Assange to fight extradition in top UK court (Reuters)

LONDON (Reuters) ? WikiLeaks founder Julian Assange, who is fighting extradition to Sweden, won the right on Monday to ask Britain's Supreme Court to hear his case, prolonging his stay in Britain.

Swedish authorities want to question the 40-year-old Australian over accusations of rape and sexual assault made by two female former WikiLeaks volunteers in August 2010.

Assange, who has been living in Britain since his arrest here in December last year, denies wrongdoing.

Monday, two High Court judges ruled that he could ask the Supreme Court to look at his case. However, the ruling does not guarantee him a hearing. The Supreme Court, Britain's highest, can decide to hear his case, or reject his petition.

Assange now has 14 days in which to formally lodge an appeal, meaning his stay in Britain is certain to stretch into 2012.

Asked by Reuters as he left the court if he thought the ruling was a victory, the silver-haired Assange said "Yes" before he was whisked away through a crowd of reporters and supporters.

Dressed in a dark grey suit, Assange embraced his lawyer Gareth Peirce after the hearing in London.

The two judges ruled that Assange's case raised a question "of general public importance" that should be decided by the Supreme Court "as quickly as possible."

Assange argues that the European arrest warrant on which he is being held is invalid because it was issued by a prosecutor in Sweden rather than by a court or a judge.

"I am a bit surprised," said Swedish Prosecution Authority spokeswoman Karin Rosander, reacting to the ruling. She maintained the prosecution authority has the right to issue an arrest warrant.

Assange spent nine days in London's Wandsworth prison after his arrest last year. He was freed a week before Christmas on bail and has since been living at the country house of a wealthy supporter in eastern England.

His arrest came shortly after WikiLeaks published thousands of secret U.S. diplomatic cables that included unflattering views of world leaders and candid assessments of security threats.

Assange says the allegations against him are politically motivated and has fought a complex and expensive legal battle to avoid being sent back to Sweden.

In 2010, WikiLeaks posted 391,832 secret papers on the Iraq war and 77,000 classified Pentagon documents on the Afghan conflict. It has also made available about 250,000 individual cables, daily traffic between the State Department and more than 270 American diplomatic outposts around the world.

(Additional reporting by Keith Weir in London and Patrick Lannin in Stockholm; Editing by Alessandra Rizzo)

Source: http://us.rd.yahoo.com/dailynews/rss/europe/*http%3A//news.yahoo.com/s/nm/20111205/wl_nm/us_britain_assange

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Threat to European ratings deflates a stock rally

Specialist Bradley Kessler, left, and trader Gordon Charlop, right, work on the floor of the New York Stock Exchange Monday, Dec. 5, 2011. Stocks rose broadly in early trading Monday on hopes for a plan to restore long-term confidence in the euro. (AP Photo/Richard Drew)

Specialist Bradley Kessler, left, and trader Gordon Charlop, right, work on the floor of the New York Stock Exchange Monday, Dec. 5, 2011. Stocks rose broadly in early trading Monday on hopes for a plan to restore long-term confidence in the euro. (AP Photo/Richard Drew)

Trader George Ettinger works on the floor of the New York Stock Exchange Monday, Dec. 5, 2011. Stocks rose broadly in early trading Monday on hopes for a plan to restore long-term confidence in the euro. (AP Photo/Richard Drew)

Traders work on the floor of the New York Stock Exchange Monday, Dec. 5, 2011. Stocks rose broadly in early trading Monday on hopes for a plan to restore long-term confidence in the euro. (AP Photo/Richard Drew)

Reports that all countries using the euro could get their credit ratings downgraded deflated a morning rally in the stock market Monday. The Dow Jones industrial average closed up 78 points, giving back much of a 167-point gain from earlier.

News reports in the afternoon said Standard & Poor's would put all nations that use the euro on "creditwatch negative," meaning there is a 50-50 chance of a downgrade in the coming months. S&P had warned of possible rating demotions for many of the countries. The inclusion on the list of Germany, Europe's strongest economy, was the biggest surprise.

After the market closed, S&P confirmed that it had placed 15 nations on notice for possible downgrades. Two countries that use the euro weren't affected: Cyprus already had that designation and Greece already has ratings low enough to suggest that it's likely to default soon anyway.

Stocks rose in the morning after the leaders of France and Germany called for a new treaty to impose greater fiscal discipline on European countries. Yields on Italian government bonds receded sharply after the new government of Mario Monti introduced sweeping austerity measures over the weekend. That suggests traders believe Italy is less likely to default.

"There's pent-up demand, and people will use any excuse to get back in, thinking there's been too much pessimism," said Brian Gendreau, investment strategist with Cetera Financial Group. Despite strong signals about the U.S. economy, the market has been weighed down by negative headlines about the U.S. budget impasse, credit-rating downgrades of the U.S. and other nations, and Europe's spreading crisis, Gendreau said.

The Dow Jones industrial average rose 78.41 points, or 0.7 percent, to 12,097.83.

The gains were broad. All 10 industry groups in the Standard & Poor's 500 index rose. Financials stocks were among the biggest winners. Investors have feared that U.S. banks might be dragged down by their close connections to the unstable European financial system.

JPMorgan Chase & Co. jumped 3.7 percent, the most in the Dow. Bank of America was the second-biggest gainer, 2.7 percent. Citigroup Inc. rose 5.9 percent, Morgan Stanley 6.8 percent.

The S&P 500 rose 12.8, or 1 percent, to 1,257.1. The Nasdaq rose 28.83, or 1.1 percent, to 2,655.76.

Investors are hoping that a summit of European leaders on Thursday and Friday will produce concrete measures to prevent a messy breakup of the euro currency, which is shared by 17 nations. Markets have been jittery because of fears that the euro might disintegrate, causing a sharp recession in Europe that would spread through the world economy.

The main Italian stock index jumped 2.9 percent as Italian bond yields dropped to their lowest level in a month. The yield on the 10-year Italian bond plunged half a percentage point to 5.93 percent. It rose above 7 percent last month, a level at which other nations were forced to take bailouts. By comparison, bond yields in Germany, Europe's largest and most stable economy, are roughly 2 percent.

Analysts say bailing out Italy would be too costly and would hurt the credit standing of German and France, which have the strongest economies in the euro group.

Monday's gains follow the best week in more than two years for U.S. stock indexes. The S&P 500 rose 7.4 percent last week, the most since March 2009. The Dow jumped 7 percent, the most since July 2009.

In corporate news:

? Gannett Co. leapt 10.2 percent after the media company was upgraded to "buy" from "neutral" by analysts at Lazard Capital Markets.

? Incyte Corp. fell 2 percent after a Citigroup analyst downgraded the drug maker to "neutral" from "buy," saying its new blood-disease drug Jakafi might not work as a long-term treatment.

? SuccessFactors Inc. soared more than 50 percent after the company agreed to be sold to German software company SAP for $3.4 billion. SuccessFactors makes software specializing in human resources tasks. The deal is part of SAP's plan to compete with software rival Oracle Corp.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/f70471f764144b2fab526d39972d37b3/Article_2011-12-05-Wall%20Street/id-a9980dc80a1540eeb40d967db9fc7a3e

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Mayor: Infant, 3 others shot dead in NJ (Providence Journal)

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Elden Hughes dies at 80; longtime Sierra Club leader

Elden Hughes, a crusader for wild places and a leader of the Sierra Club's battles to protect desert wilderness from development and abuse, has died. He was 80.

Hughes, who died of prostate cancer early Sunday at his home in Joshua Tree, Calif., was a visionary and inspirational figure who mentored generations of activists in fights to reduce the environmental damage of developments, including renewable energy projects on pristine landscapes and wildlife.

Hughes was among a dozen environmentalists invited to the White House in 1994 when President Clinton signed the landmark California Desert Protection Act, which created a new national park in the eastern Mojave Desert and elevated Death Valley and Joshua Tree from national monument to national park status.

---

FOR THE RECORD: An earlier version of this online article misstated the size of a land purchase that Elden Hughes helped the Wildlands Conservancy complete in 2003 as more than 62,000 acres. The conservancy purchased more than 620,000 acres.

---

The Sierra Club stalwart with gray hair and piercing blue eyes was accompanied by a dozen baby California desert tortoises he had used as calling cards to lobby hundreds of congressmen and senators.

"Elden and his wife, Patty, would walk into a congressional office and place those little critters down on a table," recalled fellow Sierra Club activist Jim Dodson. "Within seconds, staffers would be oohing and cooing over tortoises big as silver dollars and cute as buttons. Next thing you know, the boss would wander out of a back office wanting to know what the hubbub was about. It was hard to say no to Elden after that."

Sen. Dianne Feinstein (D-Calif.), author of the final version of the protection act, said, "Hughes dedicated his life to the protection and revival of our great Mojave Desert and its tortoises. I'll never forget when he brought a couple of tortoises to a large constituent breakfast and the amazed and glowing faces of youngsters when he told them they live for decades. Elden led a huge citizen effort in 1993 to support my Desert Protection Act. We will pass the second Desert Protection Act, now pending in committee, in his honor. He will be greatly missed."

In 2003, Hughes helped the Wildlands Conservancy, a private nonprofit environmental group, complete a massive land-buying program. More than 620,000 acres of former railroad parcels from the Salton Sea to the Colorado River purchased with $45 million in private donations collected by the conservancy and $18 million in federal funds were handed over to the public for preservation.

In an interview at the time, Hughes, an honorary vice president of the Sierra Club, stood on a ridgeline high above a patch of former railroad property, breathed reverently and reached out with his hands to embrace the vistas of gleaming ancient lava flows, dry washes pocked with cactus and a lone mountain where a blue bird flitted from smoke tree to creosote bush.

"My god, this landscape is grand," he said. "I'm going to encourage folks to go out and see it, walk it, drive it and photograph it."

Hughes backed Feinstein's ongoing efforts to establish two national monuments on roughly 1 million acres of Mojave Desert that is home for bighorn sheep and desert tortoises, extinct volcanoes and sand dunes.

A year ago, Hughes was among activists who persuaded the Los Angeles Department of Water and Power to drop its plans to build an 85-mile-long "green" power transmission line across desert wilderness preserve and scenic mountains.

Born in 1931, Hughes was raised on a ranch in Whittier when much of the area was wild, and his enduring love affair with wide open spaces began early on. His first memories included trips to Death Valley with his parents. At 13, he had made enough money selling hogs to buy a used car and start exploring California's backcountry.

In 1953, he graduated from Whittier College, where he majored in archaeology, geology and economics.

Hughes later spent nearly a decade working with his father in a wholesale plumbing supply business. After that business was sold, he went on to become a computer executive at Warner Information Systems in Los Angeles.

By the mid-1970s he was a divorced father of three sons and a new member of the Sierra Club and of the Pacific Coast Archaeological Society, leading tours of rivers, caves and remote escarpments decorated with petroglyphs.

Hughes met his second wife, Patty, in 1978 at a Sierra Club meeting. He was elected to the executive committee of the Sierra Club's Angeles Chapter in 1985, and was chapter chairman through 1988. Under his leadership the Sierra Club helped win federal scenic designations for the Tuolumne, Merced and Kings rivers.

"In 1982, our family floated down the Grand Canyon in our own inflatable rafts," recalled Hughes' eldest son, Mark. "In one stretch of rapids, Dad was so determined keep his raft from tipping over that he bent his oar from pulling so hard on it. That was his approach to the things that really mattered."

At the center of his work was the Mojave Desert.

Hughes gave speeches at fundraisers in support of the Bureau of Land Management's ultimately successful effort to save the remote Union Pacific Railroad depot in Kelso, Calif., from demolition.

In the mid-1980s he joined forces with Sierra Club activists Dodson and Judy Sanderson in the fight for the desert protection act. Each brought a special skill to the cause: Dodson dealt with legislation and legal matters; Anderson researched historical documents, maps and property records and Hughes handled the press and public relations.

"Elden was a master at generating a great sound bite on cue: a terse phrase or metaphor that summed up a complex issue in a way anyone could understand," Dodson recalled. "He also knew the desert very well because he'd driven an old blue Ford station wagon of his all over most of it, and walked the rest."

A week ago Hughes received a lifetime achievement award from the Wildlands Conservancy.

"He asked me to scatter his ashes," said David Myers, executive director of the conservancy. "I said, 'Where do you want them scattered, Elden?' He said, 'On the top of Navajo Mountain in Utah.' I said, 'How do you get there?' He smiled and said, 'Rent a boat and go up about 15 miles to Rainbow Bridge. It's about a 10-mile hike in from there.' "

Hughes is survived by his wife, Patty; sons Mark, Paul and Charles, and three grandchildren.

louis.sahagun@latimes.com

Source: http://feeds.latimes.com/~r/latimes/news/science/~3/kaqHAdh99uY/la-me-elden-hughes-20111205,0,2240871.story

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American denies involvement in Aruba disappearance

Gary Giordano of Gaithersburgh, Md., who was detained for four months after the presumed death of his traveling companion, Robyn Gardner, in Aruba, pauses during an interview on ABC television's "Good Morning America" in New York, Thursday, Dec. 1, 2011. During the interview Giordano, 50, refused to detail what happened to Gardner on Aug. 2, the last day she was seen alive, saying he has told that story to investigators "50, 60 times." He has said she was swept out to sea while snorkeling. Her body has not been found. (AP Photo/Ida Mae Astute, ABC)

Gary Giordano of Gaithersburgh, Md., who was detained for four months after the presumed death of his traveling companion, Robyn Gardner, in Aruba, pauses during an interview on ABC television's "Good Morning America" in New York, Thursday, Dec. 1, 2011. During the interview Giordano, 50, refused to detail what happened to Gardner on Aug. 2, the last day she was seen alive, saying he has told that story to investigators "50, 60 times." He has said she was swept out to sea while snorkeling. Her body has not been found. (AP Photo/Ida Mae Astute, ABC)

Gary Giordano, right, of Gaithersburgh, Md., who was detained for four months after the presumed death of his traveling companion, Robyn Gardner, in Aruba, is interviewed by Robin Roberts on ABC television's "Good Morning America" in New York, Thursday, Dec. 1, 2011. During the interview Giordano, 50, refused to detail what happened to Gardner on Aug. 2, the last day she was seen alive, saying he has told that story to investigators "50, 60 times." He has said she was swept out to sea while snorkeling. Her body has not been found. (AP Photo/Ida Mae Astute, ABC)

Gary Giordano, center, a Maryland businessman who had been jailed in Aruba on suspicion of involvement in the presumed death of his traveling companion, walks through Miami International Airport in Miami with attorney Jose Baez, right, after leaving Aruba, Wednesday, Nov. 30, 2011. Giordano denies any wrongdoing in the disappearance of Robyn Gardner. A judge ordered his release after ruling prosecutors didn't have enough evidence to justify holding him longer. (AP Photo/Wilfredo Lee)

Gary Giordano, a Maryland businessman who had been jailed in Aruba on suspicion of involvement in the presumed death of his traveling companion, walks through Miami International Airport in Miami after leaving Aruba, Wednesday, Nov. 30, 2011. Giordano denies any wrongdoing in the disappearance of Robyn Gardner. A judge ordered his release after ruling prosecutors didn't have enough evidence to justify holding him longer. (AP Photo/Wilfredo Lee)

Gary Giordano, left, a Maryland businessman who had been jailed in Aruba on suspicion of involvement in the presumed death of his traveling companion, walks through Miami International Airport in Miami with attorney Jose Baez, right, after leaving Aruba, Wednesday, Nov. 30, 2011. Giordano denies any wrongdoing in the disappearance of Robyn Gardner. A judge ordered his release after ruling prosecutors didn't have enough evidence to justify holding him longer. (AP Photo/Wilfredo Lee)

WASHINGTON (AP) ? An American businessman suspected in the presumed death of his traveling companion in Aruba said Thursday that he had nothing to do with her disappearance.

Appearing on ABC television's "Good Morning America," Gary Giordano defended his actions in the wake of Robyn Gardner's disappearance, criticized his former attorney and said the Aruban economy was driven by cocaine and human trafficking.

Later Thursday, the chief Aruban prosecutor said Giordano remains the chief suspect in Gardner's death and that the investigation remains active.

The interview was Giordano's first since he was released Tuesday from an Aruban jail. He flew Wednesday to the United States, and after he landed, an appeals court ruled that prosecutors lacked sufficient evidence to continue holding him. Later Wednesday, the 50-year-old employment services company owner was reunited with his three sons.

In an 11-minute interview with "Good Morning America" anchor Robin Roberts, Giordano, 50, refused to detail what happened to Gardner on Aug. 2. That was the last day she was seen alive, and he said he has told that story to investigators "50, 60 times." He has said she was swept out to sea while snorkeling with him. Her body has not been found.

Asked whether he had anything to do with Gardner's disappearance, Giordano said, "absolutely not."

But he said he does have regrets.

"A person that I cared about, a companion ... has disappeared on my watch," he said. "It will weigh heavily on me for a very long time."

The case recalled that of Alabama teenager Natalee Holloway, who disappeared in May 2005 on a high school graduation trip to Aruba. Her body also was never found and the prime suspect, Joran van der Sloot, was detained for months before being released for lack of evidence. He is now facing trial in the death of a woman in Peru.

Aruban Solicitor General Taco Stein said authorities would ask for Giordano's extradition as soon as they are ready to bring charges. But with no direct evidence that a crime was even committed, there is no guarantee that charges will be filed. The FBI is assisting with the probe, and Stein said he could not say when it would conclude.

Giordano's attorneys have said he likely cannot be returned to Aruba unless prosecutors intend to bring him to trial.

Stein said the interview did not change his opinion that Giordano is the main suspect.

"Clearly, if you look at what he said there, he is avoiding the subject and not making clear statements about what happened," Stein said.

Giordano tried to clarify aspects of his behavior that investigators have called suspicious. He said the $1.5 million accidental death policy he took out on Gardner was part of a travel insurance package that covered both of them. Giordano, who is divorced, said he always takes out travel insurance because he wants his sons to be protected if something happens to him.

"If I go traveling and I disappear, I want them to be covered. I maxed out on everything," Giordano said.

He said he inquired about the insurance two days after Gardner's disappearance on the advice of his former attorney, Michael Lopez. He said Lopez told him he could be billed for expenses related to the search for Gardner.

Prosecutors have mentioned the insurance policy as a possible motive in Gardner's death.

Giordano denied that he and Gardner had been drinking before they went snorkeling. "We were a sober couple," he said.

He also said surveillance video of him in the immediate aftermath of Gardner's disappearance fails to capture his sense of urgency. The video shows him shirtless, wearing swim trunks and tennis shoes, knocking on doors. He does not appear panicked.

He said he was exhausted after swimming back to shore and couldn't find anyone.

"There's nobody there! I'm supposed to scream into the air?" Giordano said.

Giordano was arrested Aug. 5 as he was preparing to board his previously scheduled flight out of Aruba. He said he had been told by authorities that he could leave and that Gardner's mother also encouraged him to go home.

Gardner's friends and family have expressed doubts about her disappearance, saying it was unlikely the 35-year-old woman would have gone snorkeling in the first place. Her mother did not immediately return a message Thursday.

At the end of the interview, Giordano asserted that cocaine and human trafficking were Aruba's "two main sources of income," although he did not explicitly suggest that either had anything to do with Gardner's disappearance. He also noted that Venezuela is a 30-minute boat ride away from the beach where he and Gardner went snorkeling.

Stein was perplexed by Giordano's comments.

"There has been no mention of drugs in this case," Stein said. "It's rather odd for Mr. Giordano to mention this because it contradicts his statements. He said they went snorkeling and the weather got rough and she didn't come out of the water. Did he see a boat? He contradicts himself that way."

Giordano spoke alongside his attorney, Jose Baez, who won an acquittal earlier this year for Florida mother Casey Anthony, who was accused of killing her daughter. Baez was critical of Giordano's former attorney, Michael Lopez, saying that Lopez gave his client bad legal advice and was driven by greed.

In a statement, Lopez said Baez's comments "are not based on reality."

Giordano's sons ? Jason, 19, and twins Tyler and Joshua, 14 ? stood behind him during the interview. After he found out Wednesday that the prosecutors' appeal was denied, he told ABC News that he never expected to be freed.

"I'd accepted the fact that they were gonna keep me from my kids forever," Giordano said.

___

Associated Press writer Ben Fox in San Juan, Puerto Rico, contributed to this report.___Follow Ben Nuckols on Twitter at http://twitter.com/APBenNuckols .

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/386c25518f464186bf7a2ac026580ce7/Article_2011-12-01-Aruba-Missing%20American/id-219e449f7f214c5f8dd4cee634825972

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Court: Some bone marrow donors can be paid (AP)

SAN FRANCISCO ? A federal appeals court ruled Thursday that most bone marrow donors can be paid, overturning the government's interpretation of a decades-old law making such compensation a crime punishable by up to five years in prison.

In its ruling, the 9th U.S. Circuit Court of Appeals said a technological breakthrough makes donating bone marrow a process nearly identical to giving blood plasma.

It's legal ? and common ? to pay plasma donors. Therefore, the court ruled, bone marrow donors undergoing the new procedure can be paid as well and are exempt from a law making it a felony to sell human organs for transplants.

The unanimous, three-judge panel of the court did say it remains a felony to compensate donors for undergoing an older transplant method, which extracts the marrow from the donors' bones.

But the court said the new technology isn't covered by the law because actual bone marrow isn't taken from the donor. Instead, specialized cells that grow into marrow are taken from a donor's bloodstream, and it's basically a blood donation, not an organ transplant, the court said. It noted that two-thirds of bone marrow transplants employ the newer process.

Tens of thousands of people with leukemia, lymphoma and other blood diseases are saved each year by such procedures. An estimated three thousand others die waiting for donations, which unlike simple blood donations need to be genetically compatible, making matches especially difficult for African Americans.

Advocates for paying donors said compensation will spur even more donations. Detractors argue that donor compensation will exploit the poor to undergo risky medical procedures to benefit the wealthy.

The National Marrow Donor Program, the nonprofit that provides transplants from volunteers, opposes payments.

"We were surprised and puzzled by the appellate court's decision regarding allowing compensation," said Michael Boo, the program's chief strategy officer. "The National Marrow Donor Program is studying the decision and assessing the impact. We do not anticipate the ruling will change the NMDP's current policies and practices."

The ruling overturns a lower court decision barring compensation for all bone marrow donations.

The lawsuit was filed by lawyers at the nonprofit Institute for Justice, representing a coalition of patients, doctors and MoreMarrowDonors.org, which is seeking to offer donors $3,000 in the form of a scholarship, housing allowance or gift to charity.

A plaintiff in the lawsuit, Kumud Majumder, said his 11-year-old son, Arya, died of leukemia last April.

The family had resorted to an imperfect bone marrow donor match in desperation because no perfect match was available, the father said at a news conference outside the circuit court's Pasadena chambers

"Arya's tragedy happened in part because of a lack of bone marrow donors," Majumder said. "In the end, creating more and better bone marrow donor matches through a system of modest compensation will save the lives of patients, improve the lives of donors, drive down the costs of treatment and improve the quality of life of cancer patients as they battle to survive."

At the heart of the court's ruling, which is sure to ignite renewed debate over paying medical donors, are two processes for transplanting bone marrow into patients suffering from diseases of the blood.

The first and older one is known as "aspiration" and requires the donor to endure painful and risky procedures that require hospitalization and anesthesia. Long, thick needles are inserted into the cavities of the donor's hip bones to suck out the bone marrow. The court said that process was still covered by the National Organ Transplant Act, which explicitly prohibits paying donors for their bone marrow.

"The point of the ban on selling organs is to protect people from ignoring the medical risk for money," said Arthur Caplan, a bioethicist with the University of Pennsylvania. Caplan said the ruling Thursday may unintentionally support campaigns to pay donors in other medical fields such as compensating women for their eggs.

The newer procedure, which the court ruled exempt from the act, was developed about 20 years ago and involves harvesting cells from the bloodstream rather than in bone. Called "apheresis," the procedure requires the donor to undergo five days of drug injections to stimulate production of specialized blood cells. Then the donor sits in a recliner for several hours while the blood is filtered through a machine that extracts the specialized cells.

"Congress could not have had an intent to address the apheresis method when it passed the statute, because the method did not exist at that time," Judge Andrew Kleinfeld wrote for the court. "We construe `bone marrow' to mean the soft, fatty substance in bone cavities, as opposed to blood, which means the red liquid that flows through the blood vessels."

Kleinfeld said it may be time to apply a new label to the process.

"It may be that `bone marrow transplant' is an anachronism that will soon fade away, as peripheral blood stem cell apheresis replaces aspiration as the transplant technique, much as `dial the phone' is fading away now that telephones do not have dials," Kleinfeld wrote.

The decision won't become official for at least 30 days while the U.S. Department of Justice ponders what to do next. The DOJ can ask the appeals court to reconsider the decision or petition the U.S. Supreme Court to take it.

DOJ spokesman Charles Miller said the department is reviewing its options.

Source: http://us.rd.yahoo.com/dailynews/rss/health/*http%3A//news.yahoo.com/s/ap/20111202/ap_on_he_me/us_bone_marrow_donation_lawsuit

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Interesting HR822 Legal Questions | Shall Not Be Questioned

Nov 30, 2011 Posted by Sebastian in Carrying / Self-Defense | 15 comments

Andy from the comments asks, ?Does HR 822 allow me to take my ?high capacity? magazine to New York? Hmm? hadn?t thought about that.??That?s a good question. From my reading of the language of HR822, That?s rather questionable. Also, it would be questionable whether it would be legal, for instance, to carry hollow point ammunition in New Jersey under HR822. My feeling on both counts is that no, that you would have to abide by both the magazine limits and rules regarding hollow points, as would a resident of ?both those jurisdictions.

The other side of that coin would be an argument that the law authorizes the carry of a handgun, regardless of ?eligibility to possess or carry? the state may require, provided that you are not prohibited by federal law from gun possession, and have a valid license to carry. Therefore the language makes you qualified to carry a handgun, which would also, naturally, include magazines and ammunition.

I think the argument that you have to abide by rules on magazines and ammunition type is much stronger than the latter argument. If HR822 does pass, you might want to stick with New York, California, and New Jersey law on magazine capacity, and also New Jersey?s law on hollow-point bullets.

Related posts (automatically generated):

1. Two Things To Watch For
2. HR822 Replaced
3. Language Available for HR822

Source: http://www.pagunblog.com/2011/11/30/interesting-hr822-legal-questions/

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