Sandy victims cheered by NYC's Thanksgiving parade

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NEW YORK (AP) — Victims of Superstorm Sandy in New York and elsewhere in the Northeast were comforted Thursday by kinder weather, free holiday meals and — for some — front row seats to the annual Macy's Thanksgiving Day Parade.


"It means a lot," said Karen Panetta, of the hard-hit Broad Channel section of Queens, as she sat in a special viewing section set aside for New Yorkers displaced by the storm.


"We're thankful to be here and actually be a family and to feel like life's a little normal today," she said.


The popular Macy's parade, attended by more than 3 million people and watched by 50 million on TV, included such giant balloons as Elf on a Shelf and Papa Smurf, a new version of Hello Kitty, Buzz Lightyear, Sailor Mickey Mouse and the Pillsbury Doughboy. Real-life stars included singer Carly Rae Jepsen and Rachel Crow of "The X Factor."


The young, and the young at heart, were delighted by the sight and sound of marching bands, performers and, of course, the giant balloons. The sunny weather quickly surpassed 50 degrees.


Alan Batt and his 11-year-old twins, Kyto and Elina, took in the parade at the end of the route, well away from the crowd and seemingly too far away for a good view. But they had an advantage: Two tall stepladders they hauled over from their apartment eight blocks away — one for each twin.


"We're New Yorkers," the 65-year-old Batt said. "We know what we're doing."


With the height advantage, "I get to see everything!" Kyto said.


At nearby Greeley Square, social worker Lowell Herschberger, 40, of Brooklyn, sought in vain to tear his sons, 8-year-old Logan and 6-year-old Liam, from a foosball table set up in the tiny park as the balloons crept by on the near horizon.


"Hey, guys — there's Charlie Brown," he said, pointing at the old standby balloon.


The boys didn't look up.


"I guess they're over it," the father said with a shrug.


Mayor Michael Bloomberg was reflective Thursday as he praised police, firefighters, armed services personnel, sanitation workers and volunteers involved in the storm response. His office was coordinating the distribution of 26,500 meals at 30 sites in neighborhoods affected by Sandy, and other organizations also were pitching in.


The disaster zones on Staten Island were flooded — this time with food and volunteers from Glen Rock, N.J. organized using social media.


"We had three carloads of food," said volunteer Beth Fernandez. "The whole town of Glen Rock pitched in. ... It's really cool. It's my best, my favorite Thanksgiving ever."


On Long Island, the Long Beach nonprofit Surf For All hosted a Thanksgiving event that fed 1,200 people. Carol Gross, 72, a Long Beach native, said she went to volunteer but was turned away because of a surplus of helpers.


"A lot of people like me, old-timers, we've never seen anything like this horror," she said, recalling the destruction.


Gross' brother, Jerry, who moved to Arizona in the 1960s, was stunned by what he saw when he returned for Thanksgiving.


"To come back and see the boardwalk all devastated like it is, it's like going to Manhattan and finding Times Square gone," he said.


George Alvarez, whose Toms River, N.J., home suffered moderate damage when Sandy hit the coast, said his family usually does "the traditional big dinner" on Thanksgiving. But this year, they chose to attend a community dinner held at an area church.


"This storm not only impacted us, it impacted a lot of our friends, our community, our psyche," Alvarez said shortly before his family headed out for their meal. "We could have had our usual dinner here at home, but this year it felt like we should be with others who are experiencing the same concerns we are. We made it through this devastating storm, and that's something to celebrate."


Across the country, other cities offered a mix of holiday cheer and acts of charity.


Thousands of people made the most of the mild, sunny fall weather to watch Detroit's Thanksgiving parade, hours ahead of the Lions' annual home game.


Floats and marching bands poured down Woodward Avenue on Thursday morning, with many spectators forgoing the cold-weather gear of past parades. Detroit's temperature hit 52 degrees at 11 a.m., with a warm wind blowing from the South.


Parade participants also included NASCAR driver Brad Keselowski, a 28-year-old Rochester Hills native and the first Michigan-born driver to win the Sprint Cup Series.


In San Francisco, lines of the homeless and less fortunate began forming late Wednesday outside a church in the city's tough Tenderloin district that expected to serve more than 5,000 meals, said the Rev. Cecil Williams.


"We must make sure people can overcome all adversities," Williams said. "You can, you will and you must."


___


AP radio correspondent Julie Walker, AP video journalist Ted Shaffrey and Associated Press writers Kiley Armstrong and Karen Matthews in New York, Alison Barnwell on Long Island, Bruce Shipkowski in New Jersey and Terry Collins in San Francisco contributed to this report.

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Afghan revolving door: 5 US generals, 5 years

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KABUL, Afghanistan (AP) — For former CIA director David Petraeus, it was a one-year stint as top U.S. commander in Afghanistan. His replacement is scheduled to leave next year after 18 months in the job.

And now the sex scandal that draws them together — Petraeus' career toppled and Marine Gen. John Allen's possibly on hold — also has placed greater attention to the quick turnover of American battlefield chiefs in the 11-year war.

Nearly two dozen generals have commanded troops from the United States and the NATO-led International Security Assistance Force, or ISAF, since the American invasion in late 2001 — with five U.S. generals running both commands in the past five years alone.

There is no firm evidence the Pentagon's revolving door in Afghanistan has posed any significant obstacles for U.S. troops, but some military analysts suggest the frequent changes at the top create potential breaks in continuity in the critical cooperation with the Afghan political leadership and security officials.

"The learning curve is pretty steep," said retired Lt. Gen. David Barno, who commanded U.S. forces in Afghanistan in 2003 and 2004. "One of the critical coins of the realm in being effective in this kind of environment is relationships among your allies, relationships with the host nation, and with the Afghans."

Iraq also had regular command changes, including Petraeus in charge during the U.S. troop "surge" in 2007 that helped dislodge insurgent control from key areas. But the war strategy in Afghanistan has, at many times, been even more complex as fronts shift and Taliban fighters regain strength.

"Rotating top commanders on an annual basis makes no management sense," Thomas E. Ricks, a senior fellow at the Center for a New American Security, wrote in an opinion piece published recently in The New York Times.

"Imagine trying to run a corporation by swapping the senior executives every year," he continued. "Or imagine if, at the beginning of 1944, six months before D-Day, Gen. George C. Marshall, the Army chief of staff, told Gen. Dwight D. Eisenhower, the supreme allied commander, that it was time to give someone else a chance to lead."

Petraeus, a four-star general, took over the Afghan command in July 2010 to fill a void after Gen. Stanley A. McChrystal was fired because of scathing remarks about America's civilian leadership. McChrystal's predecessor, Gen. David McKiernan, was ousted on May 11, 2009, a year before his term as commander was set to end because newly elected President Barack Obama wanted a new war policy. He had succeeded Gen. Dan McNeill, who served in 2007-08.

Petraeus completed a one-year term and retired to become CIA director in September 2011.

He resigned Nov. 9 after he had an extramarital affair with his biographer. Allen, who also has four stars, is under investigation following revelations that he exchanged thousands of emails with a Florida socialite also involved in the Petraeus case, including a few which were found to be of a questionable nature.

Some analysts and former military officers say that rotating generals so quickly creates a disconnect between the commanders and their Afghan allies, including the mercurial President Hamid Karzai. Commanders also have to deal with billions of dollars in funds and the complexities of handing over security to the Afghans by the end of 2014, including building an army and police of 352,000 almost from scratch.

Gen. Mohammad Zahir Azimi, a spokesman for the Afghan Ministry of Defense, said the longer a NATO commander stays in the job, the more chance he has to really understand Afghanistan.

"For us, an Afghan army corps commander should stay in his position for at least three years," he said.

Jawed Kohistani, military analyst in Kabul, said he thinks a constant changeover of senior NATO commanders or Afghan military leaders hampers coordination of the two forces. Staying longer, he believes, allows a commander to know insurgents and their weaknesses.

"It gives an opportunity for the enemy to use this gap — the time between the leaving of one commander and the arrival of another — to their advantage," Kohistani said. "There should be enough time for a NATO commander to get to know the Afghan president, vice presidents, security ministers and assess the situation. If he doesn't have enough time to do all these things, it has a negative effect on the security situation."

Obama sped up the confirmation hearing last week for Gen. Joseph Dunford to become the 15th ISAF commander and replace Allen, who was to leave in the spring after 18 months at the helm for a new job as U.S. European Command chief and NATO supreme allied commander. But Allen's confirmation has been postponed until an investigation into his role is concluded.

There have also been about a half-dozen U.S. generals who only commanded American combat troops in the first years of the conflict.

By comparison, the command tours of generals in Iraq "averaged almost twice as long as ISAF's," said Stephen Biddle, a professor of political science and international affairs at George Washington University.

Given the huge funds involved in the war effort, running the Afghan campaign has been as complicated as managing a multibillion dollar corporation.

Anthony Cordesman, a national security expert at the Center for Strategic and International Studies, said the lack of continuity includes both the military and civilian presence in Afghanistan, including the State Department and other agencies.

"What the Afghans see is constant change at every level," he said. "They constantly see people come and go. They have no reason to establish lasting relationships. People leave at the point where they're becoming most effective."

He added that "this constant rotation is a problem everybody recognizes, but no one has really been willing to address."

The Pentagon also has a number of senior leaders — ranging from the chairman of the joint chiefs of staff and defense secretary to the commander of U.S. Central Command — who also play key roles in the war strategy and provide some continuity.

"There is no doubt that the frequent changeover is tough. There is a learning curve each time a new man takes the helm,"

"The good aspect to this is that it brings a fresh set of eyes," said Michael O'Hanlon, a fellow at the Brookings Institution in Washington. "It's not realistic to have commanders serve a whole lot longer than, say, Gen. Allen ... as these folks get tired."

___

Baldor reported from Washington. Associated Press writers Rahim Faiez and Deb Riechmann in Kabul contributed to this report.

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News Summary: India outrage over Facebook arrests

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WHAT HAPPENED: As India‘s financial capital shut down for the weekend funeral of a powerful politician linked to waves of mob violence, a woman posted on Facebook that the closures in Mumbai were “due to fear, not due to respect.” A friend of hers hit the “like” button. For that, both women were arrested.


THE RATIONALE: The arrests were seen as a move by police to prevent any outbreak of violence by supporters of Bal Thackeray, a powerful Hindu fundamentalist politician who died Saturday.













THE REACTION: But analysts and the media are slamming the Maharashtra state government for what they said was a flagrant misuse of the law and an attempt to curb freedom of expression.


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Ex-'Price is Right' model wins suit against show

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LOS ANGELES (AP) — A Los Angeles jury says a former model on "The Price is Right" was discriminated against by producers because of her pregnancy.

The Superior Court jury awarded $776,944 to Brandi Cochran on Tuesday after deliberations that began last week.

City News Service reports that a second phase of the trial will determine whether Cochran should be awarded punitive damages.

The 41-year-old Cochran is a former Miss USA. She claimed she was rejected by producers when she tried to rejoin "The Price is Right" in 2010 after taking maternity leave.

FremantleMedia North America, one of the producers named in the suit, blamed the verdict on a "flawed process." It says that key evidence was excluded by the court.

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OB/GYNs back over-the-counter birth control pills

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WASHINGTON (AP) — No prescription or doctor's exam needed: The nation's largest group of obstetricians and gynecologists says birth control pills should be sold over the counter, like condoms.

Tuesday's surprise opinion from these gatekeepers of contraception could boost longtime efforts by women's advocates to make the pill more accessible.

But no one expects the pill to be sold without a prescription any time soon: A company would have to seek government permission first, and it's not clear if any are considering it. Plus there are big questions about what such a move would mean for many women's wallets if it were no longer covered by insurance.

Still, momentum may be building.

Already, anyone 17 or older doesn't need to see a doctor before buying the morning-after pill — a higher-dose version of regular birth control that can prevent pregnancy if taken shortly after unprotected sex. Earlier this year, the Food and Drug Administration held a meeting to gather ideas about how to sell regular oral contraceptives without a prescription, too.

Now the influential American College of Obstetricians and Gynecologists is declaring it's safe to sell the pill that way.

Wait, why would doctors who make money from women's yearly visits for a birth-control prescription advocate giving that up?

Half of the nation's pregnancies every year are unintended, a rate that hasn't changed in 20 years — and easier access to birth control pills could help, said Dr. Kavita Nanda, an OB/GYN who co-authored the opinion for the doctors group.

"It's unfortunate that in this country where we have all these contraceptive methods available, unintended pregnancy is still a major public health problem," said Nanda, a scientist with the North Carolina nonprofit FHI 360, formerly known as Family Health International.

Many women have trouble affording a doctor's visit, or getting an appointment in time when their pills are running low — which can lead to skipped doses, Nanda added.

If the pill didn't require a prescription, women could "pick it up in the middle of the night if they run out," she said. "It removes those types of barriers."

Tuesday, the FDA said it was willing to meet with any company interested in making the pill nonprescription, to discuss what if any studies would be needed.

Then there's the price question. The Obama administration's new health care law requires FDA-approved contraceptives to be available without copays for women enrolled in most workplace health plans.

If the pill were sold without a prescription, it wouldn't be covered under that provision, just as condoms aren't, said Health and Human Services spokesman Tait Sye.

ACOG's opinion, published in the journal Obstetrics & Gynecology, says any move toward making the pill nonprescription should address that cost issue. Not all women are eligible for the free birth control provision, it noted, citing a recent survey that found young women and the uninsured pay an average of $16 per month's supply.

The doctors group made clear that:

—Birth control pills are very safe. Blood clots, the main serious side effect, happen very rarely, and are a bigger threat during pregnancy and right after giving birth.

—Women can easily tell if they have risk factors, such as smoking or having a previous clot, and should avoid the pill.

—Other over-the-counter drugs are sold despite rare but serious side effects, such as stomach bleeding from aspirin and liver damage from acetaminophen.

—And there's no need for a Pap smear or pelvic exam before using birth control pills. But women should be told to continue getting check-ups as needed, or if they'd like to discuss other forms of birth control such as implantable contraceptives that do require a physician's involvement.

The group didn't address teen use of contraception. Despite protests from reproductive health specialists, current U.S. policy requires girls younger than 17 to produce a prescription for the morning-after pill, meaning pharmacists must check customers' ages. Presumably regular birth control pills would be treated the same way.

Prescription-only oral contraceptives have long been the rule in the U.S., Canada, Western Europe, Australia and a few other places, but many countries don't require a prescription.

Switching isn't a new idea. In Washington state a few years ago, a pilot project concluded that pharmacists successfully supplied women with a variety of hormonal contraceptives, including birth control pills, without a doctor's involvement. The question was how to pay for it.

Some pharmacies in parts of London have a similar project under way, and a recent report from that country's health officials concluded the program is working well enough that it should be expanded.

And in El Paso, Texas, researchers studied 500 women who regularly crossed the border into Mexico to buy birth control pills, where some U.S. brands sell over the counter for a few dollars a pack. Over nine months, the women who bought in Mexico stuck with their contraception better than another 500 women who received the pill from public clinics in El Paso, possibly because the clinic users had to wait for appointments, said Dr. Dan Grossman of the University of California, San Francisco, and the nonprofit research group Ibis Reproductive Health.

"Being able to easily get the pill when you need it makes a difference," he said.

___

Online:

OB/GYN group: http://www.acog.org

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Clinton’s high-profile swan song

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Secretary of State Hillary Rodham Clinton at a meeting with President Barack Obama, second from left, and Japan's …Secretary of State Hillary Rodham Clinton was supposed to be heading for the exit, even as the fight over who should succeed her escalated. Instead, America's top diplomat sped Tuesday to the Middle East on an urgent mission to douse flaring violence between Israel and Hamas, the Islamist Palestinian group that controls Gaza.


Amid early, disputed reports of a possible truce, Clinton had several major goals: Ease the violence, bolster Egyptian President Mohammed Morsi, and avoid an appearance of giving Hamas any sort of legitimacy on the world stage. The U.S. regards Hamas as a terrorist group and deals only with the Palestinian Authority of President Mahmoud Abbas, which controls the West Bank but has been relegated to the sidelines of the latest deadly clashes.


As Clinton winged her way to the troubled region, President Barack Obama—en route to Washington from a trip to Asia—spoke by telephone to Morsi from Air Force One, their third such conversation in 24 hours.


Obama "commended President Morsi's efforts to pursue a de-escalation," Deputy National Security Adviser Ben Rhodes told reporters aboard the presidential plane. "And he also underscored that President Morsi's efforts reinforce the important role that President Morsi and Egypt play on behalf of regional security and the pursuit of broader peace between the Palestinians and Israelis."


Morsi, whose country shares a peace accord with Israel and a border with Gaza, is thought to have sway with Hamas.


Clinton was to stop in Jerusalem for talks with Israeli Prime Minister Benjamin Netanyahu, in Ramallah to meet with Abbas and in Cairo for discussions with Morsi. State Department spokeswoman Victoria Nuland said Clinton aimed for a "de-escalation of violence and a durable outcome that ends the rocket attacks on Israeli cities and towns and restores a broader calm."


American officials have been leery of using the term "cease-fire," preferring variations on "de-escalation" of the conflict.


Clinton's visit came as the political battle over the Sept. 11 terrorist attack on the American compound in Benghazi, Libya, clouded the debate over who will succeed her.


Republicans have accused the Obama administration of covering up the role of suspected extremists in the assault, and questioned whether Clinton's State Department correctly handled requests for more security at the site. The president's foes have targeted Susan Rice, the U.S. ambassador to the United Nations, who at the request of the White House in several television interviews incorrectly tied the attack to protests sparked by an Internet video that ridiculed Islam.


The Benghazi strike claimed the lives of Ambassador Chris Stevens and three other Americans. It has also highlighted the uncertain fate of so-called Arab spring countries—like Egypt—where popular movements swept aside decades-old authoritarian regimes.


Ahead of Clinton's visit, the White House renewed its support for Israel's military operations but hinted at disapproval of a possible ground offensive. Netanyahu's government has called up thousands of troops in what could be preparations for such an onslaught.


Rhodes told reporters the U.S. would prefer to see the Israelis work "diplomatically and peacefully" to resolve the crisis, noting both Palestinian and Israeli civilians would be at risk in the event of a ground assault.


Clinton's stop in Ramallah underscored a diplomatic peculiarity of her trip: Top U.S. officials regard the Palestinian Authority as such minor players in the current crisis, neither Obama nor Clinton have spoken to Abbas since the violence escalated nearly a week ago.


While Clinton by Monday had reached out to leaders—including Jordan's King Abdullah; the foreign ministers of Israel, Egypt, France and Turkey; Egypt's prime minister; and U.N. Secretary-General Ban Ki-moon—she had not spoken to Abbas.


By refusing to deal directly with Hamas and reaching out to the Palestinian Authority instead, Clinton appeared to be trying to resolve the conflict without involving one of the key participants.


Rhodes on Tuesday reiterated U.S. conditions for dealing directly with Hamas: The group must renounce terrorism and recognize Israel's right to exist.


He also defended Clinton's trip to Ramallah, calling it a worthwhile investment "both as it relates to what's happening in Gaza and our efforts going forward to improve the situation in Gaza, but also in terms of our broader efforts to pursue peace between the Israelis and Palestinians."


Rhodes's message was implicit but unmistakable:  If the Palestinians want a lasting peace deal, they should align with the Palestinian Authority and not with Hamas or other extremist groups.


The U.S. has for years been steadfast in its posture toward Hamas. Massachusetts Sen. John Kerry, a top contender for Clinton's job, did not talk to Hamas when he made a surprise visit to Gaza in January 2009.


Clinton headed to the Middle East after traveling to Asia with Obama on what aides to both expected would be their final joint trip overseas, including a history-making stop in Myanmar.


Aboard Air Force One on a flight between Rangoon and Cambodia, the one-time political rivals sat in Obama's private office sharing memories of their work together.


"As the president said, it wasn't just the last four years; they have been through a lot together over the last five or six years," Rhodes said. "But right now there is urgent business to be done."


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Obama makes history with Myanmar, Cambodia visits

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PHNOM PENH, Cambodia (AP) — On a history-making trip, President Barack Obama on Monday paid the first visit by an American leader to Myanmar and Cambodia, two Asian countries with troubled histories, one on the mend and the other still a cause of concern.

Obama's fast-paced, pre-Thanksgiving trip vividly illustrated the different paths the regional neighbors are taking to overcome legacies of violence, poverty and repression.

Cheered by massive flag-waving crowds, Obama offered long-isolated Myanmar a "hand of friendship" as it rapidly embraces democratic reforms. Hours later, he arrived in Cambodia to little fanfare, then pointedly criticized the country's strongman leader on the issue of human rights during a tense meeting.

Obama was an early champion of Myanmar's sudden transformation to civilian rule following a half-century of military dictatorship. He's rewarded the country, also known as Burma, with eased economic penalties, increased U.S. investment and now a presidential visit, in part to show other nations the benefits of pursuing similar reforms.

"You're taking a journey that has the potential to inspire so many people," Obama said during a speech at Myanmar's University of Yangon.

The Cambodians are among those Obama is hoping will be motivated. White House officials said he held up Myanmar, a once-pariah state, as a benchmark during his private meeting Monday evening with Prime Minister Hun Sen, the autocratic Cambodian leader who has held power for nearly 30 years. Hun Sen's rivals have sometimes ended up in jail or in exile.

Unlike the arrangement after Obama's meetings with Myanmar's President Thein Sein and democracy leader Aung Sun Suu Kyi, the U.S. and Cambodian leaders did not speak to the press following their one-on-one talks. They did step before cameras briefly before their meeting to greet each other with a brisk handshake and little warmth.

In private, U.S. officials said, Obama pressed Hun Sen to release political prisoners, stop land seizures and hold free and fair elections. Aides acknowledged the meeting was tense, with the Cambodian leader defending his practices, even as he professed to seek a deeper relationship with the U.S.

Ben Rhodes, Obama's deputy national security adviser, said the president told Hun Sen that without reforms, Cambodia's human rights woes would continue to be "an impediment" to that effort.

White House officials emphasized that Obama would not have visited Cambodia had it not been hosting two regional summit meetings the U.S. attends, a rare admonishment of a country on its own soil.

The Cambodian people appeared to answer Obama's cold shoulder in kind. Just a few small clusters of curious Cambodians gathered on the streets to watch his motorcade speed though the streets of Phnom Penh.

A welcome sign did greet Obama upon his arrival — but it heralded Chinese Premier Wen Jiabao, not the American president.

Human rights groups fear that because Obama delivered his condemnation of Hun Sen in private, government censors will keep his words from reaching the Cambodian people. And they worry the prime minister will then use Obama's visit to justify his grip on power and weaken the will of opposition groups.

"If Hun Sen's narrative about this visit is allowed to gel, it will create a perception that the United States and other international actors stand with Hun Sen, and not with the Cambodian people," said John Sifton, Asia director at Human Rights Watch. "It will be a tremendous blow to Cambodians who challenge his rule."

Obama's visit to Myanmar was also viewed critically by some international organizations, which saw the trip as a premature reward for a country that still holds political prisoners and has been unable to contain ethic violence.

Aware of that criticism, Obama tempered some of his praise for Myanmar during his six-hour visit. He underscored that the reforms that have taken hold over the past year are "just the first steps on what will be a long journey."

Perhaps the sharpest calls for caution came from Suu Kyi, Myanmar's longtime democracy champion. After meeting with Obama at the home where she spent years under house arrest, she warned that the most difficult part of the transition will be "when we think that success is in sight."

"Then we have to be very careful that we're not lured by the mirage of success," Suu Kyi said, speaking with Obama by her side.

The president, winding down his first foreign trip after winning re-election, had meetings scheduled in Cambodia Tuesday with his counterparts in the East Asia Summit. Obama has added the summit to his annual list of high-priority international meetings as he seeks to expand U.S. influence in the region.

Obama will also meet separately on the sidelines of the summit with Japanese Prime Minister Yoshihiko Noda and with Wen, the Chinese premier. It's likely to be Obama's last bilateral meetings with both men.

Noda dissolved his country's parliament last week, setting the stage for new elections his party is unlikely to win. And China is undergoing its first leadership transition in a decade, with Wen and President Hu Jintao stepping down to clear the way for new leaders in the country's Communist Party.

Obama will return to Washington before dawn Wednesday, in time for the ceremonial pardoning of the Thanksgiving turkey.

___

Associated Press writers Jim Kuhnhenn and Grant Peck contributed to this report.

___

Follow Julie Pace at http://twitter.com/jpaceDC

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Google should not be accused of “unfair” acts: lawmakers

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WASHINGTON (Reuters) – Two lawmakers urged the Federal Trade Commission on Monday to steer clear of expanding its authority as it investigates allegations search engine company Google violated antitrust law.


The two California Democrats in the House of Representatives, who count Google as a major campaign contributor, asked the FTC not to accuse the company of “unfair” acts if it believes it broke antitrust law.













Anna Eshoo, on the Energy and Commerce Committee, and Zoe Lofgren, who is on the Judiciary Committee, said there were reports to suggest the FTC planned to use the unfair standard to avoid proving some elements required in an antitrust claim.


They said such a move could lead to over-broad authority for the FTC that could create legal uncertainties for firms and stifle economic growth.


“Such a massive expansion of FTC jurisdiction would be unwarranted, unwise, and likely have negative implications for our nation’s economy,” the lawmakers wrote in the letter, which was dated November 19 and sent to the five FTC commissioners.


The FTC is looking into a long list of complaints brought by rivals of Google, which is also accused of using its dominance to squash competitors in vertical search areas such as shopping and travel.


The FTC staff has reportedly given the commission a report urging them to file a complaint against Google for suing competitors based on standard essential patents and asking for injunctions to stop the sales of their products. Standard essential patents are supposed to be broadly licensed at a fair rate.


Google is the seventh largest contributor to Eshoo, donating $ 13,000 during the 2012 election cycle, according to data from the Center for Responsive Politics. It is the third largest contributor to Lofgren, who got $ 14,500 from Google. The donations came from a Google political action committee and employees and lobbyists associated with Google.


Complaints about Google to the FTC over standard essential patents arise from a raft of litigation between Apple Inc, Google and Microsoft Corp, which have sued each other numerous times in various countries, each alleging that their respective patents are being infringed upon by rivals in the highly competitive smartphone market.


In many cases, the companies ask that their rivals’ products be banned from stores. Many antitrust enforcers believe it is inappropriate for companies to ask for sales bans based on the infringement of essential patents.


FTC Chairman Jon Leibowitz, who is expected to leave the agency soon, said in mid-September that he expected a decision in the case by the end of the year. A decision could be in the form of a lawsuit or, more likely, a settlement.


Google has settled with U.S. law enforcement agencies in the past.


For example, it settled with the FTC following privacy gaffes during the botched roll-out of its social network, Buzz. Later, it paid $ 22.5 million to settle charges that it bypassed the privacy settings of customers using Apple’s Safari browser.


Google also paid a $ 500 million settlement in 2011 to the Justice Department for knowingly accepting illegal advertisements from Canadian pharmacies selling in the United States.


FTC spokesman Peter Kaplan confirmed that the commission had received the letter but said the agency declined comment.


(Reporting By Diane Bartz; editing by Andrew Hay)


Tech News Headlines – Yahoo! News



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Wranglers say 'Hobbit' animals died on unsafe farm

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WELLINGTON, New Zealand (AP) — Animal wranglers involved in the making of "The Hobbit" movie trilogy say the production company is responsible for the deaths of up to 27 animals, largely because they were kept at a farm filled with bluffs, sinkholes and other "death traps."

The American Humane Association, which is overseeing animal welfare on the films, says no animals were harmed during the actual filming. But it also says the wranglers' complaints highlight shortcomings in its oversight system, which monitors film sets but not the facilities where the animals are housed and trained.

A spokesman for trilogy director Peter Jackson on Monday acknowledged that horses, goats, chickens and one sheep died at the farm near Wellington where about 150 animals were housed for the movies, but he said some of the deaths were from natural causes.

The spokesman, Matt Dravitzki, agreed that the deaths of two horses were avoidable, and said the production company moved quickly to improve conditions after they died.

"The Hobbit: An Unexpected Journey," the first movie in the planned $500 million trilogy, is scheduled to launch with a red-carpet premiere Nov. 28 in Wellington and will open at theaters in the U.S. and around the world in December.

The animal rights group People for the Ethical Treatment of Animals (PETA) says it's planning protests at the premieres in New Zealand, the U.S. and the U.K.

Kathy Guillermo, a senior vice president at PETA, said whistleblowers on The Hobbit contacted the organization after it had taken an active role in exposing problems on other movie sets. The organization sent a letter to Jackson last week outlining its concerns.

"We want to send a clear message to Hollywood that they need to be very careful when using animals and take all the precautions that need to be taken," Guillermo said.

The Associated Press spoke to four wranglers who said the farm near Wellington was unsuitable for horses because it was peppered with bluffs, sinkholes and broken-down fencing. They said they repeatedly raised concerns about the farm with their superiors and the production company, owned by Warner Bros., but it continued to be used. They say they want their story aired publicly now to prevent similar deaths in the future.

One wrangler said that over time he buried three horses, as well as about six goats, six sheep and a dozen chickens. The wranglers say two more horses suffered severe injuries but survived.

Wrangler Chris Langridge said he was hired as a horse trainer in November 2010, overseeing 50 or so horses, but immediately became concerned that the farm was full of "death traps." He said he tried to fill in some of the sinkholes, made by underground streams, and even brought in his own fences to keep the horses away from the most dangerous areas. Ultimately, he said, it was an impossible task.

He said horses run at speeds of up to 30 mph and need to be housed on flat land: "It's just a no-brainer."

The first horse to die, he said, was a miniature named Rainbow.

"When I arrived at work in the morning, the pony was still alive but his back was broken. He'd come off a bank at speed and crash-landed," Langridge said. "He was in a bad state."

Rainbow, who had been slated for use as a hobbit horse, was euthanized. A week later, a horse named Doofus got caught in some fencing and sliced open its leg. That horse survived, but Langridge said he'd had enough.

He and his wife, Lynn, who was also working as a wrangler, said they quit in February 2011. The following month, they wrote an email to Brigitte Yorke, the Hobbit trilogy's unit production manager, outlining their concerns.

Chris Langridge said he responded to Yorke's request for more information but never received a reply after that.

Wrangler Johnny Smythe said that soon after Langridge left, a horse named Claire was found dead, its head submerged in a stream after it fell over a bluff. After that, he said, the horses were put in stables, where a third horse died.

Smythe said no autopsy was performed on the horse, which was named Zeppelin. Veterinary records say the horse died of natural causes, from a burst blood vessel, but Smythe said the horse was bloated and its intestines were full of a yellow liquid; he believes it died of digestive problems caused by new feed.

Smythe said the six goats and six sheep he buried died after falling into sinkholes, contracting worms or getting new feed after the grass was eaten. He said the chickens were often left out of their enclosure and that a dozen were mauled to death by dogs on two separate occasions.

Smythe said he was fired in October 2011 after arguing with his boss about the treatment of the animals.

A fourth wrangler, who didn't want to be named because she feared it could jeopardize her future employment in the industry, said another horse, Molly, got caught in a fence and ripped her leg open, suffering permanent injuries.

Dravitzki, the spokesman for Peter Jackson, said the production company reacted swiftly after the first two horses died, spending hundreds of thousands of dollars upgrading housing and stable facilities in early 2011.

"We do know those deaths were avoidable and we took steps to make sure it didn't happen again," he said.

Dravitzki said Zeppelin died of a burst blood vessel and that he knew only of three goats, one sheep and about eight chickens that had died aside from that. He said two of the goats died in a cold snap but the third, like the sheep, was old and had likely died of natural causes. He said the chicken maulings were the result of careless staff oversight.

The American Humane Association said in its report on "An Unexpected Journey" that it investigated the farm at the production company's request. Dravitzki said the company contacted the AHA after Smythe alleged mistreatment of animals.

Mark Stubis, an association spokesman, said it investigated the farm in August 2011, months after the first deaths.

"We made safety recommendations to the animals' living areas. The production company followed our recommendations and upgraded fence and farm housing, among other things," the group said.

Dravitzki said the company had already made many of the recommended changes by the time the AHA made them.

Stubis said the association acknowledges that what happens off-set remains a blind spot in its oversight.

"We would love to be able to monitor the training of animals and the housing of animals," Stubis said. "It's something we are looking into. We want to make sure the animals are treated well all the time."

Dravitzki questioned the timing of the allegations with the premiere so close but said the producers are investigating all the claims "and are attempting to speak with all parties involved to establish the truth."

He said the company no longer leases the farm and has no animals left on the property. He said he didn't know if animals will be needed for future filming in the trilogy, but added that Jackson himself adopted three of the pigs used.

Hollywood has made animal welfare a stated priority for years.

In March, HBO canceled the horse racing series "Luck" after three thoroughbred horses died during production. The network said it canceled the show because it could not guarantee against future accidents.

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New push for most in US to get at least 1 HIV test

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WASHINGTON (AP) — There's a new push to make testing for the AIDS virus as common as cholesterol checks.

Americans ages 15 to 64 should get an HIV test at least once — not just people considered at high risk for the virus, an independent panel that sets screening guidelines proposed Monday.

The draft guidelines from the U.S. Preventive Services Task Force are the latest recommendations that aim to make HIV screening simply a routine part of a check-up, something a doctor can order with as little fuss as a cholesterol test or a mammogram. Since 2006, the Centers for Disease Control and Prevention also has pushed for widespread, routine HIV screening.

Yet not nearly enough people have heeded that call: Of the more than 1.1 million Americans living with HIV, nearly 1 in 5 — almost 240,000 people — don't know it. Not only is their own health at risk without treatment, they could unwittingly be spreading the virus to others.

The updated guidelines will bring this long-simmering issue before doctors and their patients again — emphasizing that public health experts agree on how important it is to test even people who don't think they're at risk, because they could be.

"It allows you to say, 'This is a recommended test that we believe everybody should have. We're not singling you out in any way,'" said task force member Dr. Douglas Owens, of Stanford University and the Veterans Affairs Palo Alto Health Care System.

And if finalized, the task force guidelines could extend the number of people eligible for an HIV screening without a copay in their doctor's office, as part of free preventive care under the Obama administration's health care law. Under the task force's previous guidelines, only people at increased risk for HIV — which includes gay and bisexual men and injecting drug users — were eligible for that no-copay screening.

There are a number of ways to get tested. If you're having blood drawn for other exams, the doctor can merely add HIV to the list, no extra pokes or swabs needed. Today's rapid tests can cost less than $20 and require just rubbing a swab over the gums, with results ready in as little as 20 minutes. Last summer, the government approved a do-it-yourself at-home version that's selling for about $40.

Free testing is available through various community programs around the country, including a CDC pilot program in drugstores in 24 cities and rural sites.

Monday's proposal also recommends:

—Testing people older and younger than 15-64 if they are at increased risk of HIV infection,

—People at very high risk for HIV infection should be tested at least annually.

—It's not clear how often to retest people at somewhat increased risk, but perhaps every three to five years.

—Women should be tested during each pregnancy, something the task force has long recommended.

The draft guidelines are open for public comment through Dec. 17.

Most of the 50,000 new HIV infections in the U.S. every year are among gay and bisexual men, followed by heterosexual black women.

"We are not doing as well in America with HIV testing as we would like," Dr. Jonathan Mermin, CDC's HIV prevention chief, said Monday.

The CDC recommends at least one routine test for everyone ages 13 to 64, starting two years younger than the task force recommended. That small difference aside, CDC data suggests fewer than half of adults under 65 have been tested.

"It can sometimes be awkward to ask your doctor for an HIV test," Mermin said — the reason making it routine during any health care encounter could help.

But even though nearly three-fourths of gay and bisexual men with undiagnosed HIV had visited some sort of health provider in the previous year, 48 percent weren't tested for HIV, a recent CDC survey found. Emergency rooms are considered a good spot to catch the undiagnosed, after their illnesses and injuries have been treated, but Mermin said only about 2 percent of ER patients known to be at increased risk were tested while there.

Mermin calls that "a tragedy. It's a missed opportunity."

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Online:

Task force recommendation: http://www.uspreventiveservicestaskforce.org

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