He raped, killed 6-yr-old; got off death row as ‘juvenile’

NEW DELHI: A woman prosecutor in the Delhi high court has written to the government urging it to approach the Supreme Court against a youth, convicted of raping and killing a six-year-old girl, who escaped the death penalty by using the Juvenile Justice Act.

The youth was handed the death sentence by a trial court after it was proved that he brutally raped and murdered his victim, chopped her body and threw the parts in two public toilets. However, the high court in November last year declared him a juvenile and set aside his conviction.

His case was sent to the Juvenile Justice Board, which is empowered to sentence him to a maximum detention of three years.

Now, additional public prosecutor Richa Kapoor has urged the authorities to move the apex court to settle questions of law which have since also been raised in the Nirbhaya gang-rape case.

She said the SC should be requested to consider if courts are competent to weigh the conduct of the accused and brutality of their crime, and not just go by medical evidence "which is not conclusive and varies according to region, diet, race etc and hence isn't conclusive proof".

Kapoor said if the offence indicates "evil and well-planned design" displaying the "matured skill" of a criminal, then the "so-called child as per medical age" should not be held to be a juvenile. She questioned why an accused who raped and killed a minor should be protected as a juvenile.

After the trial court verdict, the convict had filed an application claiming to be a juvenile. HC then directed an inquiry to be conducted by the trial court to ascertain his age at the time of the crime. While the bone ossification test put the youth's age between 17 and 20 years, HC took further pains and made inquiries from his family.

Since the youth never went to school, the court relied on recollection of his three elder sisters to zero in on the approximate year he was born. The court took into account the statements of his two sisters who said their brother was less than two years old when they got married (in the same year). HC, in its order of November 19 last year, decided to extend the benefit of doubt to the youth favouring the age hinted at by his sisters and the medical report.

In her recommendation, Kapoor asked whether "medical evidence and other attending circumstances would be of any value and assistance while determining the age of a juvenile, if municipal birth certificate/academic records/ certificates are not there or don't conclusively prove the age of the accused?"

"Looking at the facts of the case in hand, the accused certainly doesn't seem to be an innocent minor law breaker. To conclusively hold in view of medical age that the accused had not attained the age of discretion so as to understand the consequences of his heinous act is not free from ambiguity or doubt," the prosecutor said. The crime dates back to August 14, 2007. The trial court had awarded the maximum penalty to the accused.

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Your medical chart could include exercise minutes

CHICAGO (AP) — Roll up a sleeve for the blood pressure cuff. Stick out a wrist for the pulse-taking. Lift your tongue for the thermometer. Report how many minutes you are active or getting exercise.

Wait, what?

If the last item isn't part of the usual drill at your doctor's office, a movement is afoot to change that. One recent national survey indicated only a third of Americans said their doctors asked about or prescribed physical activity.

Kaiser Permanente, one of the nation's largest nonprofit health insurance plans, made a big push a few years ago to get its southern California doctors to ask patients about exercise. Since then, Kaiser has expanded the program across California and to several other states. Now almost 9 million patients are asked at every visit, and some other medical systems are doing it, too.

Here's how it works: During any routine check of vital signs, a nurse or medical assistant asks how many days a week the patient exercises and for how long. The number of minutes per week is posted along with other vitals at the top the medical chart. So it's among the first things the doctor sees.

"All we ask our physicians to do is to make a comment on it, like, 'Hey, good job,' or 'I noticed today that your blood pressure is too high and you're not doing any exercise. There's a connection there. We really need to start you walking 30 minutes a day,'" said Dr. Robert Sallis, a Kaiser family doctor. He hatched the vital sign idea as part of a larger initiative by doctors groups.

He said Kaiser doctors generally prescribe exercise first, instead of medication, and for many patients who follow through that's often all it takes.

It's a challenge to make progress. A study looking at the first year of Kaiser's effort showed more than a third of patients said they never exercise.

Sallis said some patients may not be aware that research shows physical inactivity is riskier than high blood pressure, obesity and other health risks people know they should avoid. As recently as November a government-led study concluded that people who routinely exercise live longer than others, even if they're overweight.

Zendi Solano, who works for Kaiser as a research assistant in Pasadena, Calif., says she always knew exercise was a good thing. But until about a year ago, when her Kaiser doctor started routinely measuring it, she "really didn't take it seriously."

She was obese, and in a family of diabetics, had elevated blood sugar. She sometimes did push-ups and other strength training but not anything very sustained or strenuous.

Solano, 34, decided to take up running and after a couple of months she was doing three miles. Then she began training for a half marathon — and ran that 13-mile race in May in less than three hours. She formed a running club with co-workers and now runs several miles a week. She also started eating smaller portions and buying more fruits and vegetables.

She is still overweight but has lost 30 pounds and her blood sugar is normal.

Her doctor praised the improvement at her last physical in June and Solano says the routine exercise checks are "a great reminder."

Kaiser began the program about three years ago after 2008 government guidelines recommended at least 2 1/2 hours of moderately vigorous exercise each week. That includes brisk walking, cycling, lawn-mowing — anything that gets you breathing a little harder than normal for at least 10 minutes at a time.

A recently published study of nearly 2 million people in Kaiser's southern California network found that less than a third met physical activity guidelines during the program's first year ending in March 2011. That's worse than results from national studies. But promoters of the vital signs effort think Kaiser's numbers are more realistic because people are more likely to tell their own doctors the truth.

Dr. Elizabeth Joy of Salt Lake City has created a nearly identical program and she expects 300 physicians in her Intermountain Healthcare network to be involved early this year.

"There are some real opportunities there to kind of shift patients' expectations about the value of physical activity on health," Joy said.

NorthShore University HealthSystem in Chicago's northern suburbs plans to start an exercise vital sign program this month, eventually involving about 200 primary care doctors.

Dr. Carrie Jaworski, a NorthShore family and sports medicine specialist, already asks patients about exercise. She said some of her diabetic patients have been able to cut back on their medicines after getting active.

Dr. William Dietz, an obesity expert who retired last year from the Centers for Disease Control and Prevention, said measuring a patient's exercise regardless of method is essential, but that "naming it as a vital sign kind of elevates it."

Figuring out how to get people to be more active is the important next step, he said, and could have a big effect in reducing medical costs.

___

Online:

Exercise: http://1.usa.gov/b6AkMa

___

AP Medical Writer Lindsey Tanner can be reached at http://www.twitter.com/LindseyTanner

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GOP Leader McConnell: 'Tax Issue Is Finished'

Jan 6, 2013 10:19am

                                                                                                            (Image Credit: ABC News)

Senate Republican Leader Mitch McConnell. R-Ky., Sunday said he will not accept any new revenue in future deals with congressional Democrats and President Obama.

“The tax issue is finished.  Over. Completed,” McConnell told me on “This Week.” “That’s behind us. Now the question is what are we going to do about the biggest problem confronting our country and that’s our spending addiction.

“We didn’t have this problem because we weren’t taxing enough,” McConnell added.

He blamed Obama and Democrats for waiting to resolve budget issues until the last minute.

Read a transcript of the full interview with Sen. Mitch McConnell HERE.

“Why we end up in these last-minute discussions is beyond me. We need to function,” McConnell said. “I mean, the House of Representatives, for example, passed a budget every year.  They’ve passed appropriation bills.

“The Senate Democratic majority and the president seem to like these last-minute deals.”

McConnell said that the biggest issue facing the country in the next year is the deficit and spending. And he predicted that the issue would occupy the congressional agenda in the first three months of the year, overtaking Obama’s other priorities, including gun control.

“But the biggest problem we have at the moment is spending and debt,” McConnell said. “That’s going to dominate the Congress between now and the end of March.  None of these issues, I think, will have the kind of priority that spending and debt are going to have over the next two or three months.”

On the expected nomination of former Sen. Chuck Hagel, R-Neb., as the secretary of Defense by Obama, McConnell said he would evaluate Hagel’s past statements before determining whether he could support his nomination in the Senate.

“I’m going to take a look at all the things that Chuck has said over the years and review that, and in terms of his qualifications to lead our nation’s military,” McConnell said. “The question we will be answering if he’s the nominee, is do his views make sense for that particular job?  I think he ought to be given a fair hearing, like any other nominee, and he will be.”

McConnell, who in 2008 praised Hagel for his clear voice and stature on foreign policy and national security, now says he will reserve judgment on his possible nomination until after a Senate confirmation hearing.

“I’m going to wait and see how the hearings go and see whether Chuck’s views square with the job he would be nominated to do,” he added.

Like “This Week” on Facebook here. You can also follow the show on Twitter here.

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Venezuela lawmakers elect Chavez ally as Assembly chief

CARACAS (Reuters) - Venezuelan lawmakers re-elected a staunch ally of Hugo Chavez to head the National Assembly on Saturday, putting him in line to be caretaker president if the socialist leader does not recover from cancer surgery.

By choosing the incumbent, Diosdado Cabello, the "Chavista"-dominated legislature cemented the combative ex-soldier's position as the third most powerful figure in the government, after Chavez and Vice President Nicolas Maduro.

"As a patriot ... I swear to be supremely loyal in everything I do, to defend the fatherland, its institutions, and this beautiful revolution led by our Comandante Hugo Chavez," Cabello said as he took the oath, his hand on the constitution.

He had earlier warned opposition politicians against attempting to use the National Assembly to "conspire" against the people, saying they would be "destroyed" if they tried.

Thousands of the president's red-clad supporters gathered outside parliament hours before the vote, many chanting: "We are all Chavez! Our comandante will be well! He will return!"

If Chavez had to step down, or died, Cabello would take over the running of the country as Assembly president and a new election would be organized within 30 days. Chavez's heir apparent, Maduro, would be the ruling Socialist Party candidate.

Chavez, who was diagnosed with an undisclosed form of cancer in his pelvic area in mid-2011, has not been seen in public nor heard from in more than three weeks.

Officials say the 58-year-old is in delicate condition and has suffered multiple complications since the December 11 surgery, including unexpected bleeding and severe respiratory problems.

Late on Friday, Maduro gave the clearest indication yet that the government was preparing to delay Chavez's inauguration for a new six-year term, which is scheduled for Thursday.

'CHAVEZ IS PRESIDENT'

Maduro said the ceremony was a "formality" and that Chavez could be sworn in by the Supreme Court at a later date.

The opposition says Chavez's absence would be just the latest sign that he is no longer fit to govern, and that new elections should be held in the South American OPEC nation.

Brandishing a copy of the constitution after his win in the Assembly, Cabello slammed opposition leaders for writing a letter to foreign embassies in which they accused the government of employing a "twisted reading" of the charter.

"Get this into your heads: Hugo Chavez was elected president and he will continue to be president beyond January 10. No one should have any doubt ... this is the constitutional route," he said as fellow Socialist Party lawmakers cheered.

The opposition sat stony-faced. One of their legislators had earlier told the session that it was not just the head of state who was ill, "the republic is sick."

Last year, Chavez staged what appeared to be a remarkable comeback from the disease to win re-election in October, despite being weakened by radiation therapy. He returned to Cuba for more treatment within weeks of his victory.

Should the president have to step down after 14 years in office, a new vote would probably pit Maduro, a 50-year-old former bus driver and union leader, against opposition leader Henrique Capriles, the 40-year-old governor of Miranda state.

Capriles lost to Chavez in October's presidential election.

"I don't think Maduro would last many rounds in a presidential race. He's not fit for the responsibility they have given him," Capriles said after the vice president's appearance on state television.

Chavez's condition is being watched closely by leftist allies around Latin American who have benefited from his oil-funded generosity, as well as investors attracted by Venezuela's lucrative and widely traded debt.

The country boasts the world's biggest crude reserves. Despite the huge political upheaval Chavez's exit would cause, the oil industry is not likely to be affected much in the short term, with an extension of "Chavismo" keeping projects on track, while a change in parties could usher in more foreign capital.

(Additional reporting by Deisy Buitrago; Editing by Vicki Allen)

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Algeria, Turkey renew gas deal for 10 years

ALGIERS: Algeria and Turkey have decided to renew for 10 years from 2014 an agreement for Algeria to deliver four billion cubic metres of gas annually to Turkey, Energy Minister Youcef Yousfi said on Saturday.

The official APS news agency said it was "decided to extend the agreement by 10 years, with the possibility of increasing the volume of gas exported."

Algeria and Turkey signed a 20-year agreement in 1988 on the sale and purchase of four billion cubic metres of gas annually, and which came into effect in 1994.

Speaking after a meeting in Algiers with visiting Turkish Energy Minister Taner Yildiz, Yousfi told reporters that Algeria's Sonatrach and Turkey's Botas have "already decided on the conditions and terms of the new agreement."

Turkey's rising gas needs are expected to quadruple over the next 10 years.

"We have said we wish to increase our imports to six billion cubic metres a year. Everything will depend on Algeria's export capacity," Yildiz said.

- AFP/de

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Zee News editor seeks video-recording of police statement

NEW DELHI: Zee News editor Sudhir Chaudhary, whom police has sent notice to join investigations after the channel aired the interview of December 16 rape victim's friend, on Saturday moved court seeking his statement be video-recorded but the order was silent on his request.

The court asked the city police to proceed the case "in accordance with the law" and did not specially mention in its order whether Chaudhary's statement would be recorded or not.

Metropolitan Magistrate Namrita Aggarwal said: "I have heard the counsel for the accused. SHO police station Vasant Vihar is directed to proceed as per law."

Chaudhary has moved the application saying he has been asked to join the investigation and a case has already been registered against him.

Advocate Vijay Aggarwal, appearing for Chaudhary, submitted that police has sent notice to his client to attend investigation.

"The applicant has received notice for attending investigation at Vasant Vihar police station. He prays that his statement made under section 161 (3) CrPC (Criminal Procedure Code) be recorded by audio video electronic means."

"The interview of the male friend had highlighted the irresponsible attitude of police towards the victims, so how can the same police register the case again the channel and also investigate it. It cannot be a fair investigation," said Aggarwal.

Delhi Police have filed a case against Zee News for revealing the identity of the gang-rape victim by carrying an interview of her male friend who was the only witness in the case.

The case was filed against at Vasant Vihar Police Station under Section 228 (A) of the Indian Penal Code. The interview of male friend would lead to the identification of the victim in breach of a law entitling her to anonymity, police said.

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FDA: New rules will make food safer

WASHINGTON (AP) — The Food and Drug Administration says its new guidelines would make the food Americans eat safer and help prevent the kinds of foodborne disease outbreaks that sicken or kill thousands of consumers each year.

The rules, the most sweeping food safety guidelines in decades, would require farmers to take new precautions against contamination, to include making sure workers' hands are washed, irrigation water is clean, and that animals stay out of fields. Food manufacturers will have to submit food safety plans to the government to show they are keeping their operations clean.

The long-overdue regulations could cost businesses close to half a billion dollars a year to implement, but are expected to reduce the estimated 3,000 deaths a year from foodborne illness. The new guidelines were announced Friday.

Just since last summer, outbreaks of listeria in cheese and salmonella in peanut butter, mangoes and cantaloupe have been linked to more than 400 illnesses and as many as seven deaths, according to the federal Centers for Disease Control and Prevention. The actual number of those sickened is likely much higher.

Many responsible food companies and farmers are already following the steps that the FDA would now require them to take. But officials say the requirements could have saved lives and prevented illnesses in several of the large-scale outbreaks that have hit the country in recent years.

In a 2011 outbreak of listeria in cantaloupe that claimed 33 lives, for example, FDA inspectors found pools of dirty water on the floor and old, dirty processing equipment at Jensen Farms in Colorado where the cantaloupes were grown. In a peanut butter outbreak this year linked to 42 salmonella illnesses, inspectors found samples of salmonella throughout Sunland Inc.'s peanut processing plant in New Mexico and multiple obvious safety problems, such as birds flying over uncovered trailers of peanuts and employees not washing their hands.

Under the new rules, companies would have to lay out plans for preventing those sorts of problems, monitor their own progress and explain to the FDA how they would correct them.

"The rules go very directly to preventing the types of outbreaks we have seen," said Michael Taylor, FDA's deputy commissioner for foods.

The FDA estimates the new rules could prevent almost 2 million illnesses annually, but it could be several years before the rules are actually preventing outbreaks. Taylor said it could take the agency another year to craft the rules after a four-month comment period, and farms would have at least two years to comply — meaning the farm rules are at least three years away from taking effect. Smaller farms would have even longer to comply.

The new rules, which come exactly two years to the day President Barack Obama's signed food safety legislation passed by Congress, were already delayed. The 2011 law required the agency to propose a first installment of the rules a year ago, but the Obama administration held them until after the election. Food safety advocates sued the administration to win their release.

The produce rule would mark the first time the FDA has had real authority to regulate food on farms. In an effort to stave off protests from farmers, the farm rules are tailored to apply only to certain fruits and vegetables that pose the greatest risk, like berries, melons, leafy greens and other foods that are usually eaten raw. A farm that produces green beans that will be canned and cooked, for example, would not be regulated.

Such flexibility, along with the growing realization that outbreaks are bad for business, has brought the produce industry and much of the rest of the food industry on board as Congress and FDA has worked to make food safer.

In a statement Friday, Pamela Bailey, president of the Grocery Manufacturers Association, which represents the country's biggest food companies, said the food safety law "can serve as a role model for what can be achieved when the private and public sectors work together to achieve a common goal."

The new rules could cost large farms $30,000 a year, according to the FDA. The agency did not break down the costs for individual processing plants, but said the rules could cost manufacturers up to $475 million annually.

FDA Commissioner Margaret Hamburg said the success of the rules will also depend on how much money Congress gives the chronically underfunded agency to put them in place. "Resources remain an ongoing concern," she said.

The farm and manufacturing rules are only one part of the food safety law. The bill also authorized more surprise inspections by the FDA and gave the agency additional powers to shut down food facilities. In addition, the law required stricter standards on imported foods. The agency said it will soon propose other overdue rules to ensure that importers verify overseas food is safe and to improve food safety audits overseas.

Food safety advocates frustrated over the last year as the rules stalled praised the proposed action.

"The new law should transform the FDA from an agency that tracks down outbreaks after the fact, to an agency focused on preventing food contamination in the first place," said Caroline Smith DeWaal of the Center for Science in the Public Interest.

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4 Dead After Aurora, Colo., SWAT Standoff

Four people were killed, including the gunman, during a hostage standoff this morning at a townhouse in Aurora, Colo., police said.

Police pumped tear gas into the home in an attempt to get the gunman to leave, and then went into the home and shot him, ABC News Denver affiliate KMGH-TV reported.

The three people found dead in the home are believed to be relatives of the shooter, Aurora Police Sgt. Cassidee Carlson told KMGH. A fourth person was found unharmed, she said.

Officers responded to the home after the first reports of gunshots came in around 3 a.m.

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The suspected gunman was found dead inside the townhome at 9 a.m., but police were not sure when he had been shot by officers or killed himself, she said.

"We're just getting in there with our crime scene detectives, so obviously we'll have to determine if it was our rounds or his rounds," Carlson said. "This is a big investigation, and a lot is entailed."

Carlson said neighboring residences were evacuated while the SWAT team attempted to resolve the standoff.

"We've evacuated several residences in the neighboring townhomes and in the immediate area where we believed would be the most dangerous," Carlson told KMGH-TV earlier today.

The Colorado town was the site of a movie theater massacre last July. A gunman opened fire during a midnight screening of "The Dark Knight Rises," killing 12 people and injuring 58 others.

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Abbas sees Palestinian unity as Fatah rallies in Gaza

GAZA (Reuters) - President Mahmoud Abbas predicted the end of a five-year split between the two big Palestinian factions as his Fatah movement staged its first mass rally in Gaza with the blessing of Hamas Islamists who rule the enclave.

"Soon we will regain our unity," Abbas, whose authority has been limited to the Israeli-occupied West Bank since the 2007 civil war between the two factions, said in a televised address to hundreds of thousands of followers marching in Gaza on Friday, with yellow Fatah flags instead of the green of Hamas.

The hardline Hamas movement, which does not recognize Israel's right to exist, expelled secular Fatah from Gaza during the war. It gave permission for the rally after the deadlock in peace talks between Abbas's administration and Israel narrowed the two factions' ideological differences.

The Palestinian rivals have drawn closer since Israel's assault on Gaza assault in November, in which Hamas, though battered, claimed victory.

Egypt has long tried to broker Hamas-Fatah reconciliation, but past efforts have foundered over questions of power-sharing, control of weaponry, and to what extent Israel and other powers would accept a Palestinian administration including Hamas.

An Egyptian official told Reuters Cairo was preparing to invite the factions for new negotiations within two weeks.

Israel fears grassroots support for Hamas could eventually topple Abbas's Palestinian Authority (PA) in the West Bank.

"Hamas could seize control of the PA any day," Israeli Prime Minister Benjamin Netanyahu said on Thursday.

The demonstration marked 48 years since Fatah's founding as the spearhead of the Palestinians' fight against Israel. Its longtime leader Yasser Arafat signed an interim 1993 peace accord that won Palestinians a measure of self rule.

Hamas, which rejected the 1993 deal, fought and won a Palestinian parliamentary election in 2006. It formed an uneasy coalition with Fatah until their violent split a year later.

Though shunned by the West, Hamas feels bolstered by electoral gains for Islamist movements in neighboring Egypt and elsewhere in the region - a confidence reflected in the fact Friday's Fatah demonstration was allowed to take place.

"The success of the rally is a success for Fatah, and for Hamas too," said Hamas spokesman Sami Abu Zuhri. "The positive atmosphere is a step on the way to regain national unity."

Fatah, meanwhile, has been riven by dissent about the credibility of Abbas's statesmanship, especially given Israel's continued settlement-building on West Bank land. The Israelis quit Gaza unilaterally in 2005 after 38 years of occupation.

"The message today is that Fatah cannot be wiped out," said Amal Hamad, a member of the group's ruling body, referring to the demonstration attended by several Abbas advisers. "Fatah lives, no one can exclude it and it seeks to end the division."

In his speech, Abbas promised to return to Gaza soon and said Palestinian unification would be "a step on the way to ending the (Israeli) occupation".

(Editing by Dan Williams, Alistair Lyon and Jason Webb)

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Obama wins (again) as Congress tallies electoral votes

WASHINGTON: Congress certified Friday what the world has known for nearly two months -- President Barack Obama's re-election, which was made official through the counting of the Electoral College's votes.

Only then, after votes from each of the 50 states and the District of Columbia were tabulated, was Obama officially declared the winner over Republican Mitt Romney -- a quaint formality, perhaps, but also constitutionally required.

A relic of when Americans travelled on horseback and interstate communication was less than instantaneous, electoral law provides for long delays between the popular vote and the announcement of a result by a joint session of Congress.

In reality, the outcome was known on election night on November 6, but the US president is not directly elected by the popular vote -- at least not technically.

Instead, Americans in each of the 50 states, as well as the capital, cast their ballots to elect 538 electors: 332 representing Obama and 206 for Romney.

Vice President Joe Biden, who serves as president of the US Senate, presided over Friday's joint session of Congress, when legislators read out the tallies from each state.

"This announcement of the state of the vote by the president of the Senate shall be deemed a sufficient declaration of the persons elected president and vice president of the United States," Biden declared.

The count is steeped in American electoral tradition, one which sees the votes carried in a box from the Senate through the Capitol Rotunda to the House of Representatives, in a procession including Biden and the congressional leadership.

The total figure of electors, and how many are assigned from each state, depends on the population.

On December 17 -- the first Monday after the second Wednesday in December -- these delegates cast their votes in each US state.

Only around half the states require the electors to vote for the candidate they represent, but it is extremely rare for an elector to change candidates or abstain.

The last time there was a "faithless elector" was the year 2000, when District of Columbia Democrat Barbara Lett-Simmons abstained from voting for her party's candidate Al Gore, for whom she was expected to cast her vote, as a protest of the capital city's lack of voting representation in Congress.

Her abstention did not affect the election's outcome.

In the hypothetical situation where no candidate obtained a majority, the House of Representatives would be responsible for choosing a winner, with one vote per state delegation.

Meanwhile, plans were well underway for Obama's second inauguration: a private swearing in on January 20, followed by an immense public ceremony the following day.

- AFP/jc

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