2013: A year for big issues in the courts












By Jeffrey Toobin, CNN Senior Legal Analyst


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







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




STORY HIGHLIGHTS


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

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

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

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




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


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


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



Jeffrey Toobin

Jeffrey Toobin



After that, here are my guesses.


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





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


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


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




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


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


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











Part of complete coverage on







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



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Russia's Putin signals he will sign U.S. adoption ban


MOSCOW (Reuters) - President Vladimir Putin signaled on Thursday he would sign into law a bill barring Americans from adopting Russian children and sought to forestall criticism of the move by promising measures to better care for his country's orphans.


In televised comments, Putin tried to appeal to people's patriotism by suggesting that strong and responsible countries should take care of their own and lent his support to a bill that has further strained U.S.-Russia relations.


"There are probably many places in the world where living standards are higher than ours. So what, are we going to send all our children there? Maybe we should move there ourselves?" he said, with sarcasm.


Parliament gave its final approval on Wednesday to the bill, which would also introduce other measures in retaliation for new U.S. legislation which is designed to punish Russians accused of human rights violations.


For it to become law Putin needs to sign it.


"So far I see no reason not to sign it, although I have to review the final text and weigh everything," Putin said at a meeting of federal and regional officials that was shown live on the state's 24-hour news channel.


"I intend to sign not only the law ... but also a presidential decree that will modify the support mechanisms for orphaned children ... especially those who are in a difficult situation, by that I mean in poor health," Putin said.


Critics of the bill say the Russian authorities are playing political games with the lives of children, while the U.S. State Department repeated its "deep concern" over the measure.


"Since 1992 American families have welcomed more than 60,000 Russian children into their homes, and it is misguided to link the fate of children to unrelated political considerations," State Department spokesman Patrick Ventrell said in a statement.


Ventrell added that the United States was troubled by provisions in the bill that would restrict the ability of Russian civil society organizations to work with U.S. partners.


Children in Russia's crowded and troubled orphanage system - particularly those with serious illnesses or disabilities - will have less of a chance of finding homes, and of even surviving, if it becomes law, child rights advocates say.


They point to people like Jessica Long, who was given up shortly after birth by her parents in Siberia but was raised by adoptive parents in the United States and became a Paralympic swimming champion.


However, the Russian authorities point to the deaths of 19 Russian-born children adopted by American parents in the past decade, and lawmakers named the bill after a boy who died of heat stroke in Virginia after his adoptive father left him locked in a car for hours.


Putin reiterated Russian complaints that U.S. courts have been too lenient on parents in such cases, saying Russia has inadequate access to Russian-born children in the United States despite a bilateral agreement that entered into force on November 1.


NATIONAL IDENTITY


But Putin, who began a new six-year term in May and has searched for ways to unite the country during 13 years in power, suggested there were deeper motives for such a ban.


"For centuries, neither spiritual nor state leaders sent anyone abroad," he said, indicating he was not speaking specifically about Russia but about many societies.


"They always fight for their national identities - they gather themselves together in a fist, they fight for their language, culture," he said.


The bid to ban American adoptions plays on sensitivity in Russia about adoptions by foreigners, which skyrocketed as the social safety net unraveled with the 1991 Soviet collapse.


Families from the United States adopt more Russian children than those of any other country.


Putin had earlier described the Russian bill as an emotional but appropriate response to the Magnitsky Act, legislation signed by President Barack Obama this month as part of a law granting Russia "permanent normal trade relations" (PNTR) status.


The U.S. law imposes visa bans and asset freezes on Russians accused of human rights violations, including those linked to the death in a Moscow jail of Sergei Magnitsky, an anti-graft lawyer, in 2009.


The Russian bill would impose similar measures against Americans accused of violating the rights of Russian abroad and outlaw some U.S.-funded non-governmental groups.


(Reporting By Alexei Anishchuk; additional reporting by Andrew Quinn in Washington; Writing by Alissa de Carbonnel and Steve Gutterman; Editing by Andrew Osborn and Doina Chiacu)



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Wall Street drops in thin session, led by retailers

NEW YORK (Reuters) - Stocks fell for a third straight day on Wednesday, dragged lower by retail stocks after a report showed consumers spent less in the holiday shopping season than last year.


Trading was light, with volume at a mere 4.01 billion shares traded on the New York Stock Exchange, the Nasdaq and NYSE MKT, well below the daily average so far this year of about 6.48 billion shares. The day's volume was the lightest full day of trading so far in 2012. Many senior traders were still on vacation during this holiday-shortened week and major European markets were closed for the day.


Many investors said concerns about the "fiscal cliff" kept shoppers away from stores, suggesting markets may struggle to gain any ground until that issue is resolved. The CBOE Volatility Index <.vix> or VIX, Wall Street's favorite barometer of investor anxiety, rose 4.46 percent, closing above 19 for the first time since November 7.


A number of 2012's strongest performers advanced, a sign that portfolio managers may be engaging in "window dressing," a practice where market participants buy securities with big gains to improve the appearance of their holdings before presenting the results to clients. Bank of America Corp , which has more than doubled in 2012, added 2.6 percent to $11.54 on Wednesday.


Holiday-related sales rose 0.7 percent from October 28 through December 24, compared with a 2 percent increase last year, according to data from MasterCard Advisors SpendingPulse. The Morgan Stanley retail index <.mvr> skidded 1.8 percent while the SPDR S&P Retail Trust slipped 1.7 percent.


"With the 'fiscal cliff' hanging over our heads, it was hard to convince people to shop, and now it's hard to convince investors that there's any reason to buy going into year-end," said Rick Fier, director of trading at Conifer Securities in New York, which has about $12 billion in assets under administration.


President Barack Obama is due back in Washington early Thursday for a final effort to negotiate a deal with Congress to bridge a series of tax increases and government spending cuts set to begin next week, the so-called "fiscal cliff" many economists worry could push the U.S. economy into recession if it takes effect.


Coach Inc fell 5.9 percent to $54.13 as the S&P 500's biggest decliner, followed by Amazon.com , down 3.9 percent at $248.63, and Abercrombie & Fitch , off 3.5 percent at $45.44. Ralph Lauren Corp , Limited Brands and Gap Inc also ranked among the S&P 500's biggest decliners.


The Dow Jones industrial average <.dji> slipped 24.49 points, or 0.19 percent, to 13,114.59 at the close. The Standard & Poor's 500 Index <.spx> shed 6.83 points, or 0.48 percent, to 1,419.83. The Nasdaq Composite Index <.ixic> dropped 22.44 points, or 0.74 percent, to 2,990.16.


J.C. Penney Co was a notable exception to the weakness in retail stocks, surging 4.4 percent to $20.75 as the S&P 500's biggest gainer. It was followed closely by Bank of America and Genworth Financial , which each gained nearly 3 percent for the day.


"People want to show they own names like these, making them prime 'window dressing' candidates," said Wayne Kaufman, chief market analyst at John Thomas Financial in New York.


"Bank of America keeps going up even though it's overbought and you'd expect a pullback at these levels. No one wanted it when it was under $10 a share, but they want it now."


The S&P 500 has fallen 1.5 percent over the past three sessions, the worst three-day decline since mid-November. The Dow Jones Transportation Average <.djt>, viewed as a proxy for business activity, fell 0.6 percent.


A Republican plan that failed to gain traction last week triggered the S&P 500's recent drop, highlighting the market's sensitivity to headlines centered on the budget talks.


During the last five trading days of the year and the first two of next year, it's possible for a "Santa rally" to occur. Since 1928, the S&P 500 has averaged a gain of 1.8 percent during that period and risen 79 percent of the time, according to data from PrinceRidge.


"While it's unlikely there could be a budget deal at any time, no one wants to get in front of that trade," said Conifer's Fier. "Investors can easily make up for any gains when there's more action in 2013."


Data showed U.S. single-family home prices rose in October, reinforcing the view that the domestic real estate market is improving, as the S&P/Case-Shiller composite index of 20 metropolitan areas gained 0.7 percent in October on a seasonally adjusted basis.


Decliners outnumbered advancers on the New York Stock Exchange by a ratio of about 2 to 1, while on the Nasdaq, more than five stocks fell for every three that rose.


(Editing by Jan Paschal)



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Peyton Manning, Peterson make Pro Bowl


NEW YORK (AP) — Sensational comebacks have Peyton Manning and Adrian Peterson headed for the Pro Bowl.


Also selected Wednesday to the NFL's all-star game was Redskins rookie quarterback Robert Griffin III.


Manning missed all of the 2011 season with neck and back problems that required several operations. He then signed with Denver as a free agent and has led the Broncos on a 10-game winning streak to take the AFC West.


"I know there's great players out there in the NFL, but there's some great players on this team this year that deserve to go," said Manning, whose 12th Pro Bowl is a record for quarterbacks. He ranks fourth in league passing this year, has thrown 34 touchdowns and 11 interceptions.


Four other Broncos made the AFC roster: DE Elvis Dumervil, linebacker Von Miller, CB Champ Bailey and tackle Ryan Clady. Bailey's 12th appearance is a record for defensive backs.


Minnesota's Peterson tore up his left knee on Christmas Eve last year, underwent major surgery, then was back for the season opener. He's gone from uncertain to unstoppable, running away with the rushing title with a career-high 1,898 yards and lifting the Vikings toward an NFC wild card.


"Coming into the season after going through the rehab process, I just told myself that I wanted to lead my team to a championship and make sure that I contribute and do my part," Peterson said. "I've been doing it."


Griffin is one of three rookie QBs who had superb debut seasons, along with Andrew Luck of Indianapolis and Russell Wilson of Seattle. Luck and Wilson weren't voted to the Pro Bowl by players coaches and fans, although their teams are in the playoffs; Griffin can get to the postseason if Washington beats Dallas on Sunday.


"You can't play down those kind of things," Griffin said. "I've always said my whole football career that you don't play for awards. They just come. You don't say you're going to win the Heisman. You don't say you're going to win MVP. You go out and you prove it on the field, and if everyone feels that way then they'll give you that award."


San Francisco had the most players selected, nine, including six from its second-ranked defense. Houston was next with eight, six on offense.


Kansas City, despite its 2-13 record that is tied with Jacksonville for worst in the league, had five Pro Bowlers, including RB Jamaal Charles, who like Peterson is coming back from a torn ACL.


One other rookie, Minnesota kicker Blair Walsh, was chosen. Walsh has nine field goals of at least 50 yards, an NFL mark.


The AFC kicker is at the other end of the spectrum: Cleveland's Phil Dawson earned his first selection in his 14th NFL season.


Another record setter will be heading to Honolulu for the Jan. 27 Pro Bowl: Detroit WR Calvin Johnson.


Johnson broke Jerry Rice's single-season yards receiving record and has 1,892 yards with a game left.


___


Online: http://pro32.ap.org/poll and http://twitter.com/AP_NFL


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Lion habitat features big cats that worked at MGM






HENDERSON, Nev. (AP) — Dozens of lions that used to entertain tourists at the MGM Grand in Las Vegas now have a new day job.


The Las Vegas Sun reports (http://bit.ly/UsXjFH ) Keith Evans recently opened his Lion Habitat Ranch in nearby Henderson, Nev., about a year after the Las Vegas Strip casino shuttered its own lion attraction to make way for renovations.






Evans has been keeping big cats at his ranch for more than 40 years. He transported them to the MGM Grand each day for 11 years until the closure.


His new attraction includes glass enclosures and safety barriers to accommodate about 40 lions, including seven cubs that were born in November.


The habitat is open weekends. Admission is $ 20 for adults, while one child under the age of 12 gets in free for each paying adult.


Animal and Pets News Headlines – Yahoo! News





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The forgotten victims of gun violence




Chicago Mayor Rahm Emanuel, center, and other area officials call for stronger gun regulations at a news conference last week.




STORY HIGHLIGHTS


  • While America was mourning Newtown victims, guns were claiming lives elsewhere in U.S.

  • Authors: Media focus on mass shootings, but continuing violence also needs coverage

  • They say inner cities suffer an epidemic of gun killings, and young are particularly vulnerable

  • Authors: There is a day-by-day slaughter of children that must be stopped




Editor's note: Bassam Gergi is studying for a master's degree in comparative government at St. Antony's College, Oxford, where he is also a Dahrendorf Scholar. Ali Breland studies philosophy at the University of Texas at Austin.


(CNN) -- On the Sunday after the Newtown massacre, President Barack Obama traveled to Connecticut to comfort the grieving community. As the president offered what he could to the town, other American communities, in less visible ways, were grappling with their own menace of violence.


In Camden, New Jersey -- a city that has already suffered 65 violent deaths in 2012 , surpassing the previous record of 58 violent deaths set in 1995 -- 50 people turned out, some bearing white crosses, to mourn a homeless woman known affectionately as the "cat lady" who was stabbed to death (50 of the deaths so far this year resulted from gunshot wounds.)



Bassam Gergi

Bassam Gergi



In Philadelphia, on the same Sunday, city leaders came together at a roundtable to discuss their own epidemic of gun violence; the year-to-date total of homicides is 322. Last year, 324 were killed. Of those victims, 154 were 25 or younger. A councilman at the roundtable asked, "How come as a city we're not in an outrage? How come we're not approaching this from a crisis standpoint?"



Ali Breland

Ali Breland



The concerns go beyond Philadelphia. In the week following the Newtown massacre, there were at least a dozen gun homicides in Chicago, Detroit, Baltimore and St. Louis alone. In a year of highly publicized mass shootings, inner-city neighborhoods that are plagued by gun violence have continued to be neglected and ignored.


According to the Centers for Disease Control and Prevention, large metropolitan areas account for more than two-thirds of deaths by gun violence each year, with inner cities most affected. The majority of the victims are young, ranging in age from their early teens to mid-20s, and black.


To track these violent deaths, many communities and media organizations have set up agonizing online trackers -- homicide watches or interactive maps -- that show each subsequent victim as just another data point. These maps are representative of a set of issues far larger than the nameless dots suggest.



In the immediate aftermath of Newtown, as politicians and public figures across America grapple with the horrible truths of gun violence, far less visible from the national spotlight is the steady stream of inner-city victims.


The media is fixated, and with justification, on the string of high-profile massacres that have rocked the nation in Aurora, Colorado; Tucson, Arizona; Virginia Tech; and now in Newtown. Yet in many of America's neighborhoods most affected by the calamity of gun violence, there is a warranted exasperation -- residents are tired, tired of the ubiquity of guns, tired of fearing for their children's safety, tired of being forgotten.










Critiquing a narrow media focus doesn't deny the horrible, tragic nature of the massacre at Sandy Hook Elementary School; mass shootings, however, make up only a small fraction of America's shockingly high level of gun crime.


In his study "American Homicide," Randolph Roth showed that while the overall risk of being murdered is higher in America than it is in any other first-world democracy, homicide rates vary drastically among groups.


According to Roth, if current trends are maintained, one out of every 158 white males born today will be murdered, but for nonwhite males it is likely one of every 27 born today will be murdered.


The stark difference in these racial trends can be traced to the high levels of racial segregation in America's cities, which have created a spatial barrier between poor inner-city youths of color and more mainstream America -- a barrier that is often responsible for the lack of media and political attention paid to inner-city problems.


Many experts claim that actually it is the spectacular nature of mass shootings that naturally magnifies media coverage and explains the resonance of these tragedies to the broader public. Inner-city violence on its own, however, does not suffer from a lack of awful, spectacular violence and calamity. In fact, the gruesome nature of violence in inner cities has contributed to widespread social desensitization to gun violence. How then do we explain the differing public responses?


An indicator of the difference of attention levels lies in the tone of the public rhetoric in the wake of mass shootings: "This was supposed to be a safe community," and "This kind of thing wasn't supposed to happen here."


These statements imply that in America's leafy-green small towns and suburbs, gun violence is a shocking travesty; it strikes against America's perception of what is acceptable. In contrast, gun violence in the American metropolis has been normalized, and the public and media display a passive indifference toward the lives of inner-city youths.


This normalization of inner-city violence is due in part, to the isolation and segregation of America's ghettos from wider America, but it is also due to a sense that the victims of inner-city violence are responsible for their own condition.


As Robert Sampson, a professor at Harvard University, has highlighted, the gun violence in American cities is born out of neighborhood characteristics such as poverty, racial segregation and lack of economic opportunity. This shortened explanation for the high levels of inner-city violence has often been mistaken to imply that it is the direct choice of inner-city residents to remain either in poverty or in their segregated community that leads to their victimization.


In reality, the victims of inner-city gun violence are the victims of a dual tragedy. The first is that the poverty and segregation, which play a crucial role in spurring the downward cycle of crime, are the result of social arrangements predicated on longstanding oppression and prejudice.


Through a complex mix of violence, institutional arrangements and exploitation, black Americans were pressured into ghettos, which are the hotbeds of contemporary gun violence. Their inability to escape their conditions is not a choice, but rather the byproduct of continued structural discrimination. Slowing the tide of inner-city deaths through gun control is therefore a modern-day civil rights issue.


If the refusal of America's national politicians to move on gun control before Newtown represents a political failure and a paucity of American will, then the disregard for the lives of inner-city youths stricken by gun violence on a daily basis is an illustration of the limits of American compassion.


The slaughter of young children en masse should be a moment of reckoning for any society, but there is a day-by-day, child-by-child slaughter occurring in America that has gone on too long and is yet to be reckoned with.


If Newtown should teach us anything, it is that all of us in America share this same short moment of life, and that we all seek to ensure safety, security and prosperity for our children.


As Vice President Joe Biden and the presidential task force meet to negotiate about what new gun laws to recommend, they must look to Sandy Hook Elementary and beyond. We need to protect the children of Newtown from the threat of future gun violence, but the children of Chicago and Camden and Detroit deserve the same long-term security.


We may not be able to ensure absolute security for America's children, but through smarter policy America can surely save more of its children from gun violence.


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The opinions expressed in this commentary are solely those of the authors.






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Melton among 5 Bears earning Pro Bowl honors









Henry Melton said last week he was as good as any 4-3 defensive tackle in the NFL than himself last week and now he’s been recognized as one of the best.

Melton was selected to the Pro Bowl for the first time, one of five Chicago Bears to be named to the NFC’s team Wednesday. Cornerback Tim Jennings, who leads the league with eight interceptions, also was a first-time honoree, joining fellow cornerback Charles Tillman, defensive end Julius Peppers and wide receiver Brandon Marshall as all-star selections.

Weak-side linebacker Lance Briggs, the team leader with 118 tackles, was not selected after being named to seven consecutive Pro Bowls. Briggs could be added later as an alternate.

Melton, who has not played in the last two games because of a clavicle injury, has six sacks and has improved greatly as a two-way player against the run this season. The Pro Bowl bid can only help him in his drive for a new contract as he will be a free agent after the season.

“It’s an amazing feeling. It’s been a long journey from playing running back and defensive end and now being a Pro Bowl defensive tackle,” Melton said. “It’s an amazing feeling. There are a lot of people who had a hand in helping me, and I just appreciate it.”

Melton was a fourth-round pick in 2009, and defensive coordinator Rod Marinelli quickly got the idea to move him from end to tackle. He started to take off last season, giving the Bears a pass-rushing presence on the inside that had been missing.

“He’s a great guy, a great coach,” Melton said. “We spend a lot of hours together working, working extremely hard trying to mold me into a better man and definitely a better football player. I’ve got a lot of love for him and hopefully we can keep it going.

“I just wanted to help the defense any way I could, and when he said I had the stuff that he looks for in a premier defensive tackle, I listened to him and just got to work. If he said that he saw me as an elite defensive tackle, he’s seen everybody -- (Warren) Sapp and a lot of guys that had come before me, and for him to say that I believed in what he was saying.”

When Melton got the news, he turned to Peppers, who was selected to his eighth Pro Bowl, and said, “We’re going to be roommates?”

Not exactly. But they can have fun in Hawaii during the week of the game -- one Jennings made clear he will be playing in.

“That's the most exciting thing really, playing really,” Jennings said. “Getting voted in and I'm actually going to play. They're not going to vote you in and you're not going to play. That's not the way it's going to work. Just being over there with all the guys, all the future Hall of Famers, just taking that in. I'm going to live for the moment and just kind of soak it all in right now. But I'm excited to just see what it's really about.”

Jennings, who was benched in Week 16 last season, re-signed with the Bears during free agency on a two-year deal. He started making plays and wound up leading all cornerbacks in the NFL in fan voting. At 5-8, he hopes he serves as an inspiration for undersized kids playing sports.

“Hopefully a lot of kids that's in my situation, that's gone through my situation, can take it all in and understand that it doesn't matter what people may think about you or you think you're not good enough,” Jennings said. “If you really want it and you enjoy doing it just kind of go out there and have fun and just try to be the best that you can be and everything can take care of itself.

“I think I've been doubted a lot. To put me where I am today, I took it all in stride. I enjoyed playing sports and I enjoyed playing football and I got a whole bunch of opportunities and blessings from God. And I just wanted to make the best of it and kind of just enjoy it and make the best of it while I still can because I know it's not going to last forever. So I just want to enjoy it while I can and make the best of every opportunity I get.”

Peppers had three sacks in Sunday’s victory at Arizona to give him 11 ½ for the season. He’s the first player opposing offenses prepare for and based on how the defense has played, even in the recent struggles for the team, it’s not a surprise he was selected. Tillman gets his second consecutive Pro Bowl selection. He had 10 forced fumbles, tying him for the most in a single season since 1991. He scored his third touchdown of the season in the victory over the Cardinals with an interception.

Marshall trails only the Lions’ Calvin Johnson in receiving yards with 1,466. He also is second with 113 receptions, both numbers Bears’ single-season records. Marshall, who was the MVP of the Pro Bowl last year playing for the Miami Dolphins, also had 11 touchdown receptions.

bmbiggs@tribune.com

Twitter @BradBiggs



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Syria to discuss Brahimi peace proposals with Russia


BEIRUT (Reuters) - Syrian President Bashar al-Assad sent a senior diplomat to Moscow on Wednesday to discuss proposals to end the conflict convulsing his country made by international envoy Lakhdar Brahimi, Syrian and Lebanese sources said.


Brahimi, who saw Assad on Monday and is planning to hold a series of meetings with Syrian officials and dissidents in Damascus this week, is trying to broker a peaceful transfer of power, but has disclosed little about how this might be done.


More than 44,000 Syrians have been killed in a revolt against four decades of Assad family rule, a conflict that began with peaceful protests but which has descended into civil war.


Past peace efforts have floundered, with world powers divided over what has become an increasingly sectarian struggle between mostly Sunni Muslim rebels and Assad's security forces, drawn primarily from his Shi'ite-rooted Alawite minority.


Deputy Foreign Minister Faisal Makdad flew to Moscow to discuss the details of the talks with Brahimi, said a Syrian security source, who would not say if a deal was in the works.


However, a Lebanese official close to Damascus said Makdad had been sent to seek Russian advice on a possible agreement.


He said Syrian officials were upbeat after talks with Brahimi, the U.N.-Arab League envoy, who met Foreign Minister Walid Moualem on Tuesday a day after his session with Assad, but who has not outlined his ideas in public.


"There is a new mood now and something good is happening," the official said, asking not to be named. He gave no details.


Russia, which has given Assad diplomatic and military aid to help him weather the 21-month-old uprising, has said it is not protecting him, but has fiercely criticized any foreign backing for rebels and, with China, has blocked U.N. Security Council action on Syria.


"ASSAD CANNOT STAY"


A Russian Foreign Ministry source said Makdad and an aide would meet Foreign Minister Sergei Lavrov and Mikhail Bogdanov, the Kremlin's special envoy for Middle East affairs, on Thursday, but did not disclose the nature of the talks.


On Saturday, Lavrov said Syria's civil war had reached a stalemate, saying international efforts to get Assad to quit would fail. Bogdanov had earlier acknowledged that Syrian rebels were gaining ground and might win.


Given the scale of the bloodshed and destruction, Assad's opponents insist the Syrian president must go.


Moaz Alkhatib, head of the internationally-recognized Syrian National Coalition opposition, has criticized any notion of a transitional government in which Assad would stay on as a figurehead president stripped of real powers.


Comments on Alkhatib's Facebook page on Monday suggested that the opposition believed this was one of Brahimi's ideas.


"The government and its president cannot stay in power, with or without their powers," Alkhatib wrote, saying his Coalition had told Brahimi it rejected any such solution.


While Brahimi was working to bridge the vast gaps between Assad and his foes, fighting raged across the country and a senior Syrian military officer defected to the rebels.


Syrian army shelling killed about 20 people, at least eight of them children, in the northern province of Raqqa, a video posted by opposition campaigners showed.


The video, published by the Syrian Observatory for Human Rights, showed rows of blood-stained bodies laid out on blankets. The sound of crying relatives could be heard in the background.


The shelling hit the province's al-Qahtania village, but it was unclear when the attack had occurred.


STRATEGIC BASE


Rebels relaunched their assault on the Wadi Deif military base in the northwestern province of Idlib, in a battle for a major army compound and fuel storage and distribution point.


Activist Ahmed Kaddour said rebels were firing mortars and had attacked the base with a vehicle rigged with explosives.


The British-based Observatory, which uses a network of contacts in Syria to monitor the conflict, said a rebel commander was among several people killed in Wednesday's fighting, which it said was among the heaviest for months.


The military used artillery and air strikes to try to hold back rebels assaulting Wadi Deif and the town of Morek in Hama province further south. In one air raid, several rockets fell near a field hospital in the town of Saraqeb, in Idlib province, wounding several people, the Observatory said.


As violence has intensified in recent weeks, daily death tolls have climbed. The Observatory reported at least 190 had been killed across the country on Tuesday alone.


The head of Syria's military police changed sides and declared allegiance to the anti-Assad revolt.


"I am General Abdelaziz Jassim al-Shalal, head of the military police. I have defected because of the deviation of the army from its primary duty of protecting the country and its transformation into gangs of killing and destruction," the officer said in a video published on YouTube.


A Syrian security source confirmed the defection, but said Shalal was near retirement and had only defected to "play hero".


Syrian Interior Minister Mohammed Ibrahim al-Shaar left Lebanon for Damascus after being treated in Beirut for wounds sustained in a rebel bomb attack this month.


(Additional reporting by Laila Bassam; Writing by Alistair Lyon; Editing by Andrew Osborn)



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Yen falls as Japan forms new government, supporting Nikkei

TOKYO (Reuters) - Expectations that Japan's incoming prime minister will pursue drastic stimulus policies to drive the country's economy out of deflation helped weaken the yen and underpinned the Nikkei on Wednesday, while Asian shares were capped in thin holiday trade.


Singapore <.ftsti>, Malaysia <.klse>, Indonesia <.jkse>, the Philippines <.psi> and South Korea <.ks11> were closed on Tuesday for the Christmas holiday, reopening on Wednesday.


Hong Kong and Australia remain closed on Wednesday.


MSCI's broadest index of Asia-Pacific shares outside Japan <.miapj0000pus> inched up 0.1 percent, after rising 0.3 percent the previous day on the back of a surge in Shanghai shares <.ssec> to five-month highs and a jump in Taiwan shares <.twii>.


Shinzo Abe, who won a landslide victory in an election earlier this month, will be sworn in as premier on Wednesday, when he is also expected to appoint his cabinet. He is prescribing a mix of aggressive monetary policy easing and big fiscal spending to beat deflation and rein in the strong yen.


He has kept up pressure on the Bank of Japan to deliver much stronger monetary easing policies and called for a 2 percent inflation target to beat deep-rooted deflation, pushing the yen to a 20-month low of 85.08 yen on trading platform EBS early on Wednesday.


Minutes of the BOJ's policy-setting meeting in November showed on Wednesday that some board members said the central bank must act decisively, without ruling out any policy options, if the outlook for the economy and prices worsens further.


Japan's Nikkei stock average <.n225> opened up 0.5 percent, after recapturing the key 10,000 mark it ceded on Friday and ending up 1.4 percent. <.t/>


"The market is overbought, so the Nikkei may not rise sharply, but 'Abe trades' may invite some buying," said Hiroichi Nishi, general manager at SMBC Nikko Securities, adding that if the dollar trades above 85 yen, investors are likely to chase the Nikkei higher to near 10,200.


Aside from the Japanese factor, the dollar was also expected to stay firm this week as investors repatriate dollars, and as the U.S. fiscal impasse is likely to continue to sap investor appetite for risky assets and raise the dollar's safe-haven appeal.


U.S. lawmakers and President Barack Obama were on Christmas holiday and talks were unlikely to resume until later in the week.


House of Representatives Speaker John Boehner failed to gain support for a tax plan at the end of last week, raising fears that the United States may face the "fiscal cliff" of some $600 billion in automatic spending cuts and tax increases set to start on January 1.


"With the exception of the U.S. fiscal talks, there is no particular issue that could dampen investor appetite to any great degree," said Lee Kyung-min, an analyst at Woori Investment & Securities.


Activity is likely to remain subdued, with volume low and without major economic news.


Later in the session, Thailand will release trade data, which is expected to show exports in November posting very high annual growth as a result of low levels last year reflecting the damage from the flooding.


South Korea's key consumer sentiment index held steady in December from November and stood below the neutral point for a fifth consecutive month, the central bank said on Wednesday, diminishing hopes of a quick economic rebound.


(Additional reporting by Ayai Tomisawa in Tokyo and Joyce Lee in Seoul; Editing by Daniel Magnowski)



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Lakers beat Knicks 100-94 to get to .500


LOS ANGELES (AP) — The pieces of the puzzle that have been the Lakers' confounding season so far are starting to fall into place.


Kobe Bryant engineered a second-half comeback, the defense stepped up, and Los Angeles beat the New York Knicks 100-94 on Tuesday, extending its winning streak to five games.


"We're .500," a smiling Dwight Howard said. "We did it on Christmas, too. I knew this day would come."


Bryant scored 34 points in his NBA-record 15th Christmas Day game and Metta World Peace added 20 points and seven rebounds while defending Carmelo Anthony, whose 34 points led the Knicks. Anthony said he hyperextended his left knee, but expects to play on Wednesday in Phoenix.


Bryant, the league's leading scorer, has topped 30 or more points in nine straight games.


"If you're going to play on Christmas, it's always better to win. Makes it all worthwhile," said Bryant, who would soon hop a flight to Denver, getting there ahead of the Nuggets, who played the Clippers in the other half of the holiday doubleheader at Staples Center.


The Lakers improved to 14-14 — 9-9 under new coach Mike D'Antoni — and upped their holiday record to 21-18, including 13-9 at home. They returned to .500 for the first time since they were 8-8 on Nov. 30.


"It's so early in the season to have turned a corner," Bryant said. "We have everybody in the lineup and we're starting to see how we want to play."


The Knicks controlled most of the game behind Anthony and J.R. Smith, who had 24 points. But they struggled offensively in the fourth, when Anthony was limited to seven points and Smith had five as the Lakers' defense clamped down. World Peace fouled out with 1:58 to play and the Lakers ahead by four.


World Peace credited his defense on Anthony to "old-school basketball."


"I'm back in shape and it's a little tough to guard me," he said.


Steve Nash said: "This is what he's been doing all year. He gets his hands on a lot of balls, pounds on the other team's best guy. You can't win without that type of effort."


Smith's 3-pointer pulled New York to 96-94. After Pau Gasol made one of two free throws, Smith missed another 3 that would have tied the game at 97 with 32 seconds left.


"We missed a lot of easy shots, a lot of little chippers around the basket, shots that we normally make," Anthony said. "There were some plays that we thought should have went our way down the stretch, but for the most part, we fought. I'll take this effort any night. If we continue to play with this effort, we'll win a lot of games."


With Bryant double-teamed, Nash passed to Gasol, who dunked with 12 seconds to go, punctuating a win that sent Lakers fans, frustrated by the team's struggles and coaching change, home happy. The Lakers avenged a 116-107 loss in New York on Dec. 13.


A smiling Howard called Gasol's driving slam "a submarine dunk because he was very low to the ground."


Gasol responded, "I don't dunk as often as I used to so it felt good. I took it right down the lane and finished strong."


Nash had 16 points, 11 assists and six rebounds in his second game in nearly two months. He missed 24 straight games while recovering from a small fracture in his lower left leg. Howard had 14 points and 12 rebounds, and Gasol had 13 points and eight rebounds.


"It was an important win for us as we were a little bit desperate," Nash said. "We've gone through a lot since Mike Brown — new coach, new offense. It's been a difficult transition."


Bryant had eight of the Lakers' first 10 points to open the fourth during a run that provided their first lead since the opening quarter in a game matching the two teams that have played the most on Christmas Day.


They took the lead for good on Bryant's basket with 7:38 remaining. Anthony and Tyson Chandler were in foul trouble in the fourth, with Chandler fouling out late.


"They just were a little bit more aggressive," Anthony said. "Kobe got it going and Steve Nash hit some big shots down the stretch. When you have a guy like Nash doing that, it's kind of tough. Those guys know how to play. They've been waiting for Steve Nash to get back, so it's just a matter of then sticking it out until he did."


The Knicks opened the third on a 15-5 run, with Anthony setting up on the perimeter and hitting two 3-pointers as part of his 10 points that stretched their lead to 61-53. His jumper provided the Knicks' largest lead of the game, 69-60.


Bryant and Nash ignited the quiet atmosphere by leading a 17-9 run that drew the Lakers to 78-77 going into the fourth. They combined to score 15 points, although Bryant missed two free throws to end the third that would have given the Lakers their first lead since early in the game.


The Knicks' earlier roll dissolved in missed shots and a technical on Chandler for arguing a call.


"We were more determined, fought for everything," Nash said about the second half.


World Peace scored 16 points in the second quarter, including eight in a row, when the Lakers played catch-up most of the way. His 3-pointer gave the Lakers their first lead of the period with 1:10 remaining. Smith tied it up with a free throw before Nash's jumper sent the Lakers into halftime leading 51-49.


"We're playing really well together," World Peace said. "Kobe is really playing excellent now. He's still being aggressive on the offensive end, but he's giving everybody a chance to be aggressive. Pau is making strong, aggressive moves."


Bryant scored the Lakers' final nine points of the first quarter to give them a 25-23 lead. D'Antoni's plan of having Darius Morris guard Anthony didn't last long after he scored five of the Knicks' first seven points.


"I thought he'd get warmed up before he started firing," World Peace said.


NOTES: Bryant surpassed Oscar Robertson as the league's all-time Christmas Day scorer with 383 points. Robertson had 377. ... Knicks F/C Amare Stoudemire shot some before the game. He's been out all season after left knee surgery. "I'm not quite there yet, but I'm making progress," he said. "I've just got to stay patient and stay ready. We've been doing extremely intense work, as far as cardio." ... Knicks C Marcus Camby had four points and four rebounds in 8 minutes. He's been sidelined by a sore left foot and barely played this season. ... Asked about Bryant as an MVP candidate, D'Antoni said, "You can't put anybody MVP if you're below .500." ... In their only other Christmas Day meeting in 1963, the Lakers beat the Knicks 134-126 behind 47 points by Jerry West and 27 from Elgin Baylor. ... Nash said the gift bags in their lockers with the tag, "From Kobe Merry Xmas 2012" contained headphones. "Can't ever have enough," he said. ... The Lakers were all in white, while the Knicks were all in orange down to their socks in a color similar to Syracuse. ... Among the celebs holidaying at Staples Center were Rihanna and Chris Brown, Adam Levine, Samuel L. Jackson, George Lopez and Richard Lewis. Vanessa Bryant and her two young daughters sat courtside opposite the Lakers bench.


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