Subject: Daily News Clips 3/18
From: "Sam Losow" <[email-masked]>
To: "undisclosed-recipients:"
Date: Tue, 18 Mar 2014 10:51:47 -0400

*National News:*

 *Putin, defying the U.S., starts the process of annexing Crimea*
Russian President Vladimir Putin defied new U.S. and European Union
sanctions and announced Monday that Russia would annex the Ukrainian region
of Crimea. Putin recognized Crimea as an independent state on Monday. A day
earlier, Crimeans voted to break away from
<http://theweek.com/article/index/258134/speedreads-crimea-overwhelmingly-votes-to-join-russia-in-disputed-referendum>
Ukraine<http://theweek.com/article/index/258134/speedreads-crimea-overwhelmingly-votes-to-join-russia-in-disputed-referendum>,
although the validity of the referendum, which took place under a heavy
Russian troop presence, was disputed by Kiev, the U.S., and Europe. [
*Reuters*<http://www.reuters.com/article/2014/03/18/us-ukraine-crisis-idUSBREA1Q1E820140318>
, *The New York
Times*<http://www.nytimes.com/2014/03/18/world/europe/us-imposes-new-sanctions-on-russian-officials.html?emc=edit_na_20140317&nlid=6297716&_r=0>
]
..........................................................................................

*GM recalls another 1.5 million vehicles*
General Motors on Monday announced the recall of 1.5 million more vehicles,
mostly crossover SUVs needing a wiring fix for side airbags. GM was already
facing criticism for waiting 10 years before the recent recall of 1.6
million vehicles<http://theweek.com/article/index/258052/4-smart-insights-into-gms-recall-disaster>
to
repair ignition switches linked to 12 fatal crashes. "Something went wrong
with our process, and terrible things happened," GM CEO Mary Barra said. [*Los
Angeles Times*<http://www.latimes.com/business/autos/la-fi-0318-gm-second-recall-20140318,0,7096228.story#ixzz2wGlRiGPG2.%20>
]
..........................................................................................

*Affordable Care Act sign-ups reach 5 million*
ObamaCare call centers are at their busiest since December as Americans
hurry to sign up for health insurance before 2014 open enrollment ends on
March 31, the Department of Health and Human Services reported Monday. The
rush has pushed the number who have signed up for coverage on the ObamaCare
exchanges to more than 5 million people. That gives the Obama
administration two weeks to reach its
goal<http://www.theweek.com/article/index/258151/speedreads-republicans-know-they-cant-just-get-rid-of-obamacare-anymore>
of
6 million. [*The Huffington
Post*<http://www.huffingtonpost.com/2014/03/17/obamacare-enrollment_n_4981243.html>
]
..........................................................................................

*New data strengthens Malaysia Airlines hijacking theory*
U.S. officials said late Monday that Malaysia Airlines Flight 370's initial
turn off its course for Beijing was programmed into the Flight Management
System computer<http://theweek.com/article/index/258207/speedreads-new-flight-computer-data-fuels-the-theory-that-malaysia-flight-370-was-hijacked>,
not performed manually. That suggests that someone in the cockpit with
aviation training made the turn, bolstering Malaysian authorities'
suspicion that the plane vanished with 239 passengers on board as the
result of a criminal hijacking, not an accident. [NBC
News<http://www.nbcnews.com/storyline/missing-jet/missing-jets-initial-turn-was-entered-using-computer-n55306>
]

..........................................................................................

*Scientists spot evidence of the Big Bang*
A group of scientists announced Monday that they had found the first direct
evidence of the Big Bang, the abrupt start of the expansion of the universe
from a small, super-condensed spot. The team, which included researchers
from Harvard, Stanford, and Caltech, detected ripples in cosmic background
microwaves, a form of light remaining from the universe's youth billions of
years ago. [*Bloomberg
News*<http://www.sfgate.com/business/bloomberg/article/Harvard-Scientists-Find-Ripples-of-Big-Bang-in-5324237.php>
]

..........................................................................................
McAuliffe Starts a
PAC<http://politicalwire.com/archives/2014/03/18/mcauliffe_starts_a_pac.html>
Virginia
Gov. Terry McAuliffe (D), "the master Democratic fundraiser," has launched
a leadership PAC to support "like-minded" candidates and issues important
to him, theRichmond Times Dispatch reports.

..........................................................................................
Scientists Sound Alarm on
Climate<http://www.nytimes.com/2014/03/18/science/scientists-sound-alarm-on-climate.html?ref=science>
Early in his career, a scientist named Mario J. Molina was pulled into
seemingly obscure research about strange chemicals being spewed into the
atmosphere. Within a year, he had helped discover a global environmental
emergency, work that would ultimately win aNobel Prize.

Now, at 70, Dr. Molina is trying to awaken the public to an even bigger
risk. He is spearheading a committee of the American Association for the
Advancement of Science, the world's largest general scientific society,
which will release a stark report Tuesday on global warming.

The report will warn that the effects of human emissions of heat-trapping
gases are already being felt, that the ultimate consequences could be dire,
and that the window to do something about it is closing.

"The evidence is overwhelming: Levels of greenhouse gases in the atmosphere
are rising," says the report, which was made available early to The New
York Times. "Temperatures are going up. Springs are arriving earlier. Ice
sheets are melting. Sea level is rising. The patterns of rainfall and
drought are changing. Heat waves are getting worse, as is extreme
precipitation. The oceans are acidifying."

*Biden News:*

Biden in Europe to 'reassure our
allies'<http://www.washingtonpost.com/politics/biden-in-europe-to-reassure-our-allies-over-russias-moves-in-ukraine/2014/03/18/ff05b5be-ae84-11e3-9627-c65021d6d572_story.html>WARSAW--Vice
President Biden arrived here Tuesday to reassure a set of allies anxious
over Russia's move into Crimea, denouncing the impending Russian annexation
of the region as a "blatant, blatant disregard of international law."

Appearing with Polish Prime Minister Donald Tusk, Biden offered the moral
support of a "steadfast ally," but promised only modest assistance to help
Poland modernize its army and explore how to lessen its dependence on
Russian natural gas.

Tusk, however, expressed the more intimate concern of a leader with a new,
unpredictable conflict suddenly on his doorstep, saying Russian President
Vlaimir Putin's intervention in Ukraine "increases the risk in Eastern
Europe but it also has global implications."

"It is a challenge for the whole world," Tusk said. "It is not just Poland,
but all of Europe must speak in a strong voice."

*Opinion:*

A Broken Military Justice
System<http://www.nytimes.com/2014/03/18/opinion/a-broken-military-justice-system.html?partner=rssnyt&emc=rss>

A high-profile sexual assault case shows, once again, the urgent need for
reform.

..........................................................................................
A Rare Opportunity on Criminal
Justice<http://www.nytimes.com/2014/03/16/opinion/sunday/a-rare-opportunity-on-criminal-justice.html?partner=rssnyt&emc=rss>

In the current Congress, where almost all legislation goes to die, there is
a surprising movement toward sentencing reform.

*DE News:*

*Biden, lawmakers unveil witness intimidation bill*
A bill that would increase penalties for criminals who attempt to
intimidate witnesses was unveiled by Delaware Attorney General Beau Biden
and a group of bipartisan legislators Monday.

The bill, expected to be filed Tuesday in the Senate, would strengthen
Delaware's laws against witness intimidation by elevating witness
intimidation crimes to higher felony levels. Criminals who attempt to scare
witnesses out of testifying could potentially face sentences that include
time in prison.

The legislation would strengthen witness protection and encourage more to
cooperate, Biden said in a release.

"Witnesses need to come forward to testify when they see a crime taking
place in their neighborhood," Biden said in the release. "We need witnesses
to come forward in order for our prosecutors to convict criminals and take
them off the streets. Witnesses also need to feel the criminal justice
system will protect them."

Witness intimidation is a major hurdle for authorities when trying to
prosecute and convict criminals in Wilmington and across Delaware, the
release said.

In mid-January a posting on the Instagram website that listed names of
people purportedly cooperating with law enforcement was removed. The
account, "wilmington_snitches", was first posted to last December and
claimed it had names of people cooperating with law enforcement. There were
three posts to the account.

Biden's office contacted Instagram about the account, but would not talk
about it with the News Journal in January.

Senate Majority Whip Margaret Rose Henry, D-Wilmington East, one of the
bill's co-prime sponsors, said witness intimidation is a serious problem.

"I think most of us have heard that witnesses who have key testimony have
been scared out of stepping up because of threats to them or their
families," she said in a release. "We need to make sure people feel they'll
be protected, if they do the right thing and I hope that, as word of these
penalties, gets around it will make potential witnesses feel safer and make
criminals reconsider trying intimidating witnesses."

The legislation would reclassify the crime of "Act of Intimidation" as a
Class D felony, with a penalty of up to eight years in prison, and
"Aggravated Act of Intimidation" as a Class B felony, which carries a
penalty of a minimum of two years and up to 25 years in prison.

Rep. Helene Keeley, D-Wilmington South, said in the release that it is
stressful enough for witnesses to come forward and testify about a crime.

"Throw in intimidation and threats and it becomes a terrifying experience.
We can't begin to clean up our streets until we put these criminals behind
bars, and we can't put them behind bars if we don't have witnesses
testifying," Keeley, also a co-prime sponsor, said in the release. "We need
to treat witness intimidation as the serious offense it is so we can get
our judicial system working the way it's intended."

The bill is sponsored by a bipartisan group of lawmakers from both the
House and Senate, including Sen. Bryan Townsend, D-Newark, another of the
bill's co-prime sponsors.

..........................................................................................

*Bill to strengthen state's child predator laws introduced*
A bill introduced in the General Assembly is set to strengthen the state's
child sexual predator laws to make it easier to convict offenders and keep
them in prison longer.

The measure, introduced last week by Kids Caucus co-chairs Rep. Debra
Heffernan, D-Brandywine Hundred South, and Sen. Harris McDowell,
D-Wilmington, would also fund a new investigator and a prosecutor in the
attorney general's Child Predator Unit.

Heffernan said the proposals came from an October retreat with Delaware
prosecutors about how to better protect kids online. "It used to be you
only had to worry about them walking through the park alone, now they are
online and they can be solicited when they are sitting in their room at
home," she said.

The measure, HB-256, both updates the existing statute to include new forms
of online communication and increases penalties for predators who attempt
to meet with children after soliciting them online.

A key feature of the legislation, according to Deputy Attorney General
Abigail Layton, is to take away the defense of "fantasy," where an alleged
predator claims that their online solicitation was role-playing and that
they never had any intention of following through on improper acts.

Layton said the state recently lost a child solicitation case in Kent
County because the defendant made that very argument at trial and a jury
acquitted him.

She said the proposed law makes clear that the act of sexually soliciting a
child - whether or not the recipient is an actual child or an undercover
officer - is a crime and no further overt action is required for a
conviction.

Layton said the proposal seeks to raise the penalties if an alleged
predator meets a child, they would face a mandatory two-year sentenceand up
to 25 years in prison.

Under the current law, Layton said "travelers" face no additional
punishment and some convicted "travelers" have been sentenced of probation.

Defense attorney Joe Hurley, who won the acquittal in the Kent County case,
said if the state and prosecutors trust Delaware judges, then there is no
need to increase the penalties and set a minimum mandatory sentence.

"No judge on the bench in Delaware would fail to recognize when someone
ought to go to prison for two years for trying to mess with kids," he said,
adding the proposed changes take discretion away from judges and further
crowd state prisons.

Hurley said in the case where a man he represented was acquitted, the jury
recognized from the evidence and testimony that the man had no intention of
ever touching a child and was engaging in fantasy. Hurley said the
undercover officer in the case, posing as an underage child, tried again
and again to arrange a meeting with the man but the man repeatedly made
excuses to call them off.

"Actions speak louder than words," Hurley said, adding the appropriate
decision was reached by the jury.

"The whole thing is baloney," said Hurley, adding the changes smell of
politics.

The other change seeks to clarify that online solicitation can involve any
electronic communication through a number of devices, including phones, and
is not limited to computers and email.

Heffernan said the bill has a good chance of passing. "I think that we will
do whatever we can to make sure we can protect Delaware children," she said.

Sen. Greg Lavelle, R-Sharpley, said it is a difficult issue to be against
"because to oppose it implies you are somehow for this activity."

Lavelle also said he was concerned about the $172,400 needed to fund the
two new positions for the Child Predator Unit, which he said may put an
additional burden on taxpayers. "I look forward to hearing the need behind
the bill. No one supports child predators," he said.

..........................................................................................

*Lower revenue threatens Markell budget plan*
State tax collections dropped $40 million below expectations, according to
an advisory panel that delivered the latest projections Monday that could
cause more trouble for Gov. Jack Markell as he seeks support for multiple
tax increases and his broader $3.8 billion budget plan.

The Delaware Economic and Financial Advisory Council projected Monday that
current-year revenues will fall $107 million from a previous projection in
December, mainly on less corporate income tax collections. Tax receipts are
expected to rise $67 million next year, but it won't be enough to overcome
two-year decreases in abandoned property collections, gross receipts taxes
and the state's share of sagging casino revenue.

That leaves little cash for lawmakers to use as they attempt to balance the
budget for the fiscal year that begins July 1.

Markell's budget also relies on higher taxes paid to form a corporation in
Delaware, and on using $40 million that would normally fund transportation
projects to cover health care and public education.

The governor wants to replace the roadway money with a 10-cent increase in
Delaware's gas tax and he's proposing a separate new tax on property
owners' annual bills to pay for waterway cleanup. But even Democratic
leaders in the General Assembly are opposing the plans. House Majority
Leader Valerie Longhurst, D-Bear, said lawmakers need a Plan B, predicting
the Democratic-controlled General Assembly will not sign off on Markell's
new taxes.

"We can't keep wasting our time trying to sell the gas tax and the water
tax when it's not going to happen," Longhurst said. "We need an alternative
and we need it sooner rather than later."

Ann Visalli, director of Markell's Office of Management and Budget, said
the administration "will work with the Joint Finance Committee over the
next couple months" as the budget-writing committee attempts to balance the
state's next budget. Visalli said she will also talk to state agency heads
about finding savings in the current budget year.

"It presents a challenge, but I'm sure we'll be able to come up with some
options," Visalli said.

Transportation Secretary Shailen Bhatt could not predict Monday whether the
lower revenue projections would alter lawmakers' views on the proposed gas
tax hike. "It wasn't an easy sell before," Bhatt said. "This is just
something else to keep in perspective."

Markell has warned lawmakers that opposing the gas tax would translate into
delays to critical transportation projects, including road and bridge
improvements, and the jobs that would come with that spending. And Bhatt
said that delaying maintenance projects could come with an even greater
cost in the future.

Senate Minority Leader Gary Simpson said Republicans remain opposed to
Markell's proposed tax increases, including higher corporate formation
taxes that won't have a great impact on Delawareans and have broader
support in the General Assembly.

Simpson, who says lawmakers should look for budget cuts, predicted that the
lower revenue forecast might pressure some on-the-fence Democrats to
support the tax hikes to prevent the budget problems from growing.

"They may feel like now that they're forced into it," Simpson said. "If the
governor can't balance the budget without the tax increases, they may feel
an allegiance to the governor to bail him out."

Lawmakers will receive updated revenue projections in April, May and June
before they must vote on next year's budget.

..........................................................................................
*EPA says it didn't endorse data center*

The head of the U.S. Environmental Protection Agency in the Mid-Atlantic
says his agency has not endorsed a gas-fired power plant for the data
center planned at the former Chrysler site in Newark.

Rather, a Feb. 7 letter from an EPA energy-efficiency unit was issued at
the request of The Data Centers LLC and merely signaled support for the
type of cogeneration technology proposed by the company, said Region III
EPA Administrator Shawn M. Garvin.

"The letter was not an endorsement of the project, and should not be used
that way," Garvin wrote in a March 12 letter to state Rep. John Kowalko,
D-Newark.

"Its focus is on the method by which the power would be produced, without
reaching any conclusions on the size and output of the power generation
from the proposed facility."

The Combined Heat and Power Partnership, which issued the Feb. 7 letter,
will undergo an internal review of how it evaluates and provides similar
letters of support for energy producers and other partners to ensure those
letters focus only on the emissions benefits of combined heat and power, or
"cogeneration," Garvin said.

TDC executives say they applied to join the CHP Partnership last year. More
recently, an EPA representative followed up for more project details, said
Brian Honish, vice president for business development and sales at TDC.

"As a part of that process, they put out the letter, which says we're using
the best, most efficient technology currently available," Honish said. "We
did not contact them to write a letter of endorsement."

Garvin's letter was included in a filing Friday with the Newark Board of
Adjustment by those appealing Newark's zoning decision to permit a power
plant as an "accessory use" at the Chrysler site, now known as the
University of Delaware's Science Technology & Advanced Research Campus. A
hearing on the BOA appeal is set for 6 p.m. Wednesday at Newark High School.

Cogeneration systems do emit relatively fewer greenhouse gases and
pollutants than traditional power plants by repurposing waste heat to drive
cooling systems and other uses. TDC's facility would still produce 950,000
tons of carbon a year, with a capacity of 279 megawatts, according to the
company.

The CHP Partnership estimated the waste-heat recovery features could help
the TDC plant curtail carbon emissions equivalent to the amount released
when powering 128,000 homes with conventional systems.

Garvin noted the CHP Partnership's limited analysis doesn't address local
factors such as air-quality attainment, proximity to schools or homes, or
other factors that would be considered during the state and federal
permitting process.

Garvin was responding to concerns raised by Kowalko, who last month asked
the EPA to withdraw the Feb. 7 letter because the comments lacked
documentation and context, and would be used by TDC to claim it's "engaged
in an environmentally friendly project."

"It also fails miserably to adequately define that allowing no additional
fossil-fuel generation is infinitely cleaner than any new fossil-fuel
generation," Kowalko said.

Separately, 100 Newark residents signed onto a formal complaint to the
EPA's Environmental Justice Program, also asking the partnership to rescind
its comments.

Project critics argue TDC could reduce the plant's size and impact on the
community by incorporating renewable sources of energy and by hooking up to
the regional electric grid.

TDC says that generating all of its own power on site is cleaner and more
reliable than buying from the grid, which includes power from dirtier
fossil-fuel sources. Local generation also avoids electricity losses during
transmission.

TDC submitted the Feb. 7 letter as supporting evidence in the zoning appeal
before the BOA, as well as a 2,300-signature petition supporting the
project.

Company attorney Richard Forsten said opponents are ignoring efforts to
minimize the impact on neighboring properties. For instance, turbines would
be housed in buildings surrounded by a 24-foot-high wall.

"It is difficult to believe that houses which back up to rail lines and a
railroad switching yard can claim their property values will be reduced by
a cogeneration facility that almost no one will be able to see, and which
will be better for air quality than if the data center were powered by the
grid," Forsten wrote.

Representing the nonprofit Newark Residents Against the Power Plant and
others, attorney Kenneth Kristl called the CHP Partnership's analysis
"meaningless," and its methodology and conclusions "suspect." To refute the
cleaner-than-the-grid claim, he notes that TDC relies upon fuel-mix data
for the District of Columbia.

"The fuel mix for Newark is quite different ... it has 2/3 less coal, three
times more natural gas, and 16 times more nonpolluting renewable
resources," Kristl wrote in his answering brief. Further, Delaware's
renewable-source standards, and local and state efforts "mean future
emissions around Newark will be even cleaner and lower. TDC's numbers don't
apply."

-- 
Sam Losow
*Finance Assistant*
Beau Biden, DE Attorney General
Office: (302) 295-8340
Cell: (202) 821-3399
[email-masked]