Obama can't kick his legacy down road

By Gloria Borger, CNN Chief Political Analyst

February 20, 2013 -- Updated 1530 GMT (2330 HKT)

President Obama has a small window of opportunity to get Congress to act on his priorities, Gloria Borger says.

STORY HIGHLIGHTS

• Gloria Borger: Prospect of deep budget cuts was designed to compel compromise


• She says the "unthinkable" cuts now have many supporters


• The likelihood that cuts may happen shows new level of D.C. dysfunction, she says


• Borger: President may want a 2014 House victory, but action needed now

(CNN) -- So let's try to recount why we are where we are. In August 2011, Washington was trying to figure out how to raise the debt ceiling -- so the US might continue to pay its bills -- when a stunt was hatched: Kick the can down the road.

And not only kick it down the road, but do it in a way that would eventually force Washington to do its job: Invent a punishment.

Gloria Borger

If the politicians failed to come up with some kind of budget deal, the blunt instrument of across-the-board cuts in every area would await.

Unthinkable! Untenable!

Until now.

In fact, something designed to be worse than any conceivable agreement is now completely acceptable to many.

And not only are these forced budget cuts considered acceptable, they're even applauded. Some Republicans figure they'll never find a way to get 5% across-the-board domestic spending cuts like this again, so go for it. And some liberal Democrats likewise say 8% cuts in military spending are better than anything we might get on our own, so go for it.

Opinion: Forced budget cuts a disaster for military

The result: A draconian plan designed to force the two sides to get together has now turned out to be too weak to do that.

And what does that tell us? More about the collapse of the political process than it does about the merits of any budget cuts. Official Washington has completely abdicated responsibility, taking its dysfunction to a new level -- which is really saying something.

We've learned since the election that the second-term president is feeling chipper. With re-election came the power to force Republicans to raise taxes on the wealthy in the fiscal cliff negotiations, and good for him. Americans voted, and said that's what they wanted, and so it happened. Even the most sullen Republicans knew that tax fight had been lost.

Points on the board for the White House.

Now the evil "sequester" -- the forced budget cuts -- looms. And the president proposes what he calls a "balanced" approach: closing tax loopholes on the rich and budget cuts. It's something he knows Republicans will never go for. They raised taxes six weeks ago, and they're not going to do it again now. They already gave at the office. And Republicans also say, with some merit, that taxes were never meant to be a part of the discussion of across-the-board cuts. It's about spending.

Politics: Obama more emotional on spending cuts

Here's the problem: The election is over. Obama won, and he doesn't really have to keep telling us -- or showing us, via staged campaign-style events like the one Tuesday in which he used police officers as props while he opposed the forced spending cuts.

What we're waiting for is the plan to translate victory into effective governance.

Sure, there's no doubt the president has the upper hand. He's right to believe that GOP calls for austerity do not constitute a cohesive party platform. He knows that the GOP has no singular, effective leader, and that its message is unformed. And he's probably hoping that the next two years can be used effectively to further undermine the GOP and win back a Democratic majority in the House.

Slight problem: There's plenty of real work to be done, on the budget, on tax reform, on immigration, climate change and guns. A second-term president has a small window of opportunity. And a presidential legacy is not something that can be kicked down the road.

Follow @CNNOpinion on Twitter.

Join us at Facebook/CNNOpinion.

The opinions expressed in this commentary are solely those of Gloria Borger.

Part of complete coverage on

February 19, 2013 -- Updated 1419 GMT (2219 HKT)

Michael Hayden says the U.S. shouldn't let a lack of consensus at home drive policies on drones, cyber attacks.

February 19, 2013 -- Updated 1719 GMT (0119 HKT)

Apple is getting pushed around these days and its coolness factor seems to be fading. But John Abell says don't be too quick to count Apple out.

February 20, 2013 -- Updated 0100 GMT (0900 HKT)

Actor/producer Jesse Williams says Quentin Tarantino's film "Django Unchained" subordinates black characters and fails to illuminate the history of slavery.

February 19, 2013 -- Updated 1933 GMT (0333 HKT)

Ruben Navarrette believes that it's the guest workers program that will make or break the prospects for immigration reform.

February 19, 2013 -- Updated 1219 GMT (2019 HKT)

Howard Kurtz says lesser news stories eclipsed the follow up coverage that Obama's State of the Union deserved.

February 19, 2013 -- Updated 0024 GMT (0824 HKT)

President Obama may not have the votes to pass gun legislation, but David Frum says the government could do a lot to increase gun safety anyway.

February 19, 2013 -- Updated 0047 GMT (0847 HKT)

Since Canada will not tolerate an influx of zombies, we have to get ready and secure our borders, says Dean Obeidallah.

February 18, 2013 -- Updated 2259 GMT (0659 HKT)

Pablo Spiller says consumers will likely get more choices and improved quality of service.

February 18, 2013 -- Updated 1629 GMT (0029 HKT)

Convincing Congress to take on climate change will be an uphill battle, unless there's strong grass roots support, says Julian Zelizer.

February 17, 2013 -- Updated 1337 GMT (2137 HKT)

Bob Greene says the stories of former slaves, compiled in 1930s, tell of families torn apart, people deprived of basic freedoms

February 18, 2013 -- Updated 0028 GMT (0828 HKT)

Cameron Russell says her looks fit a narrow definition of beauty and her career as a model gives her views undeserved attention

February 19, 2013 -- Updated 0116 GMT (0916 HKT)

Meg Urry says the likelihood that a meteor hits and an asteroid passes close by Earth on the same day is quite improbable, yet the two events happened on Friday

February 19, 2013 -- Updated 1728 GMT (0128 HKT)

Frida Ghitis says the murder of Reeva Steenkamp allegedly by Oscar Pistorius is a reminder that we have to do more to protect women.

Read More..

Gbagbo lawyer slams "political trial" at ICC

THE HAGUE: Laurent Gbagbo's lawyer hit out at a "political trial" at the International Criminal Court on Wednesday, where judges are to decide if the Ivorian ex-president should face charges of crimes against humanity.

Gbagbo, 67, is the first former head of state brought before the ICC, where he is accused of masterminding a campaign of violence during a bloody 2010-2011 presidential election standoff in the West African nation in which over 3,000 people died.

"The Ivorian people deserve better than a political trial, they deserve a trial of those who are really responsible for the country's decade-long destruction and the court deserves to have been able to look at what really happened in Ivory Coast," lawyer Emmanuel Altit told the court on the second day of the confirmation of charges hearing.

Gbagbo maintains that he is the rightful president of Ivory Coast and that he was evicted in favour of his rival, current President Alassane Ouattara, thanks to a plot led by former colonial ruler France.

Gbagbo faces four counts of crimes against humanity for allegedly fomenting the wave of violence. He has denied the charges against him.

Altit said the evidence against Gbagbo had holes in it and did not represent reality.

"Why aren't they here, why aren't they being prosecuted?" said Altit, listing officials in Ouattara's government.

While thousands died during the five-month standoff, forces loyal to Gbagbo as well as those loyal to Ouattara have been accused of massive human rights abuses.

Prosecutors and the defence are to spend just over a week arguing their cases before a three-judge bench, who will then decide if there are "substantial grounds to believe that Gbagbo committed the crimes" and should be charged.

The prosecution says Gbagbo masterminded a plan to "stay in power by all means... through carefully planned, sustained and deadly attacks" against Ouattara supporters.

Between November 28, 2010 and May 8, 2011 Gbagbo's forces killed between 706 and 1,059 people and raped more than 35 women, prosecutors say.

His supporters have accused Ouattara's camp of practising "victor's justice" as many of the former president's backers are now behind bars -- including Gbagbo's wife Simone, who is also wanted by the ICC -- while none of those close to the Ouattara regime have been arrested.

The hearings started on Tuesday and are to last over a week, with Gbagbo expected to speak on the final day, February 28.

-AFP/ac

Read More..

Pistorius case: What happened in that bathroom

STORY HIGHLIGHTS

• NEW: Hearing ends with no decision on bail for Oscar Pistorius, final arguments Thursday


• Police said Pistorius had testosterone in his home, but defense says it's a legal herbal medicine


• Investigators say they believe the track star is violent


• Prosecutors call Pistorius a flight risk

Pretoria, South Africa (CNN) -- Sounds of arguing for an hour before the shooting. Blood stains on a cell phone and cricket bat. Boxes of testosterone and needles.

The shape of prosecutors' case against Oscar Pistorius began to come into focus Wednesday as they argued the Olympian charged with killing his girlfriend, model Reeva Steenkamp, should be denied bail because he might disappear if released from jail.

But the Olympic sprinter's defense team battled back, questioning the quality of the police investigation.

The bail hearing ended Wednesday with no decision. Final arguments are scheduled for Thursday morning.

Photos: 'Blade Runner' Oscar Pistorius

HIDE CAPTION

<<

<

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

>

>>

Pistorius is charged with premeditated murder in the death of Steenkamp in the early hours of Valentine's Day. He has said he thought he was shooting at an intruder.

But police investigator Hilton Botha told the court Wednesday that Pistorius, 26, wasn't acting in self-defense when he shot through the door of a toilet room in the bathroom of his home and killed Steenkamp.

Botha said he believes Pistorius knew Steenkamp was on the other side of the door. He didn't explain why investigators think that, but suggested Pistorius was specifically aiming to hit the toilet where Steenkamp had gone.

But he also said investigators have found no evidence that is inconsistent with Pistorius' story.

Pistorius' affidavit in alleged murder of girlfriend

Bail hearing

Prosecutors spent much of the hearing Wednesday focused on the bathroom of Pistorius' Pretoria home, where authorities say the track star shot Steenkamp three times, in the hip, elbow and ear.

Bullet trajectories show that Pistorius had to turn left and fire at an angle to aim at the toilet, Botha testified. Had he fired head-on into the door, he would have missed her, Botha said.

Defense attorney Barry Roux disputed that, saying the evidence does not show there was an effort to aim at the toilet.

Prosecutors are trying to prove Pistorius intentionally fired on Steenkamp, 29, in a premeditated attempt to kill her. Pistorius and his lawyers argue he mistook her for an intruder and killed her accidentally.

Pistorius said in a statement read Tuesday by his lawyer that he believes Steenkamp slipped into the bathroom when he got up to close the balcony door in his bedroom in the early hours of February 14.

Hearing noises and gripped with fear that someone had broken into his home, Pistorius said he grabbed his gun, yelled for the intruder to leave and shot through the toilet-room door before realizing the person inside might have been Steenkamp.

Roux said Wednesday that the defense team believes Steenkamp locked the door when she heard Pistorius yelling for the intruder to leave. He also said Steenkamp's bladder was empty, suggesting she had gone to the bathroom as Pistorius claimed.

Botha also said police believe a blood-stained cricket bat found in the bathroom was used to break down the locked door to the toilet.

Pistorius said in his statement that he used the bat to break down the door in an effort to get to Steenkamp to help her.

Pistorius' girlfriend dies on Valentine's Day

HIDE CAPTION

Botha agreed with the defense contention that, other than the bullet wounds, her body showed no sign of an assault or efforts to defend herself.

But prosecutors and Pistorius' defense battled over allegations that testosterone and needles were found at the home, as well as the quality of the police investigation.

Opinion: What my son taught me about Oscar Pistorius

Investigative errors?

Amid speculation by outsiders to the case that steroids or other drugs could have somehow played a role in the shooting, Botha testified that investigators found two boxes of testosterone and needles at Pistorius' home.

Under questioning by Roux, however, Botha said he hadn't read the full name of the substance -- which Roux said was an herbal remedy called testoconpasupium coenzyme -- when investigators took the materials into evidence. A quick Internet search on the name of the substance yielded no results.

He also said the defense forensics team found a bullet in the toilet that police had missed and noted police had failed to find out who owned ammunition found at the home or photograph it.

Investigators also went into Pistorius' home without wearing protective foot covers to prevent contaminating the crime scene, Roux said. Botha conceded that was true and said it was because police didn't have any more of the covers left.

Roux questioned police arguments that a witness heard sounds of an argument before the shooting. The witness, Roux said, lives 600 meters (more than a third of a mile) from Pistorius' home. Prosecutor Gerrie Nel countered that the witness lives 300 meters away.

Would he run?

Botha told Magistrate Desmond Nair that investigators believe Pistorius is violent and might flee if released from jail.

He described two encounters with Pistorius, one in which Botha said the track star asked someone else to take the blame when a gun went off at a Johannesburg restaurant.

Police said the second incident took place at a racetrack, where Pistorius allegedly threatened to assault someone.

Authorities have also said they have responded to previous domestic incidents at Pistorius' home, but have not elaborated.

In his statement Tuesday, Pistorius said he and Steenkamp were deeply in love and said he was "mortified" over her death.

High hurdle

Defense attorneys are trying to overcome South African law, which makes it difficult for defendants accused of premeditated murder to get out on bail. The law requires evidence of "exceptional circumstances" to justify release.

Nair upgraded the charge against Pistorius to premeditated murder Tuesday, saying he could not rule out the possibility that the track star planned Steenkamp's death. But Nair said he would consider downgrading the charge later.

In a statement read by his lawyer Tuesday, Pistorius said he would not try to flee or influence any witnesses if he is allowed out on bail, and he said his release wouldn't be a danger to public order.

Case rivets fans and friends alike

The case of the global sports hero known as the "Blade Runner" has riveted stunned fans around the world.

Social media reaction to the case appeared to come down against the sports star, but was still noticeably mixed on CNN's Facebook page.

"There's no amount of tears that will save you," said Anthonia Nneka Nwabueze. "Pistorius must face the law for brutally killing an innocent girl -- Reeva."

"My favorite athlete but what he did is grave and must be punished," Carlos Alvarez Ochoa said.

But another person who posted called for patience.

"(N)one of us were in the house when his girlfriend was murdered, let's hold off on casting stones at Oscar Pistorius," said Adrian van Liere Since. "Just like anyone else, he deserves a just trial, and in my eyes remains innocent until proven guilty."

Coming to his defense were two acquaintances.

"I've never seen him show an angry side. I've never seen him lose his temper," Vanessa Haywood, a model and longtime friend, told CNN. "He's an incredibly kind and gentle human being."

Another endorsement came from a former girlfriend.

"I would just like to say, I have dated Oscar on off for 5 YEARS," Jenna Edkins said on Twitter. "NOT ONCE has he EVER lifted a finger to me, made me fear for my life."

CNN's Robyn Curnow and Kim Norgaard reported from South Africa, and Mike Pearson and Ed Payne reported and wrote from Atlanta. CNN's Nkepile Mabuse also contributed to this report.

Read More..

Pistorius prosecution: Error in "testosterone" testimony

PRETORIA, South AfricaThe investigating officer in the Oscar Pistorius murder case made an error in his court testimony Wednesday when he identified a substance found in the athlete's bedroom as testosterone, the national prosecutor said.

Medupe Simasiku, the spokesman for South Africa's National Prosecution Agency, told The Associated Press that it was too early to identify the substance as it was still undergoing laboratory tests.

"It is not certain (what it is) until the forensics." Simasiku said, adding that it wasn't certain if it was "a legal or an illegal medication for now."

Play Video

Pistorius case: Police say they found testosterone, needles in bathroom

19 Photos

Olympic athlete charged with murder

Detective Warrant Officer Hilton Botha, the investigating officer, said earlier in court during Pistorius' bail hearing that police found two boxes of testosterone and needles in the bedroom of the Olympic athlete, who is charged with premediated murder in the Feb. 14 shooting death of his girlfriend Reeva Steenkamp.

It was a mistake to identify the substance now, Simasiku said, as it was still unknown. He said the discovery of needles was in Botha's statement, however.

Pistorius denies murder, saying in an affidavit Tuesday that the Valentine's Day shooting was accidental because he thought there was an intruder in his house.

In response to Botha's claim, the defense said Wednesday, the second day of Pistorius' bail hearing at Pretoria Magistrate's Court, that the substance found was not a steroid or a banned substance but an herbal remedy.

Pistorius' lawyer Barry Roux had slammed Botha's testimony earlier, saying police "take every piece of evidence and try to extract the most possibly negative connotation and present it to the court."

International Paralympic Committee spokesman Craig Spence told the AP soon after the substance claims that Pistorius — the world's most famous disabled athlete — was drug tested twice in London last year by the IPC, on Aug. 25 and Sept. 8. Both test results were negative, Spence said.

The Aug. 25 test was an out-of-competition test, and the Sept. 8 one in-competition, a day before the end of the London Paralympics.

The International Olympic Committee said it didn't test Pistorius at the Olympics, but referred the AP to the IPC's negative tests. International athletics body the IAAF and the World Anti-Doping Agency would not comment because it was an ongoing legal case.

"Bearing in mind the ongoing police investigation, WADA must refrain from making any statement at present," WADA said.

Giving testimony, Botha said police made the discovery of testosterone in bedroom of the double-amputee runner and multiple Paralympic champion's upscale Pretoria house after the shooting of Steenkamp but offered no further details or explanation. State prosecutor Gerrie Nel also had to correct Botha when he initially called it "steroids."

Simasiku later told the AP that the detective, Botha, thought it was testosterone by reading the first few letters of the label.

Pistorius' lawyer Roux, said on questioning the detective — who has 16 years' experience as a detective and 24 years with the police — that it was not a banned substance and that police were trying to give the discovery a "negative connotation."

"It is an herbal remedy," Roux said. "It is not a steroid and it is not a banned substance."

The debate over the substance added another dramatic twist to a case that has already gripped the world's attention since Steenkamp's killing at Pistorius' home last Thursday.

Prosecutor Nel also had to clarify that police were not saying that Pistorius was using the substance, only that it was discovered along with the needles in his bedroom.

Pistorius said Tuesday in a written affidavit and read in court by Roux that he mistakenly killed model Steenkamp in the early hours of Valentine's Day when he fired four shots into a locked toilet door, hitting his girlfriend three times after thinking she was a dangerous intruder.

The prosecution claims Pistorius intended to kill the 29-year-old Steenkamp after they had a fight.

Read More..

Fiery Debate Over Pistorius' Story at Bail Hearing

As prosecutors today outlined their case against South African Olympian Oscar Pistorius, providing details that they say indicates a premeditated act of murder against his girlfriend, his lawyers swatted at each bit of evidence on the dramatic second day of a bail hearing that will likely foreshadow the upcoming trial.

The Johannesburg courtroom sat riveted as police investigators said that Pistorius, a double-amputee who gained global acclaim for racing at the 2012 London Olympics, shot his girlfriend through a closed bathroom door at a high angle from which he had to be wearing his prosthetic legs.

Prosecutors insisted that Pistorius took a moment to put the legs on, indicating that he thought out and planned to kill Reeva Steenkamp, his model girlfriend, when he shot her three times through a closed bathroom door early on the morning of Valentine's Day.

There was a "deliberate aiming of shots at the toilet from about 1.5 meters [about 5 feet]," prosecutor Gerrie Nel said.

Read Oscar Pistorius' Full Statement to the Court

Nel said Pistorius fired four shots into the bathroom, hitting Steenkamp three times in the head, elbow, and hip.

Nel also said a witness would testify to hearing "non-stop talking, like shouting" in the early hours before the dawn shooting.

Oscar Pistorius: Defense Presents New Evidence Watch Video

'Blade Runner' Appears in Court to Hear Murder Charges Watch Video

Pistorius' lawyer, who argued Tuesday that the runner accidently fired on Steenkamp believing she was an intruder, assailed each bit of the prosecution's evidence, even getting a lead investigator to concede that police had not found anything to conclusively disprove the Olympian's story.

"[The angle] seems to me down. Fired down," Police officer Hilton Botha told the court, suggesting Pistorius was standing high up on his fake legs.

PHOTOS: Paralympics Champion Charged in Killing

But when pushed by defense lawyer Barry Roux, Botha admitted he did not know whether Pistorius was wearing the prosthetics.

When asked about the witness who allegedly heard yelling between Pistorius and Steenkamp, Botha admitted under cross-examination that the woman was about 600 yards -- six football fields -- away at the time.

When the prosecutor questioned Botha a second time, he backtracked to say the witness was actually much closer.

The prosecution showed a floor-plan of the couple's apartment and said there was no way for Pistorius to cross from one side of the bedroom toward the bathroom, or retrieve his hidden pistol, without realizing Steenkamp was not in bed.

"There's no other way of getting there," prosecutor Nel said.

The defense further suggested that Steenkamp had gone to the bathroom on her own, and not to flee from Pistorius, because her bladder was empty. Had she simply run there to hide at 3 am, it would have more likely been full, Roux said.

Asked by defense attorney Roux whether Steenkamp's body showed "any pattern of defensive wounds," suggesting she had put up a fight, Botha admitted it did not.

Prosecutors also said that they found two boxes of testosterone and needles in the bedroom, although the defense disputed the finding, calling the substance a "herbal remedy," not banned drugs or steroids.

Botha told the court today that he arrived at Pistorius' home at 4:15 a.m., Feb. 14, to find Steenkamp already dead, dressed in a white shorts and a black vest, and covered in towels. The first thing Pistorius told police was that "he thought it was a burglar," officials said.

Read More..

How can U.S. deal with cyber war?

Michael Hayden says lack of domestic agreement is driving U.S. to take the offense on cyber attacks.

STORY HIGHLIGHTS

• Obama administration beefing up effort to counter cyberattacks


• Michael Hayden says emphasis is on striking first, as the U.S. does with drone attacks


• Ex-CIA director says drone policy reflects lack of consensus on handling prisoners


• Hayden: Is killing terrorists preferred because of division over how to try them?

Editor's note: Gen. Michael V. Hayden, who was appointed by President George W. Bush as CIA director in 2006 and served until February 2009, is a principal with the Chertoff Group, a security consulting firm. He serves on the boards of several defense firms and is a distinguished visiting professor at George Mason University.

(CNN) -- Human decisions have complex roots: history, circumstance, personality, even chance.

So it's a dangerous game to oversimplify reality, isolate causation and attribute any particular course of action to one or another singular motive.

But let me tempt fate, since some recent government decisions suggest important issues for public discussion.

Michael Hayden

Over the past several weeks, press accounts have outlined a series of Obama administration moves dealing with the cyberdefense of the United States.

According to one report, the Department of Defense will add some 4,000 personnel to U.S. Cyber Command, on top of a current base of fewer than a thousand. The command will also pick up a "national defense" mission to protect critical infrastructure by disabling would-be aggressors.

A second report reveals another administration decision, very reminiscent of the Bush Doctrine of preemption, to strike first when there is imminent danger of serious cyberattack against the United States.

Both of these represent dramatic and largely welcome moves.

But they also suggest the failure of a deeper national policy process and, more importantly, the failure to develop national consensus on some very difficult issues.

Chinese military leading cyber attacks

Let me reason by analogy, and in this case the analogy is the program of targeted killings supported and indeed expanded by the Obama administration. Again, I have no legal or moral objections to killing those who threaten us. We are, as the administration rightly holds, in a global state of war with al Qaeda and its affiliates.

But at the level of policy, killing terrorists rather than capturing them seems to be the default option, and part of that dynamic is fairly attributable to our inability to decide where to put a detainee once we have decided to detain him.

Congress won't let him into the United States unless he is going before a criminal court, and the administration will not send him to Guantanamo despite the legitimate claim that a nation at war has the right to detain enemy combatants without trial.

Failing to come to agreement on the implications of the "we are at war" position, we have made it so legally difficult and so politically dangerous to detain anyone that we seem to default to killing those who would do us harm.

Clearly, it's an easier path: no debates over the location or conditions of confinement. Frequently such action can be kept covert. Decision-making is confined to one branch of government. Congress is "notified." Courts are not involved.

Besides, we are powerful. We have technology at our fingertips. We know that we can be precise, and the professionalism of our combatants allows them to easily meet the standards of proportionality and distinction (between combatants and noncombatants) in such strikes, despite claims to the contrary.

And we also believe that we can live with the second and third order effects of targeted killings. We believe that the care we show will set high standards for the use of such weapons by others who will inevitably follow us. We also believe that any long-term blowback (akin to what Gen. Stanley McChrystal calls the image of "arrogance" such strikes create) is more than offset by the immediate effects on America's safety.

I agree with much of the above. But I also fear that the lack of political consensus at home can drive us to routinely exercise an option whose long-term effects are hard to discern. Which brings us back to last week's stories on American cyberdefense.

In the last Congress, there were two prominent bills introduced to strengthen America's cyberdefenses. Neither came close to passing.

In the Senate, the Collins-Lieberman Bill created a near perfect storm with the American Civil Liberties Union and the American Chamber of Commerce weighing in strongly against the legislation. That two such disparate bodies had issues with the legislation should suggest how far we are from a national consensus.

In the House, a modest proposal from the Intelligence Committee to enhance cybersharing between the private sector and the National Security Agency was met with a presidential veto threat over alleged privacy concerns and was never even considered by the Senate.

Indeed, my preferred option -- a more active and well-regulated role for NSA and Cyber Command on and for American networks -- is almost a third rail in the debate over U.S. cybersecurity. The cybertalent and firepower at Fort Meade, where both are headquartered, are on a short leash because few dare to even address what we would ask them to do or what we would permit them to do on domestic networks.

And hence, last week's "decisions." Rather than settle the roles of these institutions by dealing with the tough issues of security and privacy domestically, we have opted for a policy not unlike targeted killing. Rather than opt for the painful process of building consensus at home, we are opting for "killing" threats abroad in their "safe haven."

We appear more willing to preempt perceived threats "over there" than spill the domestic political blood that would be needed to settle questions about standards for the defense of critical infrastructure, the role of government surveillance or even questions of information sharing. And we seem willing to live with the consequences, not unlike those of targeted killings, of the precedent we set with a policy to shoot on warning.

I understand the advantage that accrues to the offense in dealing with terrorists or cyberthreats. I also accept the underlying legality and morality of preemptive drone or cyberstrikes.

I just hope that we don't do either merely because we don't have the courage to face ourselves and make some hard decisions at home.

Follow @CNNOpinion on Twitter

Join us at Facebook/CNNOpinion

The opinions expressed in this commentary are solely those of Michael Hayden.

Read More..

Yemen military aircraft crashes in Sanaa, kills 12

SANAA: A Yemeni military aircraft ploughed into a building in a residential neighbourhood of Sanaa on Tuesday, killing the pilot and at least 11 civilians, medics and witnesses said.

Medics said the toll, which included two children and three women and left another 22 injured, was expected to rise

Several hours after the crash rescue teams were still sifting through the rubble in search of any survivors in the Qadissiya area of homes and shops near Change Square, epicentre of the 2011 uprising that ousted president Ali Abdullah Saleh.

A military source identified the plane as a Russian-made Sukhoi SU-22 attack aircraft, but was unable to say what caused the crash that he said killed pilot Mohammed Shaker.

The defence ministry said the pilot was returning to his base after a training mission and had asked authorisation to land when suddenly the aircraft lost altitude and crashed. An investigation is underway.

"I saw the plane drop and we were afraid it would crash on Sanaa University, but the pilot crashed on nearby buildings," said Mohammed al-Sabri.

The aircraft hit one building on Rabat Avenue in eastern Sanaa, then smashed into another before finally crashing on top of a third, witnesses said.

An AFP correspondent said the building was badly damaged and that several ambulances rushed to the scene as helicopters hovered overhead.

A loud explosion shook the area when the crash occurred, witnesses said. Thick black smoke billowed over the district, where several cars were ablaze.

Panicked residents took to the streets, many screaming.

"We heard a loud explosion and we thought it was a mortar shell that landed on the neighbourhood," one of the residents, Taha al-Inad, told AFP.

An air base is located near the Sanaa international airport, just 15 kilometres (nine miles) north of the capital.

Tuesday's crash was the latest in a series of air accidents in the impoverished Arabian Peninsula country.

In November, a Yemeni air force Antonov M26 crashed during a training mission in a northern district of Sanaa, killing all 10 on board.

A fighter jet crashed on takeoff on a routine training mission in the south in October, killing the pilot and injuring another crew member, after what the defence ministry described as a "technical failure."

And in October 2011, four people were killed when an Antonov crashed on landing at Al-Anad air base in southern Yemen.

Sanaa was gripped by violent clashes between rival military groups during the 2011 uprising to oust Saleh, who finally stepped down a year ago under a UN-backed power transition agreement brokered by the Gulf Cooperation Council.

-AFP/ac

Read More..

Oscar Pistorius tells his side

STORY HIGHLIGHTS

• Oscar Pistorius paints a detailed picture of his version of his girlfriend's death


• "I had no intention to kill my girlfriend," he says in the statement


• "We were deeply in love and couldn't be happier," he said


• Prosecutors dispute Pistorius' version, say he meant to kill her

Pretoria, South Africa (CNN) -- It was the middle of the night, Oscar Pistorius says, and he thought an intruder was in the house. Not wearing his prosthetic legs, feeling vulnerable in the pitch dark and too scared to turn on the lights, the track star pulled his 9mm pistol from beneath his bed, moved toward the bathroom and fired into the door.

It was only after he called to girlfriend Reeva Steenkamp -- whom he thought had been in bed beside him after a quiet evening -- that he realized something horrible might have happened, he told Chief Magistrate Desmond Nair in a statement read by his lawyer during his bond hearing Tuesday. Prosecutors dispute the version of events that Pistorius detailed in his statement.

Pistorius says he broke down the locked bathroom door -- at one point in the statement saying he kicked the door in, at another saying he used a cricket bat to break it down -- then scooped up the mortally wounded Steenkamp and carried her downstairs after for help.

"I tried to render the assistance to Reeva that I could, but she died in my arms," he said in the statement. "I am absolutely mortified by the events and the devastating loss of my beloved Reeva."

Pistorius' affidavit in alleged murder of girlfriend

Pistorius' girlfriend dies on Valentine's Day

HIDE CAPTION

'Blade Runner' Oscar Pistorius

HIDE CAPTION

<<

<

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

>

>>

While prosecutors and defense lawyers agree Pistorius shot Steenkamp, the track star denied intentionally killing her, in the statement read Tuesday.

Prosecutors say they believe Pistorius put on his prosthetic legs, picked up his gun and walked to the bathroom where Steenkamp, 29, had locked herself -- apparently after a heated argument -- and shot at her four times.

Three of the bullets struck Steenkamp, who died soon after. Her funeral was Tuesday.

Pistorius spent much of the hearing sobbing and heaving at the mention of his girlfriend's name, at one point forcing Nair to stop the proceedings to ask him to compose himself. His family stood nearby, huddling during breaks and appearing to pray. During parts of the hearing, Pistorius' brother placed his hand on the suspect's back.

During Tuesday's hearing, Nair upgraded the charge against Pistorius to premeditated murder, saying he could not rule out the possibility that the track star planned Steenkamp's death. But Nair said he will consider downgrading the charge later.

The allegation of premeditation makes it more difficult for Pistorius' attorneys to argue he should be released on bail pending trial. To win bail, the defense must argue that "exceptional circumstances" exist that would justify Pistorius' release.

The session ended Tuesday afternoon with no decision on bail for Pistorius, 26. Prosecutors said they needed time to study the affidavits read in court before deciding how to proceed.

In the statement read by his lawyer, Pistorius said he would not try to flee or influence any witnesses if he is allowed out on bail, and argued that his release wouldn't be a danger to public order.

The hearing is scheduled to resume Wednesday morning.

Follow updates on our live blog

A tragic mistake?

In his statement, Pistorius said Steenkamp came over February 13, opting for a quiet dinner in over a night out with friends. They wrapped up the night with a bit of television in bed for him, some yoga for her. She had brought him a Valentine's Day present to open the next day.

After the couple had gone to bed, he said he got up in the early hours of February 14 to close the balcony door in his bedroom when he heard a sound in the bathroom.

Pistorius said he'd been a victim of violence and burglary in the past, and realized with terror that contractors who worked at the house had left ladders outside.

Fearing someone had entered the home through the open bathroom window, moving in the dark on the stumps of his amputated legs, Pistorius grabbed his pistol from under the bed and yelled at the intruder to get out.

"I fired shots at the toilet door and shouted to Reeva to phone the police. She did not respond and I moved backwards out of the bathroom, keeping my eye on the bathroom entrance," Pistorius said in his statement. "Everything was pitch-dark in the bedroom and I was still too scared to switch on a light."

"When I reached the bed, I realized that Reeva was not in bed. That is when it dawned on me that it could have been Reeva who was in the toilet. I returned to the bathroom calling her name," he said.

He said he threw open the balcony door and screamed for help, put on his prosthetic legs and tried to kick in the door to the separate room inside the bathroom containing the toilet. Then, he said, he picked up a cricket bat, smashing panels out of the door before finding a key and unlocking it.

"Reeva was slumped over but alive," he said.

Pistorius said he called for help and was told to take her to the hospital himself.

He carried her downstairs and tried to help but, but she died.

"I cannot bear to think of the suffering I have caused her and her family, knowing how much she was loved," he said.

But he said he did not mean to kill her, and protested the charges against him.

"I fail to understand how I could be charged with murder, let alone premeditated murder because I had no intention to kill my girlfriend," Pistorius said in the statement.

"We were deeply in love and couldn't be happier," he said."I loved her and I know she felt the same way."

A premeditated murder?

Prosecutors, however, painted a different picture.

They rejected Pistorius' claim that he mistook her for a burglar, saying it would make no sense for an intruder to hide behind a locked bathroom door.

Instead, they say Pistorius armed himself, attached his prosthetic legs and walked 7 meters (23 feet) to shoot Steenkamp through a bathroom door after a heated argument.

Defense attorney Barry Roux questioned the state's argument, asking how prosecutors would know Pistorius had put on his prosthetic legs and walked to the bathroom before shooting his girlfriend.

Police were alerted to the shooting by neighbors, and residents had "heard things earlier," police spokeswoman Denise Beukes said.

Authorities said there had been "previous incidents" at the home, including "allegations of a domestic nature," but did not provide details.

Detectives are investigating the blood-stained cricket bat found in the home, Johannesburg's City Press newspaper reported. They are trying to determine whether it was used to attack Steenkamp, if she used the bat in self-defense, or if Pistorius used it to try to break down the bathroom door, the newspaper said.

Final farewells for Steenkamp

As the drama in court unfolded, friends and family mourned Steenkamp at a private funeral in her hometown of Port Elizabeth.

"There's a space missing inside all the people she knew that can't be filled again," her brother Adam Steenkamp told reporters outside.

Steenkamp was a law school graduate whose modeling career was on the rise. She landed the cover of FHM magazine and recently appeared on a reality TV show.

On Sunday, South Africans heard Steenkamp's voice one last time after her death, when the national broadcaster aired a pre-recorded episode of the show. The model talked about her exit from "Tropika Island of Treasure," on which local celebrities compete for prize money.

"I'm going to miss you all so much and I love you very, very much," she said, blowing a kiss to the camera.

Case rivets fans

The case of the global sports hero known as the "Blade Runner" has riveted stunned fans around the world.

As he walked into court in a blue shirt and gray suit, frenzied photographers snapped away, prompting the judge to demand they stop.

The scene was a far cry from the packed stadiums that erupted in applause whenever the double-amputee competed against men with legs.

On social media, sentiment appeared to mixed. "Oscar Pistorius is telling us rubbish," one Twitter user posted.

But others were more supportive after hearing Pistorius' story. "I for some reason believe Pistorius after reading his affidavit!!," another person tweeted.

Robyn Curnow reported from South Africa; Holly Yan reported and wrote from Atlanta. CNN's Nkepile Mabuse also contributed to this report.

Read More..

Pistorius' account of shooting, in his own words

Oscar Pistorius in court following his bail hearing in Pretoria, South Africa, Tuesday, Feb. 19, 2013. / AP Photo

Oscar Pistorius, the famed double amputee South African Olympian, has been charged by prosecutors with intentionally murdering his girlfriend Reeva Steenkamp in his Pretoria home.

Play Video

Pistorius: I thought girlfriend was a burglar

He has said it was an accident, that he mistook her for a burglar when he fired several rounds through a locked bathroom door with a 9mm pistol. When a judge ruled Tuesday that he could not outright dismiss the prosecution's premeditated murder charge, Pistorius told his side of the story to the court on the same day Steenkamp's family laid her to rest in coastal Port Elizabeth.

The following are the portions of the statement Pistorius' lawyers submitted to the court via an affadavit that offer his view of the tragic events of this past Valentine's Day:

• 16.2 I have been informed that I am accused of having committed the offence of murder. I deny the aforesaid allegation in the strongest terms.
• 16.3 I am advised that I do not have to deal with the merits of the case for purposes of the bail application. However, I believe that it is appropriate to deal with the merits in this application, particularly in view of the State's contention that I planned to murder Reeva. Nothing can be further from the truth and I have no doubt that it is not possible for the State to present objective facts to substantiate such an allegation, as there is no substance in the allegation. I do not know on what different facts the allegation of a premeditated murder could be premised and I respectfully request the State to furnish me with such alleged facts in order to allow me to refute such allegations.
• 16.4 On the 13th of February 2013 Reeva would have gone out with her friends and I with my friends. Reeva then called me and asked that we rather spend the evening at home. I agreed and we were content to have a quiet dinner together at home. By about 22h00 on 13 February 2013 we were in our bedroom. She was doing her yoga exercises and I was in bed watching television. My prosthetic legs were off. We were deeply in love and I could not be happier. I know she felt the same way. She had given me a present for Valentine's Day but asked me only to open it the next day.
• 16.5 After Reeva finished her yoga exercises she got into bed and we both fell asleep.
• 16.6 I am acutely aware of violent crime being committed by intruders entering homes with a view to commit crime, including violent crime. I have received death threats before. I have also been a victim of violence and of burglaries before. For that reason I kept my firearm, a 9 mm Parabellum, underneath my bed when I went to bed at night.
• 16.7 During the early morning hours of 14 February 2013, I woke up, went onto the balcony to bring the fan in and closed the sliding doors, the blinds and the curtains. I heard a noise in the bathroom and realised that someone was in the bathroom.
• 16.8 I felt a sense of terror rushing over me. There are no burglar bars across the bathroom window and I knew that contractors who worked at my house had left the ladders outside. Although I did not have my prosthetic legs on I have mobility on my stumps.
• 16.9 I believed that someone had entered my house. I was too scared to switch a light on.
• 16.10 I grabbed my 9mm pistol from underneath my bed. On my way to the bathroom I screamed words to the effect for him/them to get out of my house and for Reeva to phone the police. It was pitch dark in the bedroom and I thought Reeva was in bed.
• 16.11 I noticed that the bathroom window was open. I realised that the intruder/s was/were in the toilet because the toilet door was closed and I did not see anyone in the bathroom. I heard movement inside the toilet. The toilet is inside the bathroom and has a separate door.
• 16.12 It filled me with horror and fear of an intruder or intruders being inside the toilet. I thought he or they must have entered through the unprotected window. As I did not have my prosthetic legs on and felt extremely vulnerable, I knew I had to protect Reeva and myself. I believed that when the intruder/s came out of the toilet we would be in grave danger. I felt trapped as my bedroom door was locked and I have limited mobility on my stumps.
• 16.13 I fired shots at the toilet door and shouted to Reeva to phone the police. She did not respond and I moved backwards out of the bathroom, keeping my eyes on the bathroom entrance. Everything was pitch dark in the bedroom and I was still too scared to switch on a light. Reeva was not responding.
• 16.14 When I reached the bed, I realised that Reeva was not in bed. That is when it dawned on me that it could have been Reeva who was in the toilet. I returned to the bathroom calling her name. I tried to open the toilet door but it was locked. I rushed back into the bedroom and opened the sliding door exiting onto the balcony and screamed for help.
• 16.15 I put on my prosthetic legs, ran back to the bathroom and tried to kick the toilet door open. I think I must then have turned on the lights. I went back into the bedroom and grabbed my cricket bat to bash open the toilet door. A panel or panels broke off and I found the key on the floor and unlocked and opened the door. Reeva was slumped over but alive.
• 16.16 I battled to get her out of the toilet and pulled her into the bathroom. I phoned Johan Stander ("Stander") who was involved in the administration of the estate and asked him to phone the ambulance. I phoned Netcare and asked for help. I went downstairs to open the front door.
• 16.17 I returned to the bathroom and picked Reeva up as I had been told not to wait for the paramedics, but to take her to hospital. I carried her downstairs in order to take her to the hospital. On my way down Stander arrived. A doctor who lives in the complex also arrived. Downstairs, I tried to render the assistance to Reeva that I could, but she died in my arms.
• 16.18 I am absolutely mortified by the events and the devastating loss of my beloved Reeva. With the benefit of hindsight I believe that Reeva went to the toilet when I went out on the balcony to bring the fan in. I cannot bear to think of the suffering I have caused her and her family, knowing how much she was loved. I also know that the events of that tragic night were as I have described them and that in due course I have no doubt the police and expert investigators will bear this out.

Read More..

Oscar Pistorius Describes 'Sense of Terror'

Olympian Oscar Pistorius today denied that he willfully killed his girlfriend, telling a South African court that he shot the woman through his bathroom door because he believed she was an intruder.

Pistorius, 26 and a double-amputee Olympian, was charged today with premeditated murder, or a Schedule 6 offense, which under South African law limits his chances for parole if convicted.

"I fail to understand how I could be charged with murder, let alone premeditated murder because I had no intention to kill my girlfriend," Pistorius said in a statement, read by his lawyer.

"I deny the accusation," he said. "Nothing can be further from the truth that I planned the murder of my girlfriend."

The court adjourned today with no decision on his bail and the hearing is scheduled to resume Wednesday.

PHOTOS: Paralympic Champion Charged in Killing

Pistorius, who gained worldwide fame for running on carbon-fiber blades and competing against able-bodied runners at the Olympics, is accused of shooting his girlfriend, Reeva Steenkamp, at his gated home in Pretoria, South Africa, Feb. 14.

In a statement read by his lawyer today, the runner said he and Steenkamp went to bed together before he was awoken by a noise he thought was an intruder coming from the bathroom.

Filled with a "sense of terror," he removed the 9-mm pistol he kept hidden under his bed and, without putting on his prosthetic legs, began shooting through the bathroom door, according to his statement.

"I was scared and didn't switch on the light," he said. "I got my gun and moved towards the bathroom. I screamed at the intruder because I did not have my legs on. I felt vulnerable. I fired shots through the bathroom door and told Reeva to call police.

Oscar Pistorius: Was Shooting Premeditated? Watch Video

Conflicting Theories Muddle Oscar Pistorius Murder Case Watch Video

Oscar Pistorius Allegedly Fought the Night of Shooting Watch Video

"I walked back to the bed and realized Reeva was not in bed. It's then it dawned on me it could be her in there," he said.

That's when he realized Steenkamp was not in bed, he said in the statement. Fearing she was inside the bathroom, he says, he broke down the door using a cricket bat and carried the woman outside, where he called for help, and she soon died.

Excerpts of Prosecutor's Case Against Pistorius

Pistorius appeared in court today for the first time since his Valentine's Day arrest, as prosecutors laid out their case, insisting that the runner could not have mistaken his girlfriend for an intruder.

"[Pistorius] shot and killed an innocent woman," Gerrie Nel, the senior state prosecutor, said in court, adding that there is "no possible explanation to support" the notion that Pistorius thought Steenkamp was an intruder.

Prosecutors said, "There is no possible explanation to support his report that he thought that it was a burglar. Even [in] his own version, he readied himself, walked to the bathroom with the clear intention and plan to kill the 'burglar' and did so whilst the burglar was harmless and contained in a toilet. This in itself also constitutes premeditated murder of a 'defenseless burglar.''

Pistorius said he and Steenkamp were in his bedroom the night before Valentine's Day, when she
was doing yoga exercises and he was in bed watching television. "My prosthetic legs were off," according to his statement. "We were deeply in love and I could not be happier. I
know she felt the same way. She had given me a present for Valentine's Day
but asked me only to open it the next day.

"After Reeva finished her yoga exercises she got into bed and we both fell
asleep."

Later, police responding to neighbors' calls about shouting and gunshots at Pistorius' home in the guarded and gated complex in the South African capital discovered Steenkamp's body. A 9-mm pistol was recovered at the home.

Prosecutors said Steenkamp had arrived at the house with the expectation of spending the night with Pistorius. They said that Steenkamp was shot while in the bathroom, which is about 21 feet from the main bedroom, and that the two rooms are linked by a passage. The door to the toilet was broken down from the outside, prosecutors said, implying that the bathroom door had been locked.

Prosecutors believe it's a case of premeditated murder because, they say, Pistorius had to stop, put on his prosthetic legs, grab a gun and then walk 21 feet to a bathroom.

The premeditated murder charge means that he would likely be sentenced to life in prison if convicted, and that he is likely to be denied bail.

Read More..