Obama Admin to Court: End Calif. Gay Marriage Ban











Solicitor General Donald B. Verrilli, plans to file a brief today with the Supreme Court in favor of challengers of Prop. 8, according to an administration source.


It would mark the first time that the Obama administration has come out in court against the California ballot initiative that defines marriage as between one man and one woman.


As far back as 2008, the president said that he thought Prop 8 was "divisive and discriminatory," but his Justice Department has never opined on its constitutionality. Because the DOJ is not a party to the case, it is not required to file a "friend of the court" brief, but the deadlines for briefs supporting the challengers to Prop 8 is tonight at midnight.






Justin Sullivan/Getty Images







Theodore Olson, one of the lead lawyers challenging Prop 8, told reporters last week that he hoped the DOJ lawyers would take the opportunity to set down a legal position.


In Depth: Obama's Prop 8 Decision


"However," Olson added, "whether they do or not, the president of the United States made it very clear in his inaugural address that we cannot rest in America until all civilians have equal rights under the law so, in a sense, the president has made that statement already."


Today, 39 states have laws restricting marriage to opposite-sex couples. This number includes voter-approved constitutional amendments in 30 states barring same sex marriage. Nine states allow gay marriage.


Related: Eric Holder Says Gay Marriage is the Next Civil Rights Issue


Related: Republican Moderates Join Legal Fight for Gay Marriage



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4 Pinocchios for Arne Duncan’s false claim of ‘pink slips’ for teachers




((Chris Usher/CBS News via Getty Images))


“It just means a lot more children will not get the kinds of services and opportunities they need, and as many as 40,000 teachers could lose their jobs. ... There are literally teachers now who are getting pink slips, who are getting notices that they can’t come back this fall.”


— Education Secretary Arne Duncan, CBS’s “Face the Nation,” Feb. 24, 2013



“Yes, there’s a district where it’s happened. But, again, it’s just because they have an earlier union notification than most, so Kanawha County, West Virginia. … In that district, to be clear, it’s Title I teachers and Head Start teachers, so it’s these funding sources that are being cut. Whether it’s all sequester-related, I don’t know, but these are teachers who are getting pink slips now.”


— Duncan, White House briefing, Feb. 27

Duncan’s claim, on one of the Sunday morning shows, that teachers were already getting pink slips because of the looming sequester was actually the second time he had made this assertion.

“I was on a call yesterday, people are starting to give RIF [reduction in force] notes,” Duncan said in a meeting with reporters Feb. 21, three days before his appearance on CBS. “Schools are already starting to give teachers notices.”

Oddly, however, the Education Department for days was unable to cough up the name of a single school district where these notices had been delivered. Then, on Wednesday, Duncan appeared before the White House press corps and produced a name — Kanawha County in West Virginia — with a major league caveat. “Whether it’s all sequester-related, I don’t know,” he said.

Duncan’s spokesman, Daren Briscoe, said in an e-mail that “the information shared on the call was that just over 100 teachers and Head Start teachers had received layoff notices.”

Unlike the dubious figure that “40,000 teachers could lose their jobs” — more on that below — this at least was specific information. So let’s check it out.

The Facts


The first thing that was striking about this figure of 100 teachers is that it was higher than the estimate in the state-by-state impact of the sequester released by the White House over the weekend. For the entire state of West Virginia, the White House said, “around 80 teacher and aide jobs [were] at risk.” And yet here, according to Duncan, was a single county with 100 potential layoffs.

But as we dug into it, the story got even odder. There were no news reports of pending layoffs. The school board was facing a $4.5 million shortfall, but just last week had landed a big victory worth as much as $3 million when the state Supreme Court ruled it no longer had to help fund the county’s library. The big issue at the moment was a push by the schools superintendent to crack down on teacher absenteeism — not the pending layoffs that the education secretary had announced on national television.

In fact, no one in the county seemed to know what Duncan was talking about, including the education reporters who cover the school district for the Charleston, W.V., newspapers. “There’s very little sequestration-related panic, at least on the education side of things,” one reporter said.

Our colleague Lyndsey Layton helped unravel the mystery.

She discovered that these were not layoffs, but rather “transfer notices” sent to 104 Title I teachers for reasons unrelated to the sequestration cuts. (West Virginia is considering requiring counties to set aside 20 percent of their budgets for their lowest-achieving schools.) Pam Padon, director of federal programs and Title 1 for the Kanawha County public schools, told Layton that ultimately, five or six jobs might be lost though the state-mandated change. But in the meantime, the notices only mean that teachers might end up with a new assignment.

“The major impact is not so much sequestration,” Padon said. “Those five or six jobs would already be gone regardless of sequestration.”

What about Head Start? It turns out that those notices were issued because the county program is not getting automatically renewed but must compete for funding with other districts.

In other words, Duncan’s scare story about teacher layoffs — right now, at this moment — was apparently too good to check. If the Obama administration had learned anything about the Susan Rice-Benghazi debacle, you would have thought it was to make sure the talking points for the Sunday shows are rock-solid. Given that Duncan had made this claim once to reporters, couldn’t anyone in his office have bothered to pick up the phone and double-check the information?

The administration has been on thin ice with some of its claims about the impact of the sequestration cuts. Duncan’s assertion that “as many as 40,000 teachers could lose their jobs” also appears to be hyperbole.

An aide to Duncan described it as a “rough back-of-the-envelope calculation,” derived by dividing the average pay and benefits of a teacher — $70,000 — by the amount — $2.8 billion — that needed to be cut in education programs.

But that amounts to false precision. Teacher salaries vary greatly across the nation, and within districts. School districts and states may find many ways to juggle funds or reduce expenses to avoid losing many teachers, which is what has happened during previous periods of financial stress.

The American Association of School Administrators this week released a report, based on a survey, that estimates that “at least 37,000 education jobs” would be lost through sequestration. That at least is based on something more than a rough calculation, though of course it is in the interest of this group to sound the alarm.

Moreover, note that the group refers to “education jobs,” not teachers. We have previously found that 67 percent of education jobs could be broadly defined as being held by teachers or teaching assistants. That would translate into a reduction of about 25,000 teachers, based on AASA’s survey data.

The Pinocchio Test


There is little debate that across-the-board spending cuts in education funding will cause pain for some schools and states. But there is no reason to hype the statistics — or to make scary pronouncements on pink slips being issued based on misinformation.

Indeed, Duncan’s lack of seriousness about being scrupulously factual undercuts the administration’s claim that the cuts are a serious problem.

Duncan made this claim not once, not twice, but three times. Let this be a teachable moment for him: Next time, before going on television, check your facts.

Four Pinocchios



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AIM not bidding for PAP town councils' tender






SINGAPORE: Action Information Management (AIM), which runs the People's Action Party (PAP) town councils' computer systems, will no longer operate the systems when its contract expires on April 30. It said on Wednesday that it will not participate in the latest tender exercise.

The arrangement between AIM, a company fully owned by the PAP, and the PAP town councils had caused controversy even though both parties had explained that the process by which the open tender was awarded to AIM was above board.

AIM Chairman S Chandra Das said: "Given that AIM had helped prepare the tender documents, it decided not to participate in the tender."

When contacted, Dr Teo Ho Pin, who is the Coordinating Chairman of the PAP town councils, confirmed the news: "AIM should not bid for this tender as they are involved in the tender specification preparation."

Dr Teo declined to reveal how many parties had collected the tender documents "as tendering is in progress".

In media reports last week, Mr Das declined to say whether AIM had - or would - bid for the tender, which was put up by the PAP town councils on February 4 and will close on Monday. Dr Teo had also said the latest tender was for developing a new town council management system. The previous tender - which was won by AIM in 2010 - was to sell and lease back computer software to the PAP town councils.

The saga began on December 14 after Aljunied-Hougang Town Council (AHTC) Chairman Sylvia Lim explained the town council's less-than-stellar performance in a management report.

Ms Lim, part of the Workers' Party team which took over management of the town council after the General Election in 2011, blamed the AHTC's poor performance on the need to develop new IT systems within two months of the PAP-owned AIM terminating its contract last August.

Her explanation was followed by a series of statements by the AHTC and AIM. Among other things, questions were raised about the termination of the contract and the fact that AIM won a tender to manage the computer systems used by the town councils.

Last month, Prime Minister Lee Hsien Loong announced that the Ministry of National Development will review the transaction. Among other things, the review will re-examine the fundamental nature of town councils, after much public debate about whether the town councils are public institutions or political organisations.

- TODAY



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After thaw, UK opens floodgates for Gujarat

AHMEDABAD: After the thaw, relations between the UK and Narendra Modi's Gujarat are all set to get warmer. One of UK's biggest industry associations, led by UK member of Parliament Ian Swales, will visit the state next month. Later in April, a delegation of British MPs is likely to visit Gujarat.

Swales is bringing a 20-member delegation of the North East of England Process Industry Cluster (NEPIC), which will visit Vapi and Dahej on March 4 and 5. They will explore trade and investment opportunities with companies here to source active pharmaceutical ingredients, besides specialty chemicals from the state.

The NEPIC cluster represents 560 industrial units. It accounts for 60% of UK's petrochemicals output, and around 35% of the pharmaceutical production. Goods worth 11 billion pounds are exported from the cluster annually.

After cold-shouldering Modi for more than a decade over the 2002 post-Godhra riots, the UK government has only recently started engaging with the chief minister at the diplomatic level. The UK India Business Council had even partnered the Vibrant Gujarat investor summit in January with the British high commissioner to India, James Bevan, attending the event.

During the visit in March, the delegation will meet potential customers and partners, besides networking with local businessmen, said an official of the UK Trade and Investment (UKTI), which is supporting the trip. Four British universities will also be part of the delegation to search for setting up campuses and franchises in the state.

Bilateral trade between India and the UK is being pegged at 14 billion pounds per annum and Gujarat is enjoying a lion's share in it.

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Why African Rhinos Are Facing a Crisis


The body count for African rhinos killed for their horns is approaching crisis proportions, according to the latest figures released by the International Union for Conservation of Nature (IUCN).

To National Geographic reporter Peter Gwin, the dire numbers—a rhinoceros slain every 11 minutes since the beginning of 2013—don't come as a surprise. "The killing will continue as long as criminal gangs know they can expect high profits for selling horns to Asian buyers," said Gwin, who wrote about the violent and illegal trade in rhino horn in the March 2012 issue of the magazine.

The recent surge in poaching has been fueled by a thriving market in Vietnam and China for rhino horn, used as a traditional medicine believed to cure everything from hangovers to cancer. Since 2011, at least 1,700 rhinos, or 7 percent of the total population, have been killed and their horns hacked off, according to the IUCN. More than two-thirds of the casualties occurred in South Africa, home to 73 percent of the world's wild rhinos. In Africa there are currently 5,055 black rhinos, listed as critically endangered by the IUCN, and 20,405 white rhinos. (From our blog: "South African Rhino Poaching Hits New High.")

Trying to snuff out poaching by itself won't work, said Gwin. The South African government is fighting a losing battle on the ground to gangs using helicopters, dart guns, high-powered weapons—and lots of money. (National Geographic pictures: The bloody poaching battle over rhino horn [contains graphic images].)

"Every year they get tougher on poaching, but rhino killings continue to rise astronomically," said Gwin. "Somehow they have to address the demand side in a meaningful way. This means either shutting down the Asian markets for rhino horn, or controversially, finding a way to sustainably harvest rhino horns, control their legal sale, and meet what appears to be a huge demand. Either will be a formidable endeavor."

Hope and Hurdles

The signing in December of a memorandum of understanding between South Africa and Vietnam to deal with rhino poaching and other conservation issues raises hope for some concrete action. Observers say the next step is for the two governments to follow through with tangible crime-stopping efforts such as intelligence sharing and other collaboration. The highest hurdle to stopping criminal trade, though, is cultural, Gwin believes. "In Vietnam and China, a lot of people simply believe that as a traditional cure, rhino horn works." (Related: "Blood Ivory.")

The recent climb in rhino deaths threatens what had been a conservation success story. Since 1995, due to better law enforcement, monitoring, and other actions, the overall rhino numbers have steadily risen. The poaching epidemic, the IUCN warns, could dramatically slow and possibly reverse population gains.

The population growth is also being stymied by South Africa's private game farmers, who breed rhinos for sport hunting and tourism and for many years have helped rebuild rhino numbers. Many of them are getting out of the business due to the high costs of security and other risks associated with the poaching invasions.

Those who still have rhinos on their farms will often pay a veterinarian to cut the horns off—under government supervision—to dissuade poachers, but the process costs more than $2,000 and has to be repeated when the horns grow back every two years. Even then the farmers are stuck with horns that are illegal to sell—and which criminals seek to obtain.

Room for Debate

Rhino killings and the trade in their horns will be a major topic at a high-profile conference, the 16th meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which opens in Bangkok March 3. What won't surprise Gwin is if the issue of sustainably harvesting rhino horns from live animals comes up for discussion.

"It's an idea that seems to be gaining traction among some South African politicians and law enforcement circles," he said, noting that the international conservation community strongly opposes any talk of legalizing the trade of rhino horn, sustainably harvested or not. The bottom line for all parties in the discussion is clear, said Gwin: "The slaughter has to stop if rhinos are to survive."


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Holder Says Sequester Makes America Less Safe












The looming budget sequestration will make Americans less safe, Eric Holder says—and anyone who says otherwise isn't telling the truth.


"This is something that is going to have an impact on the safety of this country," the U.S. attorney general told ABC's Pierre Thomas on Wednesday in a wide-ranging, exclusive interview.


"And anybody that says otherwise is either lying or saying something that runs contrary to the facts," Holder said.


In his interview with ABC News, Holder reiterated warnings that if automatic spending cuts are triggered on Friday, the Justice Department will be handicapped in some of its most vital missions to prevent terrorist attacks and crime.


"The Justice Department is going to lose nine percent of its budget between now and September 30th. We're going to lose $1.6 billion. There are not going to be as many FBI agents, ATF agents, DEA agents, prosecutors who are going to be able to do their jobs," Holder said. "They're going to be furloughed. They're going to spend time out of their offices, not doing their jobs."


Portions of the interview will air Wednesday, February 27 on "ABC World News"






Patrick Semansky/AP Photo











Eric Holder Says Homegrown Terror Threat Equals International: Exclusive Watch Video









Eric Holder Remembers Newtown, His Worst Day on the Job: Exclusive Watch Video







President Obama's Cabinet members have been warning for weeks that budget sequestration, which will begin Friday unless Obama and Republicans reach a deficit-reduction deal to avoid it, will leave their agencies shorthanded and could bring about disastrous consequences. Homeland Security Secretary Janet Napolitano and Transportation Secretary Ray LaHood have both appeared at the White House press briefing room to warn that furloughs for border-patrol agents, TSA agents and air-traffic controllers will mean weakened border and port security, longer waits in airport security lines, and logjammed air travel.


Holder, for his part, warned in a Feb. 1 letter to the Senate Appropriations Committee that cuts to the FBI, the ATF, the U.S. Marshals Service, and U.S. Attorneys would limit the department's capacity to investigate crimes. Cuts at the Bureau of Prisons, Holder wrote, would mean lockdowns and potential violence, with fewer staff members on hand. In a separate letter, FBI Director Robert Mueller warned that counterterrorism operations would be affected, with the possible elimination of some joint terrorism task forces with state and local police. Limited surveillance and slower response times would mean unwatched targets and the possibility that individuals on terrorism watch lists could gain entry to the U.S.


"FBI's ability to proactively penetrate and disrupt terrorist plans and groups prior to an attack would be impacted," Mueller wrote.


To Holder, the problem is simple.


"If you don't have prosecutors and agents doing what we expect them to do, and we won't if this thing actually takes place, we are going to be a nation that is going to be less safe. And that is simple fact," Holder said.


Some Republicans have claimed the Obama administration is exaggerating the sequester's purported consequences as a ploy to campaign for tax hikes. On "Fox News Sunday" this week, Sen. Tom Coburn, R-Okla., posited that federal agencies enjoy enough flexibility to avoid the worst consequences of the cuts.


On Wednesday, Holder acknowledged that the Justice Department will do what it can to avoid compromised security, while maintaining that furloughs can't be avoided.






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Dollar edges higher as Bernanke confirms stimulus






NEW YORK: The dollar edged higher Tuesday against the euro after Ben Bernanke confirmed the US Fed's stimulus program would continue, while the yen traded flat ahead of the nomination of a new Bank of Japan chief.

At 2200 GMT the euro was at $1.3061, compared to $1.3065 late Monday. The euro remained under pressure after Italy's inconclusive election, which some fear could lead to more political trouble and policy stalemate in the country.

"Political uncertainty has increased in Italy following the election results weighing upon the euro and risk assets," said Lee Hardman, currency analyst at the Bank of Tokyo-Mitsubishi UFJ in London.

In Washington, Federal Reserve Chairman Bernanke quelled speculation of an early end to quantitative easing when he told a Senate panel that the Fed's stimulus program was having an impact and was still needed.

He said inflation remained subdued and the Fed was keeping its eye on any potentially risky behavior in the market due to low-interest rates.

The Fed policy board "remains confident that it has the tools necessary to tighten monetary policy when the time comes to do so," he added.

The yen was barely changed against the dollar at 91.93, and the euro was at 120.08 yen compared to 120.12 yen late Monday.

Markets were waiting for confirmation of who would be named to head the bank of Japan, after newspapers reported Monday that Asian Development Bank chief Haruhiko Kuroda, an advocate of a lower yen, would be named.

The British pound fell further, to $1.5126 from $1.5166 late Monday. The dollar was little changed on the Swiss franc, at 0.9315 francs.

-AFP/ac



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Rail Budget 2013: Raising funds an uphill journey

When he hiked passenger fares in late January, railway minister Pawan Kumar Bansal had argued that the extent to which freight earnings had been used to subsidise passenger operations was unsustainable. On Tuesday, however, he said he would not affect any changes in passenger fares while imposing an across-the-board 5.8% increase in freight rates.

According to Bansal, losses on passenger operations are estimated to have risen from Rs 4,955 crore in 2001-02 to about Rs 24,600 crore in 2012-13. Considering that the earnings from passengers were Rs 32,500 crore in 2012-13, that suggests that the railways recover only about 55% of their costs on carrying passengers, the rest coming from the surplus generated in freight operations.

That explains why Bansal has bucked the trend of over a decade in recent weeks and announced measures that will yield him an estimated Rs 7,000 crore plus from passengers. Despite such a sizeable mop-up, Railway finances as projected for 2013-14 look only somewhat better than in the last couple of years.

The operating ratio - a measure of what percentage of revenues is used up in running expenses - is pegged at 88.8% for the current year and 87.8% for the coming year. In other words barely 12% of what the Railways earn will be available for investing in building future assets. While this is significantly better than the situation in the last couple of years when the OR had touched 95%, it is still a far cry from the 2007-08 scenario in which nearly 25% of earnings were available for investment.

The squeeze on resources was evident in the minister's lament that the 12th Plan target of investing Rs 5.19 lakh crore on the Railways with Rs 1.05 lakh crore coming from internal resources was beginning to look like an increasingly tall order. He pointed out that only Rs 10,000 crore had been contributed by internal resources in the first year. Yet, the budget for 2013-14 does not do very much better with Rs 14,260 crore of internal accruals contributing to an annual Plan size of Rs 63,363 crore.

Put together, therefore, the first two years of the Plan are now estimated to add up to investments of Rs 1.16 lakh crore with internal resources contributing just over Rs 24,000 crore. That means the Railways will have to invest over Rs 4 lakh crore in the remaining three years of the Plan and find nearly Rs 81,000 crore of that internally, clearly a tall order.

Budget 2013 > Rail Budget 2013 > Economic Survey 2013

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A History of Balloon Crashes


A hot-air balloon exploded in Egypt yesterday as it carried 19 people over ancient ruins near Luxor. The cause is believed to be a torn gas hose. In Egypt as in many other countries, balloon rides are a popular way to sightsee. (Read about unmanned flight in National Geographic magazine.)

The sport of hot-air ballooning dates to 1783, when a French balloon took to the skies with a sheep, a rooster, and a duck. Apparently, they landed safely. But throughout the history of the sport, there have been tragedies like the one in Egypt. (See pictures of personal-flight technology.)

1785: Pioneering balloonist Jean-Francois Pilatre de Rozier and pilot Pierre Romain died when their balloon caught fire, possibly from a stray spark, and crashed during an attempt to cross the English Channel. They were the first to die in a balloon crash.

1923: Five balloonists participating in the Gordon Bennett Cup, a multi-day race that dates to 1906, were killed when lightning struck their balloons.

1924: Meteorologist C. LeRoy Meisinger and U.S. Army balloonist James T. Neely died after a lightning strike. They had set off from Scott Field in Illinois during a storm to study air pressure. Popular Mechanics dubbed them "martyrs of science."

1995: Tragedy strikes the Gordon Bennett Cup again. Belarusian forces shot down one of three balloons that drifted into their airspace from Poland. The two Americans on board died. The other balloonists were detained and fined for entering Belarus without a visa. (Read about modern explorers who take to the skies.)

1989: Two hot air balloons collided during a sightseeing trip near Alice Springs, Australia. One balloon crashed to the ground killing all 13 people on board. The pilot of the other balloon was sentenced to a two-year prison term for "committing a dangerous act." Until today, this was considered the most deadly balloon accident.

2012: A balloon hit a power line and caught fire in New Zealand, killing all 11 on board. Investigators later determined that the pilot was not licensed to fly and had not taken  proper safety measures during the crash, like triggering the balloon's parachute and deflation system.

2012: A sightseeing balloon carrying 32 people crashed and caught fire during a thunderstorm in the Ljubljana Marshes in Slovenia. Six died; many other passengers were injured.


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Senate Votes to Confirm Hagel as Defense Secretary












After a tough two-month battle characterized by tough interrogation and a partisan divide, the Senate voted 58-41 to confirm Chuck Hagel -- President Obama's nominee -- as secretary of defense this afternoon.


Only four Republicans broke party lines to vote in Hagel's favor. They included Sens. Thad Cochran of Mississippi, Richard Shelby of Alabama, Mike Johanns of Nebraska and Rand Paul of Kentucky, though Paul had voted against moving forward with the vote earlier today.


Before that cloture vote to close the debate and bring Hagel's nomination to a vote, Senate Majority Leader Harry Reid, D-Nev., warned Republicans against continuing their partisan fight against the nominee.


"Senate Republicans have delayed for the better part of two weeks for one reason: partisanship," Reid said. "Politically motivated delays send a terrible signal to allies around the world, and they send a terrible signal to tens of thousands of Americans serving in Afghanistan, other parts of world and those valiant people who are serving here in the United States. For the sake of national security, it's time to set aside this partisanship."


The measure to move forward passed by a vote of 71-27. It needed at least 60 votes to pass.


Some Republican senators took the time before the vote to take a last stab at Hagel.


John Cornyn, R-Texas, who was one of 15 senators who sent a letter to Obama last week calling for him to withdraw his nomination of Hagel, said Hagel had proved that he's ill-prepared to assume the defense secretary post.








Chuck Hagel as Secretary of Defense: Confirmation Process Watch Video









Obama Taps Sen. Chuck Hagel for Defense Secretary Watch Video





"There's simply no way to sugar coat it," Cornyn said. "Sen. Hagel's performance before the Senate Armed Services Committee was remarkably inept, and we should not be installing a defense secretary who is obviously not qualified for the job and who holds dangerously misguided views on some of the most important issues facing national security policy for our country. Sen. Hagel is clearly the wrong man for the job."


The Senate returned today after a week off from debating Hagel's pros and cons.


Today's was not the first attempt to bring Hagel's nomination to the floor.


Republicans blocked a cloture vote to confirm Hagel on Valentine's Day, pushing the decision back until after their President's Day recess.


Democrats framed that rejection as a filibuster, while Republicans said they needed another week to discuss the candidate's record.


"This is a very controversial nominee. There is a desire to not end debate now," Sen. Lindsey Graham, R-S.C., said that Thursday. "We feel like come back next week, after the break, unless there is some bombshell I'd be ready to move on to vote."


Ten days later, GOP Sens. Tom Coburn of Oklahoma and John McCain of Arizona predicted the Senate would go through with a vote today.


A group of 15 Republicans sent a letter to Obama last week asking him to withdraw Hagel's nomination. Coburn, one of the senators who signed that letter, said the fight among lawmakers over Hagel's qualifications would weaken him should he become secretary.


"I like Chuck Hagel as an individual, but the fact is, in modern times, we haven't had one defense secretary that's had more than three votes against him," Coburn said on "Fox News Sunday" this weekend. "And you're going to have 40 votes against him, or 35 votes. And that sends a signal to our allies as well as our foes that he does not have broad support in the U.S. Congress, which limits his ability to carry out his job."


McCain did not sign that letter.






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