US-led coalition: US doctor rescued from Taliban

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KABUL, Afghanistan (AP) — An American doctor abducted by the Taliban five days ago was rescued Sunday in eastern Afghanistan, the U.S.-led military coalition said.


Dr. Dilip Joseph was captured by Taliban insurgents Wednesday outside the Afghan capital, in the Sarobi district of Kabul province.


He was rescued in an early morning operation ordered after intelligence showed that the doctor was in imminent danger of injury or possible death, according to a statement.


"This was a combined operation of U.S. and Afghan forces," said 1st Lt. Joseph Alonso, a spokesman for U.S. forces in Afghanistan. "Information was collected through multiple intelligence sources, which allowed Afghan and coalition forces to identify the location of Joseph and the criminals responsible for his captivity."


Gen. John Allen, the top commander of U.S. forces in Afghanistan, said the joint force planned, rehearsed and successfully conducted the operation.


"Thanks to them, Dr. Joseph will soon be rejoining his family and loved ones," Allen said.


The statement did not say where Joseph is from, or whether he was harmed in captivity.


No other details of the rescue operation were immediately available.


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Software guru McAfee wants to return to United States

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GUATEMALA CITY (Reuters) – Software guru John McAfee, fighting deportation from Guatemala to Belize to face questions about the slaying of a neighbor, said on Saturday he wants to return to the United States.


“My goal is to get back to America as soon as possible,” McAfee, 67, said in a phone call to Reuters from the immigration facility where he is being held for illegally crossing the border to Guatemala with his 20-year-old girlfriend.












“I wish I could just pack my bags and go to Miami,” McAfee said. “I don’t think I fully understood the political situation. I’m an embarrassment to the Guatemalan government and I’m jeopardizing their relationship with Belize.”


The two neighboring countries in Central America are locked in a decades-long territorial dispute and voters in 2013 will decide in a referendum how to proceed.


Responding to McAfee’s remarks, a U.S. State Department spokeswoman said U.S. citizens in foreign countries are subject to local laws. Officials can only ensure they are “treated properly within this framework,” she said.


On Wednesday, Guatemalan authorities arrested McAfee in a hotel in Guatemala City where he was holed up with his Belizean girlfriend.


The former Silicon Valley millionaire is wanted for questioning by Belizean authorities, who say he is a “person of interest” in the killing of fellow American Gregory Faull, McAfee’s neighbor on the Caribbean island of Ambergris Caye.


The two had quarreled at times, including over McAfee’s unruly dogs. Authorities in Belize say he is not a prime suspect in the investigation.


Guatemala rejected McAfee’s request for asylum on Thursday. His lawyers then filed several appeals to block his deportation. They say it could take months to resolve the matter.


The software developer has been evading Belize authorities for nearly four weeks and has chronicled his life on the run in his blog, www.whoismcafee.com.


McAfee claims authorities will kill him if he turns himself in for questioning. He has denied any role in Faull’s killing and said he is being persecuted by Belize’s ruling party for refusing to pay some $ 2 million in bribes.


Belize’s prime minister has rejected this, calling McAfee paranoid and “bonkers.


BEATING HEAD AGAINST WALL


After making millions with the anti-virus software bearing his name, McAfee later lost much of his fortune. For the past four years he has lived in semi-reclusion in Belize.


He started McAfee Associates in the late 1980s but left soon after taking it public. McAfee now has no relationship with the company, which was later sold to Intel Corp.


Hours after his arrest, McAfee was rushed to a hospital for what his lawyer said were two mild heart attacks. Later he said the problem was stress. McAfee said he fainted after days of heavy smoking, poor eating and knocking his head against a wall.


He told Reuters he no longer has access to the Internet and has turned over the management of his blog to friends in Seattle, Washington. On Saturday, they began posting a series of files claiming to detail Belize’s corruption.


Residents and neighbors in Belize have said the eccentric tech entrepreneur, who is covered in tribal tattoos and kept an entourage of bodyguards and young women on the island, had appeared unstable in recent months.


Police in April raided his property in Belize on suspicion he was running a lab to make illegal narcotics. There already was a case against him for possession of illegal firearms.


McAfee says the charges are an attempt to frame him.


“People are saying I’m paranoid and crazy but it’s difficult for people to comprehend what has been happening to me,” he said. “It’s so unusual, so out of the mainstream.”


(Editing by Dave Graham and Bill Trott)


Tech News Headlines – Yahoo! News


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Rolling Stones hit NY for 50th anniversary gig

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NEW YORK (AP) — "Time Waits for No One," the Rolling Stones sang in 1974, but lately it's seemed like that grizzled quartet does indeed have some sort of exemption from the ravages of time.


At an average age of 68-plus years, the British rockers are clearly in fighting form, sounding tight, focused and truly ready for the spotlight at a rapturously received pair of London concerts last month.


On Saturday, Mick Jagger, Keith Richards, Ronnie Wood and Charlie Watts hit New York for the first of three U.S. shows on their "50 and Counting" mini-tour, marking a mind-boggling half-century since the band first began playing its unique brand of blues-tinged rock.


And the three shows — Saturday's at the new Barclays Center in Brooklyn, then two in Newark, N.J., on Dec. 13 and 15 — aren't the only big dates on the agenda. Next week the Stones join a veritable who's who of British rock royalty and U.S. superstars at the blockbuster 12-12-12 Sandy benefit concert at Madison Square Garden. Also scheduled to perform: Paul McCartney, the Who, Eric Clapton, Bruce Springsteen & The E Street Band, Alicia Keys, Kanye West, Eddie Vedder, Billy Joel, Roger Waters and Chris Martin.


The Stones' three U.S. shows promise to have their own special guests, too. Mary J. Blige will be at the Brooklyn gig, as well as guitarist Gary Clark Jr., the band has announced. (Blige performed a searing "Gimme Shelter" with frontman Jagger in London.) Rumors are swirling of huge names at the Dec. 15 show, which also will be on pay-per-view.


In a flurry of anniversary activity, the band also released a hits compilation last month with two new songs, "Doom and Gloom" and "One More Shot," and HBO premiered a new documentary on their formative years, "Crossfire Hurricane."


The Stones formed in London in 1962 to play Chicago blues, led at the time by the late Brian Jones and pianist Ian Stewart, along with Jagger and Richards, who'd met on a train platform a year earlier. Bassist Bill Wyman and drummer Charlie Watts were quick additions.


Wyman, who left the band in 1992, was a guest at the London shows last month, as was Mick Taylor, the celebrated former Stones guitarist who left in 1974 — to be replaced by Wood, the newest Stone and the youngster at 65.


The inevitable questions have been swirling about the next step for the Stones: another huge global tour, on the scale of their last one, "A Bigger Bang," which earned more than $550 million between 2005 and 2007? Something a bit smaller? Or is this mini-tour, in the words of their new song, really "One Last Shot"?


The Stones won't say. But in an interview last month, they made clear they felt the 50th anniversary was something to be marked.


"I thought it would be kind of churlish not to do something," Jagger told The Associated Press. "Otherwise, the BBC would have done a rather dull film about the Rolling Stones."


__


Associated Press writer David Bauder contributed to this report.


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Smokers celebrate as Wash. legalizes marijuana

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SEATTLE (AP) — The crowds of happy people lighting joints under Seattle's Space Needle early Thursday morning with nary a police officer in sight bespoke the new reality: Marijuana is legal under Washington state law.


Hundreds gathered at Seattle Center for a New Year's Eve-style countdown to 12 a.m., when the legalization measure passed by voters last month took effect. When the clock struck, they cheered and sparked up in unison.


A few dozen people gathered on a sidewalk outside the north Seattle headquarters of the annual Hempfest celebration and did the same, offering joints to reporters and blowing smoke into television news cameras.


"I feel like a kid in a candy store!" shouted Hempfest volunteer Darby Hageman. "It's all becoming real now!"


Washington and Colorado became the first states to vote to decriminalize and regulate the possession of an ounce or less of marijuana by adults over 21. Both measures call for setting up state licensing schemes for pot growers, processors and retail stores. Colorado's law is set to take effect by Jan. 5.


Technically, Washington's new marijuana law still forbids smoking pot in public, which remains punishable by a fine, like drinking in public. But pot fans wanted a party, and Seattle police weren't about to write them any tickets.


In another sweeping change for Washington, Gov. Chris Gregoire on Wednesday signed into law a measure that legalizes same-sex marriage. The state joins several others that allow gay and lesbian couples to wed.


The mood was festive in Seattle as dozens of gay and lesbian couples got in line to pick up marriage licenses at the King County auditor's office early Thursday.


King County and Thurston County announced they would open their auditors' offices shortly after midnight Wednesday to accommodate those who wanted to be among the first to get their licenses.


Kelly Middleton and her partner Amanda Dollente got in line at 4 p.m. Wednesday.


Hours later, as the line grew, volunteers distributed roses and a group of men and women serenaded the waiting line to the tune of "Chapel of Love."


Because the state has a three-day waiting period, the earliest that weddings can take place is Sunday.


In dealing with marijuana, the Seattle Police Department told its 1,300 officers on Wednesday, just before legalization took hold, that until further notice they shall not issue citations for public marijuana use.


Officers will be advising people not to smoke in public, police spokesman Jonah Spangenthal-Lee wrote on the SPD Blotter. "The police department believes that, under state law, you may responsibly get baked, order some pizzas and enjoy a 'Lord of the Rings' marathon in the privacy of your own home, if you want to."


He offered a catchy new directive referring to the film "The Big Lebowski," popular with many marijuana fans: "The Dude abides, and says 'take it inside!'"


"This is a big day because all our lives we've been living under the iron curtain of prohibition," said Hempfest director Vivian McPeak. "The whole world sees that prohibition just took a body blow."


Washington's new law decriminalizes possession of up to an ounce for those over 21, but for now selling marijuana remains illegal. I-502 gives the state a year to come up with a system of state-licensed growers, processors and retail stores, with the marijuana taxed 25 percent at each stage. Analysts have estimated that a legal pot market could bring Washington hundreds of millions of dollars a year in new tax revenue for schools, health care and basic government functions.


But marijuana remains illegal under federal law. That means federal agents can still arrest people for it, and it's banned from federal properties, including military bases and national parks.


The Justice Department has not said whether it will sue to try to block the regulatory schemes in Washington and Colorado from taking effect.


"The department's responsibility to enforce the Controlled Substances Act remains unchanged," said a statement issued Wednesday by the Seattle U.S. attorney's office. "Neither states nor the executive branch can nullify a statute passed by Congress."


The legal question is whether the establishment of a regulated marijuana market would "frustrate the purpose" of the federal pot prohibition, and many constitutional law scholars say it very likely would.


That leaves the political question of whether the administration wants to try to block the regulatory system, even though it would remain legal to possess up to an ounce of marijuana.


Alison Holcomb is the drug policy director of the American Civil Liberties Union of Washington and served as the campaign manager for New Approach Washington, which led the legalization drive. She said the voters clearly showed they're done with marijuana prohibition.


"New Approach Washington sponsors and the ACLU look forward to working with state and federal officials and to ensure the law is fully and fairly implemented," she said.


___


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


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Egypt terror leader possibly linked to Benghazi attack arrested

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Dec 8, 2012 2:16pm







ap benghazi US consulate attack jt 121020 wblog Egypt Terror Leader Possibly Linked to Benghazi Attack Arrested

Mohammad Hannon/AP Photo


The leader of an Egyptian terrorist cell that planned attacks in Egypt and may be linked with the storming of the U.S. consulate in Benghazi, Libya on Sept. 11 has been arrested by Egyptian intelligence officers, according to an official close to Egypt’s intelligence agency and a senior U.S. official.


Mohammad Jamal Abdo Ahmed had become one of Egypt’s most dangerous terrorists and led a small cell of Egyptians that collected suicide vests, bombs and grenades before their Cairo safe house was raided by intelligence officials in late October, according to the U.S. official.


PHOTOS: Benghazi: US Consulate Attack Aftermath


Most of the cell’s targets were Egyptian, but both the U.S. and Egyptian officials said Ahmed admitted to traveling to Libya and assisting Ansar al Sharia, which U.S. officials suspect organized the attack on the consulate that killed U.S. Ambassador to Libya Chris Stevens.


READ: More on the Political Fallout From the Benghazi Attack


Until now, neither the United States nor Egypt has determined exactly what role Ahmed played in the attack in eastern Libya, according to both officials.


Ahmed may have also been planning attacks on U.S. targets in Egypt and neighboring countries, the U.S. official said, and had aspirations to join al Qaeda.


Ahmed, who is Egyptian, was arrested two weeks ago in eastern Egypt in the Sharqiyah province, the Egyptian official said.


Egyptian officials continue to question him and he will remain in custody for another 15 days, according to the Egyptian official.


His arrest was first reported by the Wall Street Journal.


READ: Four Americans Slain in Libya ‘Come Home’



SHOWS: World News






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Coffee from an elephant's gut fills a $50 cup

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GOLDEN TRIANGLE, Thailand (AP) — In the lush hills of northern Thailand, a herd of 20 elephants is excreting some of the world's most expensive coffee.


Trumpeted as earthy in flavor and smooth on the palate, the exotic new brew is made from beans eaten by Thai elephants and plucked a day later from their dung. A gut reaction inside the elephant creates what its founder calls the coffee's unique taste.


Stomach turning or oddly alluring, this is not just one of the world's most unusual specialty coffees. At $1,100 per kilogram ($500 per pound), it's also among the world's priciest.


For now, only the wealthy or well-traveled have access to the cuppa, which is called Black Ivory Coffee. It was launched last month at a few luxury hotels in remote corners of the world — first in northern Thailand, then the Maldives and now Abu Dhabi — with the price tag of about $50 a serving.


The Associated Press traveled to the coffee's production site in the Golden Triangle, an area historically known for producing drugs more potent than coffee, to see the jumbo baristas at work. And to sip the finished product from a dainty demitasse.


In the misty mountains where Thailand meets Laos and Myanmar, the coffee's creator cites biology and scientific research to answer the basic question: Why elephants?


"When an elephant eats coffee, its stomach acid breaks down the protein found in coffee, which is a key factor in bitterness," said Blake Dinkin, who has spent $300,000 developing the coffee. "You end up with a cup that's very smooth without the bitterness of regular coffee."


The result is similar in civet coffee, or kopi luwak, another exorbitantly expensive variety extracted from the excrement of the weasel-like civet. But the elephants' massive stomach provides a bonus.


Think of the elephant as the animal kingdom's equivalent of a slow cooker. It takes between 15-30 hours to digest the beans, which stew together with bananas, sugar cane and other ingredients in the elephant's vegetarian diet to infuse unique earthy and fruity flavors, said the 42-year-old Canadian, who has a background in civet coffee.


"My theory is that a natural fermentation process takes place in the elephant's gut," said Dinkin. "That fermentation imparts flavors you wouldn't get from other coffees."


At the jungle retreat that is home to the herd, conservationists were initially skeptical about the idea.


"My initial thought was about caffeine — won't the elephants get wired on it or addicted to coffee?" said John Roberts, director of elephants at the Golden Triangle Asian Elephant Foundation, a refuge for rescued elephants. It now earns 8 percent of the coffee's total sales, which go toward the herd's health care. "As far as we can tell there is definitely no harm to the elephants."


Before presenting his proposal to the foundation, Dinkin said he worked with a Canadian-based veterinarian that ran blood tests on zoo elephants showing they don't absorb any caffeine from eating raw coffee cherries.


"I thought it was well worth a try because we're looking for anything that can help elephants to make a living," said Roberts, who estimates the cost of keeping each elephant is about $1,000 a month.


As for the coffee's inflated price, Dinkin half-joked that elephants are highly inefficient workers. It takes 33 kilograms (72 pounds) of raw coffee cherries to produce 1 kilogram of (2 pounds) Black Ivory coffee. The majority of beans get chewed up, broken or lost in tall grass after being excreted.


And, his artisanal process is labor-intensive. He uses pure Arabica beans hand-picked by hill-tribe women from a small mountain estate. Once the elephants do their business, the wives of elephant mahouts collect the dung, break it open and pick out the coffee. After a thorough washing, the coffee cherries are processed to extract the beans, which are then brought to a gourmet roaster in Bangkok.


Inevitably, the elephant coffee has become the butt of jokes. Dinkin shared his favorites: Crap-accino. Good to the last dropping. Elephant poop coffee.


As far away as Hollywood, even Jay Leno has taken cracks.


"Here's my question," Leno quipped recently. "Who is the first person that saw a bunch of coffee beans and a pile of elephant dung and said, 'You know, if I ground those up and drank it, I'll bet that would be delicious.'"


Jokes aside, people are drinking it. Black Ivory's maiden batch of 70 kilograms (150 pounds) has sold out. Dinkin hopes to crank out six times that amount in 2013, catering to customers he sees as relatively affluent, open-minded and adventurous with a desire to tell a good story.


For now, the only places to get it are a few Anantara luxury resorts, including one at the Golden Triangle beside the elephant foundation.


At sunset one recent evening in the hotel's hilltop bar, an American couple sampled the brew. They said it surpassed their expectations.


"I thought it would be repulsive," said Ryan Nelson, 31, of Tampa, Florida. "But I loved it. It was something different. There's definitely something wild about it that I can't put a name on."


His wife Asleigh, a biologist and coffee lover, called it a "fantastic product for an eco-conscious consumer," since the coffee helps fund elephant conservation.


But how does it taste?


"Very interesting," she said, choosing her words carefully. "Very novel."


"I don't think I could afford it every day on my zookeeper's salary," she said. "But I'm certainly enjoying it sitting here overlooking the elephants, on vacation."


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New iPad mini orders will be delivered in time for Christmas

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Viral rapper PSY apologizes for anti-US protests

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South Korean rapper and Internet sensation PSY is apologizing to Americans for participating in anti-U.S. protests several years ago.


Park Jae-sang, who performs as PSY, issued a statement Friday after reports surfaced that he had participated in concerts protesting the U.S. military presence in South Korea during the early stages of the Iraq war.


At a 2004 concert, the "Gangnam Style" rapper performs a song with lyrics about killing "Yankees" who have been torturing Iraqi captives and their families "slowly and painfully." In another protest, he smashed a model of a U.S. tank on stage.


"While I'm grateful for the freedom to express one's self, I've learned there are limits to what language is appropriate and I'm deeply sorry for how these lyrics could be interpreted," he wrote in the statement. "I will forever be sorry for any pain I have caused by those words."


The 34-year-old rapper says the protests were part of a "deeply emotional" reaction to the war and the death of two Korean school girls, who were killed when a U.S. military vehicle hit them as they walked alongside the road. He noted antiwar sentiment was high around the world at the time.


PSY attended college in the U.S. and says he understands the sacrifices U.S. military members have made to protect South Korea and other nations. He has recently performed in front of servicemen and women.


"And I hope they and all Americans can accept my apology," he wrote. "While it's important that we express our opinions, I deeply regret the inflammatory and inappropriate language I used to do so. In my music, I try to give people a release, a reason to smile. I have learned that thru music, our universal language we can all come together as a culture of humanity and I hope that you will accept my apology."


His participation in the protests was no secret in South Korea, where the U.S. has had a large military presence since the Korean War, but was not generally known in America until recent news reports.


PSY did not write "Dear American," a song by The N.E.X.T., but he does perform it. The song exhorts the listener to kill the Yankees who are torturing Iraqi captives, their superiors who ordered the torture and their families. At one point he raps: "Kill their daughters, mothers, daughters-in-law, and fathers/Kill them all slowly and painfully."


PSY launched to international acclaim based on the viral nature of his "Gangnam Style" video. It became YouTube's most watched video, making him a millionaire who freely crossed cultural boundaries around the world. Much of that success has happened in the U.S., where the rapper has managed to weave himself into pop culture.


He recently appeared on the American Music Awards, dancing alongside MC Hammer in a melding of memorable dance moves that book-end the last two decades. And the Internet is awash with copycat versions of the song. Even former Republican Sen. Alan Simpson, the 81-year-old co-chairman of President Barack Obama's deficit commission, got in on the fun, recently using the song in a video to urge young Americans to avoid credit card debt.


It remains to be seen how PSY's American fans will react. Obama, the father of two pop music fans, wasn't letting the news change his plans, though.


Earlier Friday, the White House confirmed Obama and his family will attend a Dec. 21 charity concert where PSY is among the performers. A spokesman says it's customary for the president to attend the "Christmas in Washington" concert, which will be broadcast on TNT. The White House has no role in choosing performers for the event, which benefits the National Children's Medical Center.


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Smokers celebrate as Wash. legalizes marijuana

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SEATTLE (AP) — The crowds of happy people lighting joints under Seattle's Space Needle early Thursday morning with nary a police officer in sight bespoke the new reality: Marijuana is legal under Washington state law.


Hundreds gathered at Seattle Center for a New Year's Eve-style countdown to 12 a.m., when the legalization measure passed by voters last month took effect. When the clock struck, they cheered and sparked up in unison.


A few dozen people gathered on a sidewalk outside the north Seattle headquarters of the annual Hempfest celebration and did the same, offering joints to reporters and blowing smoke into television news cameras.


"I feel like a kid in a candy store!" shouted Hempfest volunteer Darby Hageman. "It's all becoming real now!"


Washington and Colorado became the first states to vote to decriminalize and regulate the possession of an ounce or less of marijuana by adults over 21. Both measures call for setting up state licensing schemes for pot growers, processors and retail stores. Colorado's law is set to take effect by Jan. 5.


Technically, Washington's new marijuana law still forbids smoking pot in public, which remains punishable by a fine, like drinking in public. But pot fans wanted a party, and Seattle police weren't about to write them any tickets.


In another sweeping change for Washington, Gov. Chris Gregoire on Wednesday signed into law a measure that legalizes same-sex marriage. The state joins several others that allow gay and lesbian couples to wed.


The mood was festive in Seattle as dozens of gay and lesbian couples got in line to pick up marriage licenses at the King County auditor's office early Thursday.


King County and Thurston County announced they would open their auditors' offices shortly after midnight Wednesday to accommodate those who wanted to be among the first to get their licenses.


Kelly Middleton and her partner Amanda Dollente got in line at 4 p.m. Wednesday.


Hours later, as the line grew, volunteers distributed roses and a group of men and women serenaded the waiting line to the tune of "Chapel of Love."


Because the state has a three-day waiting period, the earliest that weddings can take place is Sunday.


In dealing with marijuana, the Seattle Police Department told its 1,300 officers on Wednesday, just before legalization took hold, that until further notice they shall not issue citations for public marijuana use.


Officers will be advising people not to smoke in public, police spokesman Jonah Spangenthal-Lee wrote on the SPD Blotter. "The police department believes that, under state law, you may responsibly get baked, order some pizzas and enjoy a 'Lord of the Rings' marathon in the privacy of your own home, if you want to."


He offered a catchy new directive referring to the film "The Big Lebowski," popular with many marijuana fans: "The Dude abides, and says 'take it inside!'"


"This is a big day because all our lives we've been living under the iron curtain of prohibition," said Hempfest director Vivian McPeak. "The whole world sees that prohibition just took a body blow."


Washington's new law decriminalizes possession of up to an ounce for those over 21, but for now selling marijuana remains illegal. I-502 gives the state a year to come up with a system of state-licensed growers, processors and retail stores, with the marijuana taxed 25 percent at each stage. Analysts have estimated that a legal pot market could bring Washington hundreds of millions of dollars a year in new tax revenue for schools, health care and basic government functions.


But marijuana remains illegal under federal law. That means federal agents can still arrest people for it, and it's banned from federal properties, including military bases and national parks.


The Justice Department has not said whether it will sue to try to block the regulatory schemes in Washington and Colorado from taking effect.


"The department's responsibility to enforce the Controlled Substances Act remains unchanged," said a statement issued Wednesday by the Seattle U.S. attorney's office. "Neither states nor the executive branch can nullify a statute passed by Congress."


The legal question is whether the establishment of a regulated marijuana market would "frustrate the purpose" of the federal pot prohibition, and many constitutional law scholars say it very likely would.


That leaves the political question of whether the administration wants to try to block the regulatory system, even though it would remain legal to possess up to an ounce of marijuana.


Alison Holcomb is the drug policy director of the American Civil Liberties Union of Washington and served as the campaign manager for New Approach Washington, which led the legalization drive. She said the voters clearly showed they're done with marijuana prohibition.


"New Approach Washington sponsors and the ACLU look forward to working with state and federal officials and to ensure the law is fully and fairly implemented," she said.


___


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


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Court takes on gay marriage: What’s at stake

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In a historic step that rivals other Supreme Court moves into the center of America’s cultural character, the justices on Friday agreed to consider the constitutionality of federal and state laws that deny marriage rights or marital benefits to same-sex couples. But the move carried with it the potential for stopping short of settling the core constitutional issue.



The court’s orders Friday afternoon said the justices would hear claims that states do not violate the Constitution when they allow marriage only for one man and one woman, and that the federal government does violate the Constitution when it denies benefits to same-sex couples who are already legally married under state laws. Those are the key questions on gays’ and lesbians’ right to marry.


At the same time, however, the court gave itself the option of postponing answers to those key questions. It raised a series of procedural issues that could mean that neither of the cases it granted would provide a definitive outcome. Which way it ultimately would choose to move is not predictable at this point. (Constitution Daily on Monday will provide a fuller analysis of what the court has said it would do.)


Last summer, as cases on same-sex marriage were reaching the Supreme Court, the justices were told that what was at stake was “the defining civil rights issue of our time.” That was a comment from two lawyers whose own fame–and past differences in court–have added to the high visibility of those cases: Theodore B. Olson and David Boies.


Once the opposing lawyers in the court’s celebrated decision in Bush v. Gore, settling a presidential election, Olson and Boies have joined forces to help speed up an already unfolding timetable of court rulings on whether gays and lesbians will be able to marry.  They won one of the most sweeping rulings ever issued by a court, when a federal judge in San Francisco two years ago struck down California’s ban on such marriages, “Proposition 8.”


But, years before those titans of the bar joined the fight, lawyers in gay rights organizations had been pressing the marriage issue in their own lawsuits. They, too, saw it as a defining issue of the day. They actually had two parallel campaigns going in the courts: open marriage to homosexual partners, and open the military to gays and lesbians, who could serve without hiding their sexual identities.


As the court now moves into the marriage issue, the fight over gays in the military already has been won. Congress repealed that ban, and the services are now welcoming gays and lesbians without trying to regulate their private lives.


There is virtually no chance that Congress–at least Congress as presently constituted–would pass legislation to open marriage to homosexuals on a nationwide basis. That is simply not politically possible and, besides, there is a question about whether Congress could impose such a requirement upon states, which traditionally have defined who can marry.


And, since the politics of gay rights do not suggest that a constitutional amendment to permit same-sex marriages will even be attempted, the path to such marriages remains either in state legislatures, with the voters of the states, or with the courts.


Recent Constitution Daily Stories


What’s the court doing with same-sex marriage cases?
Constitution Check: Would an Obama victory turn the Supreme Court sharply to the left?
Constitution Check: Will the politics of 2012 influence the constitutionality of gay marriage?


The campaign to pursue same-sex marriage through the courts has been marked, at times, by disagreements about what was the best strategy, and what was the best time to try to advance the cause. While supporters of same-sex marriage have had some control over the process, it has not been entirely a matter of their choice. Rigorous efforts challenging same-sex marriage have been made, in politics and in the courts, and have succeeded most of the time with the voters.


Still, it has been widely assumed that, sooner or later, the issue probably would be resolved as a constitutional matter by the Supreme Court. It has had rulings on gay rights in recent years, but it has never issued a full-scale ruling on the issue of marriage for homosexual couples.


Whether the review that is now beginning will lead to a sweeping new ruling, or only one that is limited in scope, will only become clear as the time for decision approaches.


Since the same-sex marriage cases began arriving at the court last summer, a total of 11 have now been placed on the docket. At a conference Friday morning, the court had before it 10 of those petitions, and the justices were examining them to decide which issues they were ready to confront.


Lyle Denniston is the National Constitution Center’s Adviser on Constitutional Literacy. He has reported on the Supreme Court for 54 years, currently covering it for SCOTUSblog, an online clearinghouse of information about the Supreme Court’s work.

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