cautious about making predictions. "I'm not certain we're completely out of the woods," with more wintry weather ahead and people likely to be packed indoors where flu can spread around, she said.

The government does not keep a running tally of flu-related deaths in adults, but has received reports of 59 deaths in children. The most — nine — were in Texas, where flu activity was still high last week. Roughly 100 children die in an average flu season, the CDC says

On average, about 24,000 Americans die each flu season, according to the CDC.

According to the CDC report, the number of states with intense activity is down to 19, from 24 the previous week, and flu is widespread in 38 states, down from 42.

Flu is now minimal in Florida, Kentucky, Maine, Montana, New Hampshire and South Carolina.

___

Online:

CDC: http://www.cdc.gov/flu/

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IHT Rendezvous: Drones, Brennan and Obama's Legacy of Secrecy

NEW YORK — John O. Brennan’s testimony before the Senate Intelligence Committee on Thursday was representative of the Obama administration’s approach to counter-terrorism: right-sounding assurances with little transparency.

Mr. Brennan, the president’s choice to be the next head of the Central Intelligence Agency, said the United States should publicly disclose when American drone attacks kill civilians. He called water boarding “reprehensible” and vowed it would never occur under his watch. And he said that countering militancy should be “comprehensive,” not just “kinetic,” and involve diplomatic and development efforts as well.

What any of that means in practice, critics say, remains unknown.

Mr. Brennan failed to clearly answer questions about the administration’s excessive embrace of drone strikes and secrecy.

He flatly defended the quadrupling of drone strikes that has occurred on President Obama’s watch. He gave no clear explanation for why the public has been denied access to Justice Department legal opinions that give the president the power to kill U.S. citizens without judicial review. And his statement that the establishment of a special court to review the targeting of Americans was “worthy of discussion” was noncommittal.

Before the hearing administration officials defended the career CIA officer who has served as the president’s chief counter-terrorism adviser throughout his first term. A senior administration official who asked not be named said that Mr. Brennan has actively worked to reduce drone attacks and increase transparency.

Officials described him as a traditionalist who would move the CIA away from the paramilitary attacks that have come to define its mission since 2001. Instead, the agency would move back to espionage and hand over lethal strikes, including drone attacks, to the military’s Special Operations forces.

Over the last two years, drone strikes in Pakistan have, in fact, decreased by nearly two-thirds from a peak of 122 in 2010 to 48 last year, according to The New American Foundation. At the same time, strikes in Yemen have increased, killing an estimated 400 people including 80 civilians.

From his office in the basement of the White House, Mr. Brennan has been at the center of it all. Daniel Benjamin, who recently stepped down as the State Department’s top counterterrorism official, told the New York Times this week that Mr. Brennan had sweeping authority.

“He’s probably had more power and influence than anyone in a comparable position in the last 20 years,” said Mr. Benjamin. “He’s had enormous sway over the intelligence community. He’s had a profound impact on how the military does counterterrorism.”

Some former military and intelligence officials have warned that the administration’s drone strikes have shifted from an attempt to only target senior militants to a de facto bombing campaign against low-level fighters. They say such a policy creates high levels of public animosity toward the United States with questionable results.

In a recent interview with Reuters, retired Gen. Stanley McChrystal, the former commander of American forces in Afghanistan, said drones were useful tools, but they are “hated on a visceral level” in many countries and contribute to a “perception of American arrogance.”

In Thursday’s hearing, Mr. Brennan showed an awareness of how excessive use of force can be counterproductive. He also aggressively defended the need for the United States to abide by the rule of law, a vital practice if the US is going to ever gain popular support in the region.

In one of his strongest moments, Mr. Brennan flatly rejected suggestions by Senator Marco Rubio of Florida that U.S. officials should have pressured Tunisian officials to improperly detain a suspect in the fatal attack on the U.S. consulate in Benghazi, Libya. Mr. Brennan said Tunisian officials had no evidence linking the man to the incident.

“Senator, this country needs to make sure we are setting an example and a standard for the world,” he said, adding that Washington had to “respect the rights of these governments to enforce their laws independently.”

Mr. Brennan also argued that opponents of the program misunderstood it. He said the United States only used drone strikes as a “last resort,” and the administration goes through “agony” before launching drone strikes in order to avoid civilian casualties.

In truth, the administration’s insistence on keeping the drone program secret fuels public suspicion. Declaring a program “covert” when it is reported on by the global media on a daily basis is increasingly absurd: as Joshua Foust, an analyst and former U.S. intelligence official, has argued, keeping the program secret cedes the debate to critics who say the strikes only kill vast numbers of civilians.

It is easy to see why many analysts say the United States should continue to carry out drone strikes – they are a military necessity – but keep them to a minimum. And details such as why an attack is carried out, who is killed and any civilian casualties should be publicly disclosed.

Mr. Brennan’s statement that drone strikes have decimated al Qaeda’s core leadership in Pakistan’s tribal areas was largely accurate. But despite the increase in strikes under Mr. Obama, the attacks have failed to do the same to the Afghan and Pakistani Taliban operating out of the same area. Drone strikes will never be a silver bullet. They have created a stalemate in Pakistan, weakening militant groups but not eliminating them.

After the hearing, Sen. Dianne Feinstein, the Democratic chair of the Senate Intelligence Committee, said she was considering drafting legislation that would create a special court to review requests by the president to target Americans under certain circumstances. The new body would be similar to the court that currently reviews government requests to wiretap citizens.

Critics point out that the Obama administration has a long record of promising transparency and then embracing secrecy — from drone strikes to legal memos to unprecedented prosecutions of government officials for leaking to the news media.

Overall, Mr. Brennan impressed those watching yesterday. We will see if he moves the CIA and the administration toward greater transparency. What he and the president plan remains secret.

---

David Rohde is a columnist for Reuters, former reporter for The New York Times and two-time winner of the Pulitzer Prize. His forthcoming book, “Beyond War: Reimagining American Influence in a New Middle East” will be published in March 2013.

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Kate Upton Graces Sports Illustrated's Swimsuit Issue for a Second Time!

02/09/2013 at 09:30 AM EST

Kate Upton

Courtesy of Sports Illustrated

Brrr ... that's hot!

For the second year in a row, model Kate Upton appears on the cover of Sports Illustrated's Swimsuit Issue, which goes on sale Tuesday.

The magazine shared the news – and that steamy photo – via Twitter on Friday night, writing, "POLAR BARE: @KateUpton in Antarctica is your 2013 SI Swimsuit Cover Model!"

And unlike last year, this time around Upton, 20, is slightly more covered up – OK, not really – in her Antarctica-themed shoot. The cover finds the model posing in a white jacket, unzipped, with a fur hood and bikini bottom on a boat.

The issue also promises photos of models from all seven continents.

According to the magazine, Upton is expected to appear on The Late Show with David Letterman on Monday night – along with nine other swimsuit models – to promote the issue.

Not since Tyra Banks in 1996 and 1997 has a model graced two back-to-back Swimsuit Issue covers.

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After early start, worst of flu season may be over

NEW YORK (AP) — The worst of the flu season appears to be over.

The number of states reporting intense or widespread illnesses dropped again last week, and in a few states there was very little flu going around, U.S. health officials said Friday.

The season started earlier than normal, first in the Southeast and then spreading. But now, by some measures, flu activity has been ebbing for at least four weeks in much of the country. Flu and pneumonia deaths also dropped the last two weeks, the Centers for Disease Control and Prevention reported.

"It's likely that the worst of the current flu season is over," CDC spokesman Tom Skinner said.

But flu is hard to predict, he and others stressed, and there have been spikes late in the season in the past.

For now, states like Georgia and New York — where doctor's offices were jammed a few weeks ago — are reporting low flu activity. The hot spots are now the West Coast and the Southwest.

Among the places that have seen a drop: Lehigh Valley Hospital-Cedar Crest in Allentown, Pa., which put up a tent outside its emergency room last month to help deal with the steady stream of patients. There were about 100 patients each day back then. Now it's down to 25 and the hospital may pack up its tent next week, said Terry Burger, director of infection control and prevention for the hospital.

"There's no question that we're seeing a decline," she said.

In early December, CDC officials announced flu season had arrived, a month earlier than usual. They were worried, saying it had been nine years since a winter flu season started like this one. That was 2003-04 — one of the deadliest seasons in the past 35 years, with more than 48,000 deaths.

Like this year, the major flu strain was one that tends to make people sicker, especially the elderly, who are most vulnerable to flu and its complications

But back then, that year's flu vaccine wasn't made to protect against that bug, and fewer people got flu shots. The vaccine is reformulated almost every year, and the CDC has said this year's vaccine is a good match to the types that are circulating. A preliminary CDC study showed it is about 60 percent effective, which is close to the average.

So far, the season has been labeled moderately severe.

Like others, Lehigh Valley's Burger was cautious about making predictions. "I'm not certain we're completely out of the woods," with more wintry weather ahead and people likely to be packed indoors where flu can spread around, she said.

The government does not keep a running tally of flu-related deaths in adults, but has received reports of 59 deaths in children. The most — nine — were in Texas, where flu activity was still high last week. Roughly 100 children die in an average flu season, the CDC says

On average, about 24,000 Americans die each flu season, according to the CDC.

According to the CDC report, the number of states with intense activity is down to 19, from 24 the previous week, and flu is widespread in 38 states, down from 42.

Flu is now minimal in Florida, Kentucky, Maine, Montana, New Hampshire and South Carolina.

___

Online:

CDC: http://www.cdc.gov/flu/

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Stocks end higher for sixth straight week, tech leads

NEW YORK (Reuters) - The Nasdaq composite stock index closed at a 12-year high and the S&P 500 index at a five-year high, boosted by gains in technology shares and stronger overseas trade figures.

The S&P 500 also posted a sixth straight week of gains for the first time since August.

The technology sector led the day's gains, with the S&P 500 technology index <.splrct> up 1.0 percent. Gains in professional network platform LinkedIn Corp and AOL Inc after they reported quarterly results helped the sector.

Shares of LinkedIn jumped 21.3 percent to $150.48 after the social networking site announced strong quarterly profits and gave a bullish forecast for the year.

AOL Inc shares rose 7.4 percent to $33.72 after the online company reported higher quarterly profit, boosted by a 13 percent rise in advertising sales.

Data showed Chinese exports grew more than expected, a positive sign for the global economy. The U.S. trade deficit narrowed in December, suggesting the U.S. economy likely grew in the fourth quarter instead of contracting slightly as originally reported by the U.S. government.

"That may have sent a ray of optimism," said Fred Dickson, chief market strategist at D.A. Davidson & Co in Lake Oswego, Oregon.

Trading volume on Friday was below average for the week as a blizzard swept into the northeastern United States.

The U.S. stock market has posted strong gains since the start of the year, with the S&P 500 up 6.4 percent since December 31. The advance has slowed in recent days, with fourth-quarter earnings winding down and few incentives to continue the rally on the horizon.

"I think we're in the middle of a trading range and I'd put plus or minus 5.0 percent around it. Fundamental factors are best described as neutral," Dickson said.

The Dow Jones industrial average <.dji> ended up 48.92 points, or 0.35 percent, at 13,992.97. The Standard & Poor's 500 Index <.spx> was up 8.54 points, or 0.57 percent, at 1,517.93. The Nasdaq Composite Index <.ixic> was up 28.74 points, or 0.91 percent, at 3,193.87, its highest closing level since November 2000.

For the week, the Dow was down 0.1 percent, the S&P 500 was up 0.3 percent and the Nasdaq up 0.5 percent.

Shares of Dell closed at $13.63, up 0.7 percent, after briefly trading above a buyout offering price of $13.65 during the session.

Dell's largest independent shareholder, Southeastern Asset Management, said it plans to oppose the buyout of the personal computer maker, setting up a battle for founder Michael Dell.

Signs of economic strength overseas buoyed sentiment on Wall Street. Chinese exports grew more than expected in January, while imports climbed 28.8 percent, highlighting robust domestic demand. German data showed a 2012 surplus that was the nation's second highest in more than 60 years, an indication of the underlying strength of Europe's biggest economy.

Separately, U.S. economic data showed the trade deficit shrank in December to $38.5 billion, its narrowest in nearly three years, indicating the economy did much better in the fourth quarter than initially estimated.

Earnings have mostly come in stronger than expected since the start of the reporting period. Fourth-quarter earnings for S&P 500 companies now are estimated up 5.2 percent versus a year ago, according to Thomson Reuters data. That contrasts with a 1.9 percent growth forecast at the start of the earnings season.

Molina Healthcare Inc surged 10.4 percent to $31.88 as the biggest boost to the index after posting fourth-quarter earnings.

The CBOE Volatility index <.vix>, Wall Street's so-called fear gauge, was down 3.6 percent at 13.02. The gauge, a key measure of market expectations of short-term volatility, generally moves inversely to the S&P 500.

"I'm watching the 14 level closely" on the CBOE Volatility index, said Bryan Sapp, senior trading analyst at Schaeffer's Investment Research. "The break below it at the beginning of the year signaled the sharp rally in January, and a rally back above it could be a sign to exercise some caution."

Volume was roughly 5.6 billion shares traded on the New York Stock Exchange, the Nasdaq and the NYSE MKT, compared with the 2012 average daily closing volume of about 6.45 billion.

Advancers outpaced decliners on the NYSE by nearly 2 to 1 and on the Nasdaq by almost 5 to 3.

(Additional reporting by Angela Moon; Editing by Bernadette Baum, Nick Zieminski, Kenneth Barry and Andrew Hay)

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India Ink: Calls Grow Louder for Politician Accused of Rape to Resign

KOCHI— Demands for a fresh investigation of an Indian politician accused of raping a teenager in 1996 gained momentum after the young woman’s mother urged the Congress Party’s leader to dismiss the lawmaker.

As a teenager, a woman from a small town called Suryanelli in Kerala was allegedly abducted and raped by 42 men over a period of 40 days in January and February of 1996. Among the suspects the girl identified was P.J. Kurien, then a member of Parliament and now the deputy chairman of the upper house of Parliament.

In an emotionally charged letter to Sonia Gandhi, the president of Congress Party, the woman’s mother called for Mr. Kurien, a Congress member, to be dismissed from his position in the Rajya Sabha.

“We believe that Mr. P.J. Kurien has exerted undue influence over the investigating officials in order to escape from the clutches of law, and he had succeeded in that,” she said in the letter, dated Thursday.

She also asked Mrs. Gandhi how Mr. Kurien could be allowed to preside over the legislative debate on criminal law amendments for tougher rape laws.

In a country outraged by the gang-rape of a 23-year-old physiotherapy student in Delhi and by the authorities’ failure to prevent and punish crimes against women, this latest rape case is being seen as yet another example of India’s slow justice system, where cases languish in courts for years. It has also focused attention on official corruption, which allows the wealthy and politically connected to influence police investigations.

For the last 17 years, the Kerala rape case has been winding its way through India’s judicial system. On Jan. 31, the Supreme Court ordered a retrial, overturning the acquittal of a majority of the 42 suspects in 2005 by the Kerala High Court, which said that the girl had not tried to escape.

The girl alleged that Mr. Kurien had raped her at a government guest house in the southern town of Kumily. But police failed to include him on the list of men she had accused, so she filed a private complaint before a magistrate in 1999, said Sureshbabu Thomas, a special prosecutor for the case against the rest of the men.

Mr. Kurien filed a petition to dismiss the case in the lower court, which rejected his request. He then filed his appeal with the Kerala High Court, which said there was insufficient evidence against Mr. Kurien. The state government of Kerala appealed to the Supreme Court, which sided with Mr. Kurien.

“All the others who were named by the victim had to appear in the court, but P.J. Kurien did not,” K.V. Bhadra Kumari, a women’s rights activist and a lawyer, said in a phone interview. “Let him also be tried and let the law take its course.”

The Kerala government has refused to investigate Mr. Kurien, saying that his case has been cleared by the Supreme Court, but that has only enraged those who want Mr. Kurien to stand trial.

Opposition leaders in Kerala, Mr. Kurien’s home state, disrupted state legislative assembly proceedings Friday, demanding that Mr. Kurien resign. Angry protests were also held in Kerala’s capital city of Thiruvananthapuram.

Mr. Kurien has refused to step down. “I have already offered myself for judicial scrutiny in 1990s. Why should I do so again?” Mr. Kurien told an Indian television channel NDTV. “Then the High Court and Supreme Court had exonerated me. A fresh investigation will be contempt of court.”

Kerala, one of the few states in India where women outnumber men, is considered one of India’s most progressive states because of its high literacy rates: 93.91 percent overall, and a female literacy rate of 91.98 percent. It also has a much higher rate of reported rapes than the national average and has one of the highest rates of reported crimes against women among India’s 26 states.

K. Ajitha, a former member of the Naxal movement who now serves as a director of Anweshi, a woman’s organization that fights gender-based violence, said that one of the crucial problems is that there is a well-connected criminal network in the state, which protects political leaders and influential people when they are accused of rape.

“The organized mafia traps young adolescent girls by spreading its tentacles to all fields — the political leadership, the police, the judiciary,” she said. “So a rape victim rarely receives justice.”

Two of Kerala’s most publicized cases of sexual assault, known in the media as the “Suryanelli” and the “Vithura” after the hometowns of the victims, have been pending for years.

The trial of the 45 men accused in the Vithura case, where a girl was allegedly gang raped in 1995, is still under way 18 years after the crime was first reported. The victim, now in her early 30s, has requested the courts to discontinue the trial, saying it was traumatic to relive the incidents over and over again. The Kerala High Court, however, has rejected the request.

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Meet Gisele Bündchen's Daughter Vivian

Mom & Babies
Celebrity Baby Blog

02/08/2013 at 09:00 AM ET

Courtesy Gisele Bündchen

Meet Vivian Lake Brady!

Gisele Bündchen introduces her and Tom Brady‘s 9-week-old daughter in a Facebook post Friday, sharing a photo as the family vacations in Hawaii.

“Love is everything!!!” the model, 32, writes. “Happy Friday, much love to all.”

Born at home in Boston on Dec. 5, Vivian joins big brothers Benjamin, 3, and John, 5.

“We feel so lucky to have been able to experience the miracle of birth once again and are forever grateful for the opportunity to be the parents of another little angel,” Bündchen and her New England Patriots quarterback husband, 35, wrote at the time.

RELATED: Tom Brady Thrilled His Sons Have a Sister

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Southern diet, fried foods, may raise stroke risk

Deep-fried foods may be causing trouble in the Deep South. People whose diets are heavy on them and sugary drinks like sweet tea and soda were more likely to suffer a stroke, a new study finds.

It's the first big look at diet and strokes, and researchers say it might help explain why blacks in the Southeast — the nation's "stroke belt" — suffer more of them.

Blacks were five times more likely than whites to have the Southern dietary pattern linked with the highest stroke risk. And blacks and whites who live in the South were more likely to eat this way than people in other parts of the country were. Diet might explain as much as two-thirds of the excess stroke risk seen in blacks versus whites, researchers concluded.

"We're talking about fried foods, french fries, hamburgers, processed meats, hot dogs," bacon, ham, liver, gizzards and sugary drinks, said the study's leader, Suzanne Judd of the University of Alabama in Birmingham.

People who ate about six meals a week featuring these sorts of foods had a 41 percent higher stroke risk than people who ate that way about once a month, researchers found.

In contrast, people whose diets were high in fruits, vegetables, whole grains and fish had a 29 percent lower stroke risk.

"It's a very big difference," Judd said. "The message for people in the middle is there's a graded risk" — the likelihood of suffering a stroke rises in proportion to each Southern meal in a week.

Results were reported Thursday at an American Stroke Association conference in Honolulu.

The federally funded study was launched in 2002 to explore regional variations in stroke risks and reasons for them. More than 20,000 people 45 or older — half of them black — from all 48 mainland states filled out food surveys and were sorted into one of five diet styles:

—Southern: Fried foods, processed meats (lunchmeat, jerky), red meat, eggs, sweet drinks and whole milk.

—Convenience: Mexican and Chinese food, pizza, pasta.

—Plant-based: Fruits, vegetables, juice, cereal, fish, poultry, yogurt, nuts and whole-grain bread.

—Sweets: Added fats, breads, chocolate, desserts, sweet breakfast foods.

—Alcohol: Beer, wine, liquor, green leafy vegetables, salad dressings, nuts and seeds, coffee.

"They're not mutually exclusive" — for example, hamburgers fall into both convenience and Southern diets, Judd said. Each person got a score for each diet, depending on how many meals leaned that way.

Over more than five years of follow-up, nearly 500 strokes occurred. Researchers saw clear patterns with the Southern and plant-based diets; the other three didn't seem to affect stroke risk.

There were 138 strokes among the 4,977 who ate the most Southern food, compared to 109 strokes among the 5,156 people eating the least of it.

There were 122 strokes among the 5,076 who ate the most plant-based meals, compared to 135 strokes among the 5,056 people who seldom ate that way.

The trends held up after researchers took into account other factors such as age, income, smoking, education, exercise and total calories consumed.

Fried foods tend to be eaten with lots of salt, which raises blood pressure — a known stroke risk factor, Judd said. And sweet drinks can contribute to diabetes, the disease that celebrity chef Paula Deen — the queen of Southern cuisine — revealed she had a year ago.

The National Institute of Neurological Disorders and Stroke, drugmaker Amgen Inc. and General Mills Inc. funded the study.

"This study does strongly suggest that food does have an influence and people should be trying to avoid these kinds of fatty foods and high sugar content," said an independent expert, Dr. Brian Silver, a Brown University neurologist and stroke center director at Rhode Island Hospital.

"I don't mean to sound like an ogre. I know when I'm in New Orleans I certainly enjoy the food there. But you don't have to make a regular habit of eating all this stuff."

___

Marilynn Marchione can be followed at http://twitter.com/MMarchioneAP

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Wall Street opens modestly higher after data

NEW YORK (Reuters) - Stocks opened slightly higher on Friday after a trio of positive economic data points, and further gains were expected to be modest with the benchmark S&P index near five-year highs.

The Dow Jones industrial average <.dji> was up 18.97 points, or 0.14 percent, at 13,963.02. The Standard & Poor's 500 Index <.spx> was up 3.05 points, or 0.20 percent, at 1,512.44. The Nasdaq Composite Index <.ixic> was up 13.59 points, or 0.43 percent, at 3,178.72.

(Reporting by Ryan Vlastelica; Editing by Bernadette Baum)

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Court Urged to Reverse a Ruling on Terror

The Obama administration on Wednesday urged a federal appeals court to overturn a sweeping ruling by a district judge that blocked the government from enforcing a statute related to the indefinite detention without trial of terrorism suspects.

Appearing before a three-judge panel of the Court of Appeals for the Second Circuit, in Manhattan, Robert M. Loeb, a Justice Department lawyer, said a lawsuit challenging the statute should be dismissed because those who brought it — including a former reporter for The New York Times, Christopher Hedges, who interacts with terrorist groups for his reporting, and several supporters of the antisecrecy group WikiLeaks — had no real-world risk of being detained.

“The plaintiffs’ claims all fail at the outset,” Mr. Loeb said, asserting that the plaintiffs had failed to show an “objectively reasonable fear of being placed in long-term detention.”

But lawyers for the plaintiffs, Carl J. Mayer and Bruce Afran, insisted that their clients had legal standing to challenge the statute — a provision of the National Defense Authorization Act of 2012 — because it interfered with their right to free speech by creating a basis to fear that they might be placed in military detention on the basis of their activities.

The provision authorizes the detention of people who are part of or “substantially supported” Al Qaeda or “associated forces.” When Congress enacted it, lawmakers said the statute merely reaffirmed, and did not expand, the existing detention powers granted a decade earlier in the authorization to use military force against the perpetrators of the Sept. 11, 2001, terrorist attacks.

But lawmakers did not specify whether Americans could be detained without trial and were vague about what kind of conduct was off limits. In September, Judge Katherine B. Forrest of Federal District Court ruled that Congress had expanded the government’s detention powers, saying the 2001 version did not cover mere supporters. A portion of her ruling suggested that the government could be held in contempt if it detained anyone under that theory.

The Obama administration appealed, arguing that her ruling was wrong and put a cloud over its existing detention authority for prisoners picked up in the Afghanistan war zone.

On Wednesday, Judge Raymond J. Lohier, an appellate court judge, pressed Mr. Loeb about whether there had been any authority before the 2011 statute that allowed the government to detain people based upon “substantial support” of a terrorist group.

“To my knowledge it has never been applied that way,” Mr. Loeb replied.

Another judge on the panel, Lewis Kaplan, questioned whether there could be any guarantee that the current policy limits on powers would always be in place.

“The executive branch has been known occasionally to change its mind, isn’t that true?” he asked.

David Rivkin, a lawyer representing three lawmakers, including Senator John McCain, Republican of Arizona, argued that the statute should be upheld because Congress, presidents of both parties and other judges had agreed that the government has, and should have, indefinite detention powers in the war against Al Qaeda.

“The political branches are speaking in unison,” Mr. Rivkin said.

Charlie Savage contributed reporting from Washington.

This article has been revised to reflect the following correction:

Correction: February 7, 2013

An earlier version of this article misstated the fiscal year of the National Defense Authorization Act whose indefinite detention provision is being challenged. It is 2012.

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