Friday 5 December 2014

Chief justice busts a rhyme


Washington (CNN) -- The Supreme Court on Friday posted audio of Chief Justice John Roberts reciting rap lyrics during oral arguments for a case that examines whether violent or threatening speech posted on social media can be prosecuted.


The case, Elonis v. The United States, centers around a Pennsylvania man who was sentenced to nearly four years in prison in 2010 after he posted violent and threatening messages on Facebook about his estranged wife. The man, Anthony Elonis, claimed he was an aspiring rapper and that he did not intend for the words to be taken seriously. His appeal has made it all the way to the Supreme Court.


READ: Facebook threats case heard at Supreme Court


During the arguments earlier this week, Roberts pointed to lyrics from a 1997 Eminem rap song "Bonnie and Clyde" and to make the point about whether the artist could be prosecuted.


"You know, 'Da-da make a nice bed for mommy at the bottom of the lake,' 'tie a rope around a rock,' this is during the context of a domestic dispute between a husband and wife. 'There goes mama splashing in the water, no more fighting with dad,'" Roberts said before turning to Deputy Solicitor General Michael Dreeben. "You know, all that stuff. Now, under your test, could that be prosecuted?"


Dreeben responded by saying that because the words were recited as a song at a concert, the context provided assurance that it was for entertainment.


The Court will announce its decision next year.


Brenna Williams contributed to this report



Rand Paul's surprise move on ISIS







  • Sen. Rand Paul threatened Thursday to force a vote on a declaration of war against ISIS

  • Paul's move came during an unrelated Foreign Relations Committee meeting

  • Senators debate the role Congress should play in approving military strikes

  • Senators agreed to push off action on ISIS until next week




Washington (CNN) -- Sen. Rand Paul surprised members of the Foreign Relations Committee on Thursday when he threatened to force a vote on a declaration of war against ISIS as an amendment to an unrelated bill dealing with clean drinking water around the world.


The Kentucky Republican, frustrated that Congress hasn't voted to formally okay the military operation already underway against the terrorist group, said he hoped his move would "shame" the Congress into action.


"I think the most important duty of a legislator is to vote yea or nay on whether or not we are sending our young men and women to war," Paul told CNN. "I think we've been derelict in our duty, Congress has abdicated that duty. The President, I think, in his arrogance, has assumed that he doesn't even need to ask."





Rand Paul: War on ISIS is illegal




Hagel: We've made progress against ISIS




A wary Congress votes to combat ISIS

The unexpected move by Paul, a potential 2016 presidential candidate, prompted Democrats to quickly counter with proposals of their own and launched a spirited debate inside a small, camera-less committee room in the Capitol about the role Congress should play in approving military strikes. There were no TV cameras because none of the television outlets that cover Congress had planned to cover action on the somewhat obscure water bill.


During the debate, Democrats like Chris Murphy of Connecticut and Jeanne Shaheen of New Hampshire, argued the senators had a solemn obligation to their constituents to vote on an Authorization for Use of Military Force, even if it's unlikely Congress can complete action on it before the congressional session ends in a few days.


But Republicans like Bob Corker of Tennessee, who will be the committee chairman next year, argued the debate was being "rushed" and that the administration itself hasn't said what it wants or needs in an AUMF. He argued that a lot of the "passion" in the room was from Democrats "wanting to go on record not wanting boots on the ground."


Sen. John McCain, R-Arizona, complained the proposals had some "very strange things" in them, including restrictions on ground troops. He said that would make it very difficult for the U.S. to defeat ISIS. He argued that the reason the administration has not asked for an AUMF is because "they have no strategy" against ISIS.


McCain said it was "ludicrous" a "nice little water bill" was used as a vehicle for a war authorization that has little chance of passing Congress.


"It's a living, breathing argument against lame duck sessions,' he said.


In the end, committee leaders got everyone to agree to push off action until next week, when they promised a more structured and focused debate. Committee Chairman Robert Menendez said they want Secretary of State John Kerry to testify in open session Monday about what the administration is looking for in an AUMF. That would be followed by a classified session with Kerry or other administration officials where they could go into greater detail about the military strategy to defeat ISIS. Finally, on Wednesday, the committee would reconvene in open session for a more full debate and votes on AUMF language and amendments.


"We will now have the opportunity to engage in meaningful, transparent debate ion the U.S. military mission against ISIL, as I've been calling for since military action began nearly four months ago," said Sen. Tim Kaine, D-Virginia, a leading advocate for Congress to vote on an AUMF. "We owe it to our service members and the American people to have this debate and take this vote before adjourning for the year and I'm pleased we're on track to do so in the right way."


TV cameras will probably show up this time.



Seeking the thrill: Extreme hikers






Extreme hiking may be grueling, but it can allow one to see some of the most beautiful views in the world. Jeremy Aerts called this hike through Nepal the most challenging he has done.Extreme hiking may be grueling, but it can allow one to see some of the most beautiful views in the world. Jeremy Aerts called this hike through Nepal the most challenging he has done.

On another hike in Sa Pa, Vietnam, this past spring, <a href='http://ift.tt/1u0P8xx'>Aerts</a> got this photo overlooking mountains and rice paddies just as the fog lifted. He believes the country's beauty is often overlooked by Americans. On another hike in Sa Pa, Vietnam, this past spring, Aerts got this photo overlooking mountains and rice paddies just as the fog lifted. He believes the country's beauty is often overlooked by Americans.

<a href='http://ift.tt/1u0Pa8s '>Mohit Samant </a>hiked 4 miles to the Pacaya volcano in Guatemala last year. "The first 2 were not so bad; the last 2 were brutal."Mohit Samant hiked 4 miles to the Pacaya volcano in Guatemala last year. "The first 2 were not so bad; the last 2 were brutal."

<a href='http://ift.tt/1u0P8NP'>Yoann Jezequel</a> hiked 5 miles to the Piton des Neiges volcano, the highest point of La Reunion Island, in 2013. The "Cilaos circus" there is a natural enclosure steep-sided, circular or semi-circular depression formed by the eruption.Yoann Jezequel hiked 5 miles to the Piton des Neiges volcano, the highest point of La Reunion Island, in 2013. The "Cilaos circus" there is a natural enclosure steep-sided, circular or semi-circular depression formed by the eruption.

<a href='http://ift.tt/1u0Pa8A'>Suzanne Lewis</a> followed the path of many bold adventurers, hiking 80 miles along the Everest base camp trek in Nepal in 2011.Suzanne Lewis followed the path of many bold adventurers, hiking 80 miles along the Everest base camp trek in Nepal in 2011.

The hike and magnificent view "still resonates with me," Lewis said. The hike and magnificent view "still resonates with me," Lewis said.

Lewis is a veteran hiker, but this was by far the longest hike she has done.Lewis is a veteran hiker, but this was by far the longest hike she has done.

Though she doesn't do extreme hikes regularly, <a href='http://ift.tt/1u0PaoW'>Lia Ocampo</a> will never forget her 2012 hike up the crater of Mount Pinatubo in Zambales, Philippines. The group traversed a 3-mile, rocky and muddy trail leading to the crater of the volcano, some 21 years after its explosive eruption.Though she doesn't do extreme hikes regularly, Lia Ocampo will never forget her 2012 hike up the crater of Mount Pinatubo in Zambales, Philippines. The group traversed a 3-mile, rocky and muddy trail leading to the crater of the volcano, some 21 years after its explosive eruption.

She went along with some former colleagues with the U.S. Department of Veterans Affairs to explore this very important place in the volcanic history of the world. She went along with some former colleagues with the U.S. Department of Veterans Affairs to explore this very important place in the volcanic history of the world.

<a href='http://ift.tt/1z3Y8Ii'>David O'Neill</a> enjoys hiking as a meditative activity, requiring him to live in the moment. In 2012, he was first exposed to the steep, challenging environment of the High Atlas Mountains of Morocco.David O'Neill enjoys hiking as a meditative activity, requiring him to live in the moment. In 2012, he was first exposed to the steep, challenging environment of the High Atlas Mountains of Morocco.

<a href='http://ift.tt/1u0PbJx'>O'Neill</a> was very concerned about his health on this hike through the Himalayas, at one point worried he might have high-altitude cerebral edema. O'Neill was very concerned about his health on this hike through the Himalayas, at one point worried he might have high-altitude cerebral edema.

<a href='http://ift.tt/1z3Y77i'>Stephen Briggs</a> stands along the Fisherman's Trail section of the Rota Vicentina on the southern Portuguese coast. He covered more than 30 miles over three days in October, and was rewarded with beautiful coastal views and fresh seafood dinners in small seaside villages. Stephen Briggs stands along the Fisherman's Trail section of the Rota Vicentina on the southern Portuguese coast. He covered more than 30 miles over three days in October, and was rewarded with beautiful coastal views and fresh seafood dinners in small seaside villages.

<a href='http://ift.tt/1z3Y77l'>Markku Rainer Peltonen</a> climbed Ben Nevis, the highest mountain in Scotland in 2009, and this remains one of his most memorable hikes over many years. With weather conditions constantly changing, the hike is quite challenging.Markku Rainer Peltonen climbed Ben Nevis, the highest mountain in Scotland in 2009, and this remains one of his most memorable hikes over many years. With weather conditions constantly changing, the hike is quite challenging.








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  • Extreme hikers seek thrills and extraordinary views

  • They often face challenges due to weather or terrain

  • Jeremy Aerts: "I like the idea of never really knowing what to expect around the next corner"




(CNN) -- They had been in Nepal for a week trying to reach Thorong La Pass, 17,769 feet above sea level, when they were caught in a snowstorm, unable to make it to the nearest village.


Avalanches roared down the mountain.


Jeremy Aerts and his girlfriend May Wong pressed on: Extreme hiking enthusiasts, they had committed to making it all the way through.


For some people, the idea of facing such obstacles -- especially voluntarily -- seems crazy. And yet many in the extreme hiking community wouldn't have it any other way.


The new film "Wild," based on the memoir by Cheryl Strayed, chronicles a grueling solo hike along 1,100 miles of the Pacific Crest Trail, on the border with Mexico, after Strayed's divorce and the death of her mother.


The movie, which hits theaters Friday, might encourage more travelers to try extreme hiking.


Aerts, 30, a GIS analyst from Pittsburgh, describes that night in Nepal this past spring as the closest he has ever been to death.


Despite being unable to see 10 feet ahead of them, Aerts and Wong continued.


"At one point the wind was so strong it knocked me off my feet," said Aerts. "We had to break into an abandoned cabin just before dark to spend the night with our guide and another trekking group."


The payoff came the next day when the couple reached the tiny village of Muktinath, surrounded by Himalayan peaks.


"It was one of the most beautiful places I've ever had the chance to see," he said.


And that, in a nutshell, is why Aerts hikes.


"I love the sense of adventure and challenge that it presents," he said. "I like the idea of never really knowing what to expect around the next corner."


Mohit Samant, a 27-year-old software engineer from Kansas City, Kansas, got a similar feeling about hiking when he visited Guatemala a year ago in his most memorable of many hikes.


He had half a mind to quit midway through his hike through the Pacaya volcano due to the incredibly steep terrain, but the hikers with him motivated him to continue to the top.


Ultimately, he said it was the best hiking excursion he has done.


He was able to admire views of three other nearby volcanoes: Agua, Fuego and Acatenango, making the whole experience -- three hours on foot -- well worth it.


Besides the surge of adrenaline, these adventures pay off with some amazing photo ops. Check out the gallery to see more photos you can only take on extreme hikes.



George Bush picks Jeb over Hillary





  • Former President George W. Bush says Hillary Clinton is his 'sister-in-law'

  • Bush said he thinks his brother, Jeb, would win a presidential contest against Clinton




Washington (CNN) -- George W. Bush might have developed a brotherly relationship with Bill Clinton -- but he's still picking his actual brother, Jeb, over Clinton's wife, Hillary, in a potential 2016 presidential match-up.


The two former presidents have developed a close friendship, with Bush sometimes calling Clinton his "brother from another mother." In an interview, CNN's Candy Crowley asked Bush what that makes Hillary Clinton.


"My sister-in-law," he said.





Pres. Bush: Jeb not rushing to decide

But when asked whether his brother, former Florida Republican Gov. Jeb Bush, could run against his sister-in-law, the 43rd president said: "Yeah, and I think he'd beat her."


Bush said there's no question Clinton is formidable, but his brother is, as well.


The potential Clinton vs. Bush matchup would pit two of the most important American political dynasties of recent decades against each other for the second time.


Bill Clinton ousted Bush's father, former President George H.W. Bush, in the 1992 election. The younger Bush then defeated Clinton Vice President Al Gore to succeed Clinton in the 2000 election.


Hillary Clinton ran for the job when Bush left office in 2008, but lost to Barack Obama in the Democratic primary.


Both the former secretary of state and the Florida governor have maintained their families' vast political and fundraising networks. Clinton would be the prohibitive favorite to win the Democratic nomination, while Bush would likely face a stiffer challenge from conservative critics during his primary thanks to some of his positions on education and immigration policy.


Bush has urged Jeb to run for president, he's said in several recent interviews. Jeb Bush, meanwhile, said this week that he plans to make a decision early next year.


"He's seen what it's like to be the son of a president. He's seen what it's like to be the brother of a president," Bush said. "And therefore he's being very -- he is not rushing into running for the presidency. I have no clue where his head is now."



Cop who shot boy called immature





  • Cleveland Police Officer Timothy Loehmann shot and killed a 12-year-old boy

  • Records show he had resigned from a past police job in a Cleveland suburb

  • Former supervisor: He showed "lack of maturity, indiscretion and not following instructions"

  • Cleveland Police say they never saw the personnel file that detailed criticism




(CNN) -- Nearly two years before he shot and killed a 12-year-old who had an air gun, Cleveland Police Officer Timothy Loehmann resigned from another police job after a supervisor described him as "distracted and weepy" and "emotionally immature."


Records from the Independence Police Department obtained by CNN include comments from a supervisor detailing what they called "a pattern of lack of maturity, indiscretion and not following instructions," a "dangerous loss of composure during live range training" and an "inability to manage personal stress."


"I do not believe time, nor training, will be able to change or correct these deficiencies," Independence Deputy Chief Jim Polak wrote in a November 2012 memo.





DOJ report: Cleveland police 'reckless'

Now Loehmann, who could not be immediately reached for comment, is one of two Cleveland police officers under investigation after the fatal shooting of 12-year-old Tamir Rice last month. Police have said the boy was shot after pulling out an air gun that looked like a real firearm.





Video shows police shooting of a boy




12-year-old killed by cops over air gun




Cops: We'll release video of shooting

Loehmann joined the Cleveland Police Department in March. A Cleveland Police spokesman said Thursday that during a background check before hiring Loehmann, his department didn't review the officer's personnel file from Independence, a suburb south of the city. Detectives did speak with the Independence human resources director, the spokesman said.


"During that interview detectives inquired if there were any disciplinary actions or incidents that Cleveland Police should be aware of prior to hiring Loehmann, at which point they were told there were none," Sgt. Ali Pillow said. "The reason for departure indicated was resignation. Officer Loehmann indicated that he resigned for personal reasons, which was substantiated by the City of Independence."


According to the records, Loehmann worked at the Independence Police Department as an officer until December 2012, when he submitted his resignation "for personal reasons" after he was told that a disciplinary process of separation had begun.


"Ptl. Loehmann's inability to perform basic functions as instructed, and his inability to emotionally function because of a personal situation at home with an on and off again girlfriend leads one to believe that he would not be able to substantially cope, or make good decisions, during or resulting from any other stressful situation," Polok wrote.


Another memo from a sergeant who worked with Loehmann at a shooting range described the officer as "distracted," "not fit to return" after an emotional outburst and someone who was "not following simple instructions."


An Independence spokeswoman said in a statement that the city had made all personnel files for Loehmann available.


Loehmann has been on paid injured leave since November 22 after injuring his ankle in the shooting, Pillow said. His partner is also on paid administrative leave


The shooting has sparked criticism from community members who accuse police of unnecessary violence.


Police said it's not clear if the responding officers involved in the shooting received information about the age of the suspect or the gun being "probably fake."


Fred Loehmann, Timothy Loehmann's father, told the Cleveland Plain Dealer this week that his son didn't know the boy's gun was fake or realize he was 12 years old.


"I was right there and he went for the gun," he recalled his son saying, according to the newspaper. "I had no choice."


Efforts by CNN to reach Loehmann Thursday were not immediately successful.


Justice Dept.: Cleveland police have pattern of excessive force


CNN's Kyung Lah and Mayra Cuevas contributed to this report.



Another storm near as Tacloban mends






Many in Tacloban have sought shelter in more solid buildings, such as school halls, as a major typhoon threatens the town -- tragically familiar with devastating weather.Many in Tacloban have sought shelter in more solid buildings, such as school halls, as a major typhoon threatens the town -- tragically familiar with devastating weather.

Many of the evacuees are children and babies. This woman and her sister fear their modest home will be destroyed, as was the case last year during Haiyan. But they won't leave Tacloban.Many of the evacuees are children and babies. This woman and her sister fear their modest home will be destroyed, as was the case last year during Haiyan. But they won't leave Tacloban.

It is usually the poorest who are the most vulnerable during severe storms. Their housing is often basic and prone to collapse.It is usually the poorest who are the most vulnerable during severe storms. Their housing is often basic and prone to collapse.

Stormy skies build over Tacloban's poorest neighborhood, from where many residents are now being evacuated.Stormy skies build over Tacloban's poorest neighborhood, from where many residents are now being evacuated.

The Tacloban relief effort takes place under the watchful eye of the mayor.The Tacloban relief effort takes place under the watchful eye of the mayor.

The Philippines military is deployed in Tacloban this time, ready should they be called as first responders.The Philippines military is deployed in Tacloban this time, ready should they be called as first responders.

The expected run on supplies such as gas didn't happen, with businesses -- such as this Tacloban gas station -- much better prepared.The expected run on supplies such as gas didn't happen, with businesses -- such as this Tacloban gas station -- much better prepared.

San Jose was one of the hardest hit parts of Tacloban during last year's disaster.San Jose was one of the hardest hit parts of Tacloban during last year's disaster.

A boy surfs as the swell builds off San Jose.A boy surfs as the swell builds off San Jose.

A lone tree in one of the areas of Tacloban hardest hit by Haiyan last year.A lone tree in one of the areas of Tacloban hardest hit by Haiyan last year.

Children smile despite the adversity.Children smile despite the adversity.









  • Year after Typhoon Haiyan, people of Tacloban are again braced for a tropical storm

  • Prospect of another massive storm so soon after Haiyan is enough to alarm people

  • At school near Tacloban City, hundreds of families seek shelter in a school

  • Police, military deployed with large number of foreign NGOs, soldiers from South Korea's military




Tacloban, Philippines (CNN) -- Anyone who visits Tacloban would be struck by the resilience of its people, many of whom lost everything -- family, friends, homes -- when Typhoon Haiyan battered the central Philippines a year ago.


But imagine if you were them for a moment: you're told another storm, almost as powerful, is now heading for you. It's a horrifying prospect.


INTERACTIVE: See the latest satellite and path of the storm


This is a population used to frequent tropical storms and that was one of the problems in November 2013. So many people thought they could ride out the storm but didn't account for the deadly floodwaters from the storm surge that followed.


And what followed has been well documented -- entire communities flattened and decomposing bodies strewn along the side of roads. A death toll that eventually exceeded 5,000 of this country's most impoverished souls. Nearly everyone here lost someone.





Tacloban braces for Super Typhoon Hagupit




Year's worst storm threatens Philippines




Super typhoon could hit Philippines

Barely 12 months later and the people of Tacloban, a name that will be forever associated with this disaster, have only started to recover, with many schools and homes rebuilt, businesses reopened and the scars of lost relatives and friends beginning to heal.


READ: Philippines braces for Super Typhoon Hagupit


The current storm in question -- Typhoon Hagupit -- may not yet hit Tacloban, such is the chilling unpredictability of these weather systems, but the prospect of another massive storm so soon after Haiyan is enough to alarm people here.


And that has spurred many to act.


"I heard about the new storm on television," Charity Hilaria, a young mother, told CNN from outside her modest home on the edge of a dirt road into Tacloban.


"It scared me, I remembered last year," she added. As she cradled her weeks-old son, she told us that her family would be evacuating and spending the next couple of nights in a hotel. "We have to hide somewhere to be safe." Last year, she said they didn't understand the dangers of a storm surge because the government hadn't warned them.


Hilaria's home was completely destroyed by Haiyan. Her new one -- little more than a rickety wooden shack -- took six months to complete, and only after they managed to get financial assistance from one of the many NGOs and foundations active in the region.


READ: Philippines gets more than its share of disasters


While the safety of her family was the priority, she appeared resigned to losing her second home. All they can do is tie down the corrugated iron roof. Asked whether she'd consider leaving Tacloban for good, her sister, Christina, interjected: "No, this is where we grew up. We've been living here for almost 30 years, so it's hard for us to leave somewhere and start a new life."


Unfortunately, many of the homes of Tacloban's poorest rebuilt in the wake of Haiyan are little more than shanty-like structures located in areas extremely vulnerable to flooding and storm surges. The local government initially tried to ban them from these areas, but they eventually relented, such was the pressure to build new homes in the wake of Haiyan.


At one school on the outskirts of Tacloban City, hundreds of families sought shelter in a school, setting up makeshift camps along corridors outside classrooms labeled "Science lab" or "English," and inside a massive sports hall.


This is one of more than 60 evacuation centers dotted around the area.





Now we pray that this new storm just disappears.

Tacloban resident Ramil Arania




As we walked into the sports hall, we were greeted by hundreds of smiling faces -- mainly children, who clearly viewed this as an adventure. One middle-aged woman told us she'd brought all 13 of her children along with her.


Another young mother said her husband insisted they leave their home despite the threat of losing their possessions to opportunist looters. She said memories of the Haiyan prompted them to look for somewhere safe to shelter.


As we moved towards the San Jose neighborhood, one of the worst-hit areas of Tacloban last year, the scars of Haiyan were evident, a single palm tree stood defiantly on the beach alongside a group of wrecked wooden shacks -- once the homes of entire families.


This is a particularly poor neighborhood that sits along the water's edge. Many residents like Ramil Arania, 40, have opted to evacuate too, though the police reportedly have orders to arrest anyone who ignores compulsory evacuation orders for this area anyway.


With the incongruous sight of a young boy surfing in the background, Arania told us he and his family were inside when the waves started to lash their home during last year's storm surge. "We were lucky, because the water made a hole in our wall that created a pocket for the water to pass through and not collapse it," he said.


"We managed to get to the second floor -- if it wasn't for that hole, it would have collapsed and we'd have been swept away.


"And now we pray that this new storm just disappears."


While there's a very real fear that last year could happen again, the situation in Tacloban is calm. The police and military are deployed here alongside an impressive number of foreign NGOs and even soldiers from South Korea's military.


The feared run on supplies doesn't seem to have materialized -- yet. While some businesses have boarded up and closed, others, including gas stations, don't have long queues of people anxious to stock up.