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January 4, 2016

Obama’s gun control measures to spark political, legal fights

President Barack Obama is igniting a political firestorm this week by bypassing Congress with new measures to tighten U.S. gun rules that are likely to redefine what it means to be a gun dealer and possibly spark legal challenges during his final year in office.

Shares in gun makers Smith & Wesson Holding Corp and Sturm Ruger & Co Inc rose against a falling stock market on Monday in anticipation of increased gun sales, as has happened before when the White House mulled weapon sales reform.

Obama was due to meet Attorney General Loretta Lynch on Monday afternoon to discuss his options. 

Stymied by Congress' inaction on gun control, the president asked his advisers in recent months to examine new ways he could use his executive authority to tighten gun rules unilaterally without needing congressional approval after multiple mass shootings generated outrage nationwide. 

One option was a regulatory change to require more dealers to get a license to sell guns, a move that would trigger more background checks on buyers. 

The White House had drafted a proposal on that issue previously but was concerned it could be challenged in court and would be hard to enforce.

Guns are a potent issue in U.S. politics. The right to bear arms is protected by the U.S. Constitution, and the National Rifle Association, the top U.S. gun rights group, is feared and respected in Washington for its ability to mobilize gun owners. Congress has not approved major gun-control legislation since the 1990s. 

White House spokesman Josh Earnest said on Monday that the administration was prepared for legal challenges and had confidence that Obama's new proposals were legally sound.

“A lot of the work that has gone on has been to ensure that we would have confidence in the legal basis of these actions,” he said, adding that the proposals would be “within the legal ability of the president of the United States to carry out.”

The president's planned use of executive action launches his final year with a move that Republicans say exemplifies misuse of his powers. Congress, which is controlled by Republicans, rejected Obama's proposals for legislation to tighten gun rules in 2013.

“While we don't yet know the details of the plan, the president is at minimum subverting the legislative branch, and potentially overturning its will,” Republican Speaker of the House of Representatives Paul Ryan said in a statement.

“This is a dangerous level of executive overreach, and the country will not stand for it.”

U.S. states have taken their own approaches to addressing gun violence. Texas legalized openly carrying handguns, while New York and Connecticut have banned high-capacity magazines.

In 2008, the U.S. Supreme Court held that the Second Amendment of the U.S. Constitution protects the rights of individual Americans to keep and bear arms. But the court also recognized that laws imposing conditions on commercial guns sale can be consistent with the Second Amendment.

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Obama: New gun control measures are legal, could save lives

President Barack Obama said on Monday his new executive actions to tighten gun rules were “well within” his legal authority and consistent with the U.S. right to bear arms, a warning to opponents who are likely to challenge them in court.

Speaking to reporters in the Oval Office, Obama said his administration would unveil the new measures over the next several days.

Obama is igniting a political firestorm by bypassing Congress with the measures, which are likely to redefine what it means to be a gun dealer and spark increased use of background checks. Republicans say Obama is misusing his powers.

“The good news is .. these are not only recommendations that are well within my legal authority and the executive branch, but they're also ones that the overwhelming majority of the American people, including gun owners, support,” Obama said during a meeting with Attorney General Loretta Lynch and other advisers.

Shares in gun makers Smith & Wesson Holding Corp and Sturm Ruger & Co Inc rose against a falling stock market on Monday in anticipation of increased gun sales, as has happened before when the White House mulled weapon sales reform.

Stymied by Congress' inaction on gun control, the president asked his advisers in recent months to examine new ways he could use his executive authority to tighten gun rules unilaterally without needing congressional approval after multiple mass shootings generated outrage nationwide. 

One option was a regulatory change to require more dealers to get a license to sell guns, a move that would trigger more background checks on buyers. 

The White House had drafted a proposal on that issue previously but was concerned it could be challenged in court and would be hard to enforce.

Guns are a potent issue in U.S. politics. The right to bear arms is protected by the U.S. Constitution, and the National Rifle Association, the top U.S. gun rights group, is feared and respected in Washington for its ability to mobilize gun owners. Congress has not approved major gun-control legislation since the 1990s.

Obama he was confident his new measures were constitutionally sound. They would not prevent every mass shooting or violent crime, he said, but they did have the potential to save lives. 

'EXECUTIVE OVERREACH,' RYAN SAYS 

The president's planned use of executive action launches his final year with a move that Republicans say exemplifies misuse of his powers. Congress, which is controlled by Republicans, rejected Obama's proposals for legislation to tighten gun rules in 2013.

“While we don't yet know the details of the plan, the president is at minimum subverting the legislative branch, and potentially overturning its will,” Republican Speaker of the House of Representatives Paul Ryan said in a statement.

“This is a dangerous level of executive overreach, and the country will not stand for it.”

U.S. states have taken their own approaches to addressing gun violence. Texas legalized openly carrying handguns, while New York and Connecticut have banned high-capacity magazines.

In 2008, the U.S. Supreme Court held that the Second Amendment of the U.S. Constitution protects the rights of individual Americans to keep and bear arms. But the court also recognized that laws imposing conditions on commercial guns sale can be consistent with the Second Amendment.

Obama: New gun control measures are legal, could save lives Read More »

Oregon wildlife refuge occupiers denounce U.S. government

The leaders of a group of self-styled militiamen who took over a remote U.S. wildlife refuge center in Oregon over the weekend said on Monday they acted to protest the federal government's role in managing millions of acres of wild lands.

The anti-government occupation, which began on Saturday at the Malheur National Wildlife Refuge, 30 miles (50 km) south of the small town of Burns, was the latest skirmish over federal land management in large tracts of the West.

A protest leader, Ammon Bundy, told reporters outside the occupied facility on Monday that his group had named itself “Citizens for Constitutional Freedom” and was trying to restore individual rights. Bundy and law enforcement officials declined to say how many people were occupying the center.

About half a dozen occupiers could be seen outside the facility on Monday, with some manning a watchtower and others standing around a vehicle they had used to block the road leading to the building. They chatted quietly among themselves. None was visibly armed.

The FBI said it was seeking a “peaceful resolution to the situation.” It declined to give details on how the U.S. government would deal with the occupiers. No significant law enforcement presence could be seen at the site.

The occupation followed a demonstration in Burns over the imminent imprisonment of local ranchers Dwight Hammond Jr. and his son, Steven Hammond, who were found guilty of setting a series of fires. Through an attorney, they have dissociated themselves from the occupiers.

NBC News reported that the father and son turned themselves in as planned on Monday at a federal prison in California. Their lawyer did not immediately respond to requests for comment.

The occupation is the latest wrinkle in decades of conflict between ranchers and the federal government over Washington's management of hundreds of thousands of acres of range land. Critics say the federal government often oversteps its authority and exercises arbitrary power without sufficient accountability.

Bundy is the son of Nevada rancher Cliven Bundy, whose ranch was the scene of an armed demonstration against federal Bureau of Land Management (BLM) officials in 2014 that ended with the authorities backing down, citing safety concerns.

That standoff had drawn hundreds of armed protesters after federal agents sought to seize Bundy's cattle because he refused to pay grazing fees. 

Jon Ritzheimer, a Marine Corps veteran who traveled from Phoenix to take part in the occupation, said the Constitution was under attack from the U.S. government, and that he and his companions were “trying to restore this land to the people.” 

In Burns, home to 3,000 people, residents voiced sympathy for the Hammonds but also expressed frustration at the occupation, which some locals viewed as the work of outsiders.

“I agree they shouldn't have to go back to prison. I get why they're here,” said Patrick Wright, a 33-year-old taxi driver, who said he knew the Hammonds. “Taking over the refuge and threatening gun violence is a little extreme, but it's getting them heard, that's for sure.”

The takeover drew criticism on social media, with some users asking if the occupiers would have been treated differently if they had been black or Muslim. 

SERIES OF FIRES

The Hammonds were found guilty in 2012 of setting a string of fires, including a 2001 blaze that federal prosecutors said was intended to cover up evidence of deer poaching, that wound up burning 139 acres (56 hectares) of public lands.

The younger Hammond was initially sentenced to 12 months in prison and the father three months, below the federal minimum for arson. But in October, a U.S. district judge increased the sentences to five years.

The Hammond ranch borders on the southern edge of the Malheur refuge, a bird sanctuary in eastern Oregon's arid high desert, about 305 miles (490 km) southeast of Portland.

Both father and son are members of the Oregon Cattlemen's Association (OCA). The group said on Monday that it would continue to assist and represent them “solely through avenues that are in accordance with the law.”

“OCA does not support illegal activity taken against the government. This includes militia takeover of government property, such as the Malheur Wildlife Refuge,” the association's president, John O'Keeffe, said in a statement. 

“Obviously we're aware of the situation and concerned about it,” said White House spokesman Josh Earnest. He said President Barack Obama had been briefed on the situation, adding: “This ultimately is a … local law enforcement matter.”

Republican White House candidates Senator Ted Cruz of Texas and Senator Marco Rubio of Florida expressed sympathy for the protesters' concerns but urged the group to remain peaceful and follow the law, according to media reports.

The refuge, which encompasses 292 square miles (75,630 hectares), was established in 1908 by U.S. President Theodore Roosevelt as a breeding ground for greater sandhill cranes and other native birds.

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6.7 magnitude earthquake hits India’s Jewish community

A 6.7 magnitude earthquake struck northeastern India, inflicting damage on the infrastructure of the Jewish community of Churachandpur.

The nonprofit Shavei Israel reported in a statement Monday that the homes and property of the Bnei Menashe community there had incurred “extensive damage.” No one in the community of 7,000 was harmed.

“We are in touch with the leaders of the Bnei Menashe community throughout northeastern India. Miraculously no one in the community was harmed, but we are concerned by reports of damage to homes and property,” Shavei Israel Chairman and Founder Michael Freund said.

The earthquake struck at 4:35 am local time on Monday morning 20 miles northwest of Imphal, the capital of Manipur. At least six people were killed and at least 79 were injured.

Shavei Israel has set up a relief fund for victims affected by the earthquake.

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Americans fear vulnerability to terror in new year

Americans were as shocked as everyone else when two terrorists shot up the Paris office of Charlie Hebdo magazine last January, but they did not think that they were threatened by an attack which had targeted the creators of a series of cartoons mocking Mohammed, a satirical genre that American cartoonists have not embraced. The attack on a kosher supermarket frequented by Jews was another story, but then clearly Jews alone were targeted, not French people at large.

Eleven months later, after terrorists carried out simultaneous attacks on Parisians at a rock concert, at a major sports event and in restaurants there was no denying what had transpired. Anyone and everyone was a potential terror victim. The ostensible reason the terrorists gave was French air attacks against ISIS in Syria. Americans were leading the air attacks on ISIS The implication for Americans was obvious. “How vulnerable are we?” became a national mantra.

Now they know. Expert assessments of the Jihadi danger have multiplied during the past two weeks, in part because of the deadly attack by a Muslim couple who killed 14 people at a Christmas office party in San Bernardino, Calif.. Even more shocking was the fact that the married couple had a baby and the husband had worked at the office, making them most unlikely suspects until their past was investigated.

RAND Corporation associate policy analyst Jason H. Campbell told The Media Line that, “What is unknown is the degree to which [the Paris attacks are] replicable, especially with the heightened vigilance seen throughout the U.S., Europe and elsewhere” in the wake of the San Bernadino massacre. That attack left no doubt about the modus operandi of ISIS as well as its ability to do in the US what it has done in Paris and the northern Sinai Peninsula where it has killed dozens of Egyptian troops and brought down a Russian passenger plane with more than two hundred holiday-makers aboard. “Heightened vigilance,” he said, is not sufficient in itself. Nobody would have suspected the San Bernadino couple. Social media and the Internet provide a very effective way of turning apparently innocent Muslims into potential Islamic terrorists in the privacy of their own homes.

As the world has now grasped, the apparent ability of ISIS to order random terrorist attacks at will around the globe through agents it has planted or cultivated in western countries is now operational. Terrorism specialists have spoken of the necessity to understand that the war against ISIS cannot be restricted to conventional warfare as though against an organized military force, whether through air strikes or by putting boots on the ground, essential as those means are. The very success of western assaults which unleashes urban terrorism in Europe must be fought with different means.

Unfortunately, European societies – as well as many American agencies — tend to regard urban terrorism as crimes to be fought, like any crime, by diligent police work. This is an error, says Gen. Yaakov Amidror, former head of Israeli army intelligence and national security adviser. He told The Media Line that “The West needs to change its attitude toward terrorism and understand it’s not a criminal act, but something different. You can’t use the criminal and police systems to fight terror, you have to have special agencies and rules that allow you to fight terror, which include intelligence, interception and interrogation.”

According to Amidror, Western states are vulnerable to terrorist machinations precisely because of their adherence to a legal system that respects individual rights. If a criminal is planning to rob a bank safeguards can be put in place to thwart it and the criminal caught red-handed. For terrorists the target is not this or that bank or individual but the entire society. To catch them at the scene of the crime is too late. Therefore it is reasonable that “if you have information about someone who is going to rob a bank, you can’t arrest him because a crime has not been committed yet.” However, “when terrorists meet and speak together about a terrorist act you should arrest them.”

Amidror cites the case of a terror suspect in Belgium who escaped because the law would not allow police to break into a house between eleven p.m. and four a.m.

Detective First Grade Mordy Dzikansky, author of two books on terrorism and the officer selected by the NYPD to serve as liaison to Israel during the Second Intifada, agrees. He told The Media Line that there is a necessary difference in approach to terrorism and that the rules have changed when it comes to the vulnerability of civilians to terrorism. He gave the example of the Boston Marathon bombing, where Russia’s FSB had passed on information about the bombers to US authorities, suggesting that they be kept under observation. One of the US agencies apparently interviewed one of the brothers. Dzikansky disagreed with the methodology arguing that terrorists have a greater commitment than do criminals and the interview can only tip the hand of the counter-terrorism forces. He said that the hatred exceeds the monetary reward.

What makes operating against terrorists more difficult is that many potential ISIS terrorists are citizens of the countries where they operate. They have the same rights as other citizens to protection under the law of democratic states and cannot be deported even as they plan murderous random attacks against fellow citizens or citizens of neighboring European countries to which they can travel freely.
ISIS takes advantage of Europe's compassion for the victims of the chaos in Syria, to which ISIS itself contributes. Referring to the mass influx of Syrian refugees to Europe, Simon Perry, co-director of a research program on policing and homeland security at Jerusalem’s Hebrew University, told The Media Line that the French appeared to be stunned that several of the terrorists in November's attacks were French. One assailant at least came to France via Greece posing as a refugee. He said the influx of refugees clearly “provided opportunities for ISIS to attack the West.”

Israeli analysts claim that what happens in Israel will happen later in Europe. “On terrorism, Israel is ten or twenty years ahead and twenty years ahead on the solution,” says Perry.

Kenneth Abramowitz, a New York-based analyst who established Savethewest.com, agrees. “What happens in Israel happens in other countries in five years,” he told The Media Line. Israel, he adds, is “the eastern border of western civilization.” Unlike Israel, “none of the Western nations is capable of defending its own interests.” He calls European absorption of masses of Syrian refugees not so much an indication of a kinder, gentler Europe as evidence that “Europe has made the decision to not save itself.”He gives the Europe Union “a few months to come to its senses or it will be overwhelmed by Muslims,” he warns.

The assault on Western civilization, of which the ISIS threat is only one component, according to Abramowitz, comes from both “the outside and from the inside.” In his view the terror threat is not from ISIS alone. The “existential threat” to the United States comes from Iranian and North Korean nuclear weapons and ICBMs (intercontinental ballistic missiles) as well.

Pessimistically he envisages that only a serious attack will awaken democracies, including the U.S., to the homeland threat because “democracies act in a panic.”

Abramowitz fears a multi-front “attack to destroy the U.S. through … physical war, intellectual war, economic war, legal war and demographic war.” President Obama has spoken of the intention to “degrade and destroy” ISIS. That is not sufficient. Even if the war against ISIS terror is successful, Abramowitz maintains, the battle for survival must go beyond it.

Robert Swift contributed to this article.

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Israel charges two over arson attack that killed Palestinian family

Israeli prosecutors filed murder charges on Sunday against a man and a minor for an arson attack in the West Bank that killed three members of a Palestinian family and helped fuel the fiercest eruption of street violence in years.

The attack on July 31 killed 18-month-old Ali Dawabsheh and his parents Saad and Riham.

Amiram Ben-Uliel, a 21-year-old from a Jewish settlement in the West Bank, was charged with three counts of racially motivated murder at Lod court near Tel Aviv. A second Jewish defendant, whose name was withheld due to his age, was charged as an accessory.

Defence lawyers said the pair had given false confessions under torture in close-door interrogations, an allegation denied by Prime Minister Benjamin Netanyahu and the Shin Bet security agency. 

“I doubt such confessions will stand up in court,” lawyer Hai Haber told reporters. “We know there's no significant external evidence linking the suspects to this incident.”

The attack in Duma village and ensuing Israeli investigation laid bare fissures in Netanyahu's coalition government, where one ultra-nationalist partner voiced misgivings about the handling of Jewish suspects.

Thirteen other Israeli Jews, most of them minors, were also indicted for hate crimes, including assaulting a Palestinian, vandalism of Arab property and setting fire to a church.

Referred to in Israel as “price-tag attacks”, such offences have usually been carried out in what the attackers say are reprisals for Palestinian violence against Israelis or government curbs on unauthorized West Bank settlement building.

WAVE OF ATTACKS

Saad Dawabsheh's brother Naser said he hoped the defendants would receive the maximum penalty, but was skeptical of Israel's seriousness in prosecuting the case.

“We have no trust in the Israeli judiciary. They would not have launched an investigation were it not for the international pressure on them,” he said, accusing the government of effectively “support(ing) the terrorism conducted by (West Bank) settlers against our people”.

The time it has taken Israel to crack down on the Jewish militants, compared to the speedy and sometimes lethal response by state security forces to similar actions by Arabs, has angered Palestinians, contributing to a wave of stabbings, car-rammings and shooting attacks against Israelis since Oct. 1. 

Twenty-one Israelis and a U.S. citizen have died in the latest bloodshed, a number that will rise if police deem a Tel Aviv shooting that killed two people on Friday as a pro-Palestinian attack. The gunman, an Israeli Arab, is at large. 

Israeli forces or armed civilians have killed at least 132 Palestinians, 82 of whom authorities described as assailants. Most of the others were killed in clashes with security forces.

Israeli Agriculture Minister Uri Ariel of the ultra-nationalist Jewish Home party had urged a high-level investigation of the allegations that the Duma defendants were tortured and for a Shin Bet overhaul. His party's leaders, Education Minister Naftali Bennett and Justice Minister Ayelet Shaked, disagreed. 

Israeli officials said their investigation into the attacks by far-right Jews were hampered by the suspects' operating in small, tight-knit cells and eluding electronic surveillance.

Netanyau said the indictments demonstrated the rule of law in Israel, telling his cabinet in broadcast remarks: “We oppose murder of all kinds. We oppose violence of all kinds.”

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Auschwitz memorial breaks record with over 1.72 million visitors in ’15

A record number of more than 1.72 million visitors came to the Auschwitz memorial in 2015.

The new mark breaks the standard of 1.534 million visitors set last year, the Auschwitz-Birkenau Memorial and Museum in Poland reported Monday.

In 2015, Poland had the most visitors with 425,000. Rounding out the top five were the United Kingdom (220,000), the United States (141,000), Germany (93,000) and Italy (76,000). Next were Spain (68,000), Israel (61,000), France (57,000), the Czech Republic (47,000) and the Netherlands (43,000).

August saw the most visitors with over 210,000.

“Going through the remnants of the former camp does not constitute only a history lesson,” Piotr Cywinski, director of the Auschwitz-Birkenau Memorial and Museum, said in a statement. “It is also the moment of unique reflection on our own responsibility for the shape of our world nowadays. That is why systematic tools supporting educational visits of young people at the Memorial have been created in so many democratic countries.”

Nearly 80 percent of the visitors are guided by museum educators in one of 20 languages.

“The appropriate preparation and training of nearly 300 educators constitutes a challenge taking into account dynamically changing attendance of visitors from different language areas,” said Andrzej Kacorzyk, director of the International Center for Education about Auschwitz and the Holocaust.

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Record number visit Anne Frank House

The Anne Frank House had a record number of visitors for the sixth consecutive year.

In 2015, some 1,268,095 people visited the Anne Frank House, located at the site in Amsterdam where the young diarist hid from the Nazis with her family. That is 40,633 more than the previous record of 1,227,462 set the previous year.

“It’s impressive that so many people from all parts of the world visit this place and learn about this chapter of history,” Ronald Leopold, executive director of the Anne Frank House, said in a statement.

The Anne Frank house also organizes educational projects worldwide, exposing millions more people, most of them young, to the life story of the teenage diarist.

“The life story of Anne Frank encourages young people to reflect on the social developments of then and now, and inspires them to combat prejudice and discrimination in their own surroundings,” Leopold said.

On Friday, a French lawmaker and a French scholar each published the “Diary of Anne Frank” online in a challenge to the Swiss foundation established by the teen’s father, Otto, to allocate the book’s royalties to charity. European copyrights generally expire 70 years after an author’s death, thus the copyright was expected to expire at the end of 2015.

The diary, which chronicles two years of hiding from the Nazis in an Amsterdam attic, may be the most famous Holocaust-era document and has inspired several play and film adaptations. Anne died in 1945 at the Bergen-Belsen extermination camp.

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Report: Israel asks PA for help in capturing Tel Aviv shooter

Israel reportedly has turned to the Palestinian Authority for help in capturing the Arab-Israeli gunman who allegedly shot up a bar in central Tel Aviv, killing two, and later killed a cab driver.

Israeli officials, who suspect that Nashat Melhem, 31, of Arara, a village in Wadi Ara in northern Israel, has fled to the West Bank, have asked the PA to share intelligence that could lead to his capture, the Times of Israel reported Monday.

The search for the shooter, in its fourth day, remains centered on Tel Aviv, however.

On Friday, Melhem allegedly opened fire on a pub next to the popular Dizengoff Center Mall in an area full of people enjoying what is a weekend afternoon in Israel.

His father, a volunteer policeman, called police after seeing security camera footage of the attack on television and recognizing his son. Melhem’s brother, Jaudat, was arrested the same day on suspicion of being an accessory to the crime, according to reports.

It is believed that Nashat Melhem later hailed a cab in north Tel Aviv and killed the driver, Amin Shaaban, a father of 11 from Lod, whose body was found about an hour after the bar shooting.

On Monday in Tel Aviv, about 80 percent of schoolchildren attended classes, up from about 50 percent the previous day.

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2 wounded in attempted stabbing in Jerusalem

Two people were wounded in an attempted stabbing attack in Jerusalem.

The stabber, identified by Israel Police as a 17-year-old resident of eastern Jerusalem who holds Israeli citizenship, was shot by police at the scene and evacuated to the hospital with a gunshot wound to his leg.

The incident occurred on Monday afternoon. The attacker had attempted to stab police on Haim Bar-Lev Street in Jerusalem near the Old City and then tried to run away.

Two people were taken to Hadassah Hospital on Mount Scopus for treatment. A 15-year-old girl was injured in her leg and a 29-year-old man was treated for shock, according to reports.

Two other potential attacks were thwarted on Monday. A Palestinian man, 26, was found to be carrying a knife when he was stopped at a checkpoint at the Tapuach Junction in the northern West Bank.

Also on Monday, two Palestinian teens who were acting suspiciously near Herod’s Gate in Jerusalem’s Old City were discovered to be carrying knives. They were taken by police for questioning.

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