New York Gov. Cuomo moves to ban fracking

New York officials on Wednesday moved forward with an effort to ban fracking across the state, citing excessive environmental and health concerns.
The move came during a Cabinet-level meeting in Albany, the state capital, in which Gov. Andrew Cuomo's environmental commissioner, Joe Martens, recommended a ban.
Cuomo, a Democrat, said he will defer to Martens and acting Health Commissioner Howard Zucker in making a final decision.
A ban would end the state's current six-month moratorium on fracking.
The process of fracking involves shooting a mix of pressurized water, sand and chemicals to split rock formations to release natural gas and so-called tight oil.
The widely used, deep-drilling process has resulted in a surge in domestic-energy production and has created millions of new jobs.
However, state and local governments are pushing for bans over the health and environmental concerns, including the potential for earthquakes and the contamination of natural water supplies.
New York sits atop the Marcellus shale formation, which stretches 600 miles along the Appalachian Basin and is rich in natural gas deposits.
Fracking supporters immediately expressed opposition to the state’s plan.
“Today’s action by Governor Cuomo shows that New York families, teachers, roads and good-paying jobs have lost out to political gamesmanship,” said Karen Moreau, of the New York Petroleum Council, an arm of the American Petroleum Institute, which represents some of the world's biggest energy companies.
Martens said the state’s Department of Environmental Conservation will put out a final impact study early next year that will suggest a ban on fracking, more formally known as high-volume hydraulic fracturing.
Martens said he would follow the report with an order prohibiting the process.
Zucker said he came to the decision that he didn’t want the state to proceed with fracking when he realized that he wouldn’t want his family to live near an extraction site.

Palestinians buck US, put UN resolution before Security Council demanding Israel withdraw from West Bank

Arab nations backed Palestinians Wednesday, putting a resolution before the UN Security Council Wednesday that would demand an Israeli pullout from the West Bank and East Jerusalem within two years in a bid that could complicate U.S. efforts to broker peace in the region.
The Arab Group at the UN endorsed by consensus the Palestinian resolution,  instructing Jordan, a temporary member, to submit it to the powerful panel. The sponsors of the resolution believe that the text is ready for a vote they hope will come as early as Thursday.
The measure, which presents the Arab and pro-Palestinian position, sets the parameters for an Israeli withdrawal beyond the pre-1967 borders, with East Jerusalem becoming its capital, and advance the process of a two-state solution.
The resolution is believed to be based on a French proposal, a rough draft of which Fox News has obtained. But it could not be determined what changes may be made before or during the Arab League session. The Palestinians are calling it the "ending the occupation" resolution.
Should the Security Council take up the measure, it could spark weeks or even months of debate, or be brought to a vote within 24 hours.
Arab leaders said they were pressing ahead with the maneuver in spite of opposition from the U.S., where U.S. Secretary of State John Kerry has been working to find common ground between Palestinian and Israeli leaders. Although the resolution would likely have support from some European members of the council, the U.S. is likely to veto it, further complicating the peace process.
More than 700,000 Israeli settlers live in the so-called “occupied territories.” Although none live in Gaza, under the resolution believed to be in play Gaza would become an integral part of the Palestinian State.

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Israeli Prime Minister Benjamin Netanyahu warned the resolution would destabilize the region. (AP) (AP)

Israeli Prime Minister Benjamin Netanyahu warned that the motion, if passed, would destabilize the region.
"Attempts of the Palestinians and of several European countries to force conditions on Israel will only lead to a deterioration in the regional situation and will endanger Israel," he warned in a statement.
The resolution also condemns violence against civilians and all acts of terrorism and promotes a sovereign, non-militarized Palestine, which would have full UN membership.

Congressional critics ready to block Obama push to normalize Cuban relations

The historic plan announced by President Obama on Wednesday to normalize relations with Cuba was met with heavy bipartisan resistance on Capitol Hill, raising questions of whether Congress will even consider easing a more than 50-year trade embargo against the communist state -- let alone end it.
Obama said the United States will cease what he called an “outdated approach” with Cuba, and take steps to normalize diplomatic relations -- including opening an embassy in Havana -- after American Alan Gross was released from the country following five years in prison as part of an agreement that also included the release of three Cubans jailed in the U.S.
Obama also called on Congress to have an "honest and serious debate" about lifting the trade embargo, which has been in place since 1962.
But Republicans, and even some Democrats, pushed back strongly, with some GOP heavy hitters calling Obama's plan “another concession to tyranny.”
“These changes will lead to legitimacy for a government that shamelessly continuously abuses human rights but it will not lead to assistance for those whose rights are being abused,” Sen. Marco Rubio, R-Fla., said Wednesday.
"It's absurd and it's part of a long record of coddling dictators and tyrants," Rubio told Fox News, claiming the administration is "constantly giving away unilateral concessions ... in exchange for nothing." Rubio called Obama the "worst negotiator" the U.S. has had as president "since at least Jimmy Carter." He also said Congress would not support lifting the embargo.
Incoming Senate Majority Leader Mitch McConnell also criticized the administration’s plan to change the current U.S. relationship with Cuba. McConnell said he defers to Rubio on the matter.
Sen. Bob Menendez, D-N.J., who, like Rubio, is a Cuban-American lawmaker, said this is a moment of "profound relief" for Gross and his family. But he voiced concerns that this constituted a "swap of convicted spies for an innocent American."
"President Obama's actions have vindicated the brutal behavior of the Cuban government," he said in a statement. "Trading Mr. Gross for three convicted criminals sets an extremely dangerous precedent. It invites dictatorial and rogue regimes to use Americans serving overseas as bargaining chips."
Sens. Lindsey Graham, R-S.C., and John McCain, R-Ariz., said in a joint statement that the move damages American values.
"Unfortunately, we fear the most damaging chapter to America’s national security is still being written. We dread the day President Obama takes to the podium to announce a nuclear deal with the Iranian ayatollahs which does little, if anything, to deter their nuclear ambitions, placing our nation and our closest allies in even deeper peril,” the said in a joint written statement.
Other U.S. lawmakers hailed the agreement, and some even joined Gross on the plane ride to the U.S. -- Rep. Chris Van Hollen, D-Md.; Sen. Patrick Leahy, D-Vt.; and Sen. Jeff Flake, R-Ariz., were on that flight. 
U.S. officials said Pope Francis was personally engaged in the process as well and sent separate letters to Obama and Castro this summer urging them to restart relations.
Senior administration officials said Obama spoke with Cuban leader Raul Castro for more than 45 minutes on Tuesday, the first substantive presidential-level discussion between the U.S. and Cuba since 1961.
Obama also plans to take several executive actions, including expanding travel and economic ties to the island. According to a White House document, the U.S. government would raise remittance levels and authorize certain travel to Cuba, as well as start a review of Cuba's designation as a state sponsor of terrorism.
Obama also has formally directed the State Department to launch talks with Cuba to re-establish diplomatic relations, which were cut in 1961. The embassy in Havana would be opened "in the coming months," according to the White House.
Officials said the Cuban government was releasing 53 political prisoners. The announcement comes after Gross was freed, as part of an agreement that included the release of three Cubans jailed in the U.S. 
Gross landed in the U.S. shortly before noon on Wednesday.
A senior Obama administration official told Fox News that Gross left Cuba on a U.S. government plane Wednesday morning, and was "released on humanitarian grounds by the Cuban government at the request of the United States."
The three Cubans released are part of the so-called Cuban Five -- a group of men who were part of the "Wasp Network" sent by Cuba's then-President Fidel Castro to spy in South Florida. The men, who are hailed as heroes in Cuba, were convicted in 2001 in Miami on charges including conspiracy and failure to register as foreign agents in the U.S.
Two of the Cuban Five were previously released after finishing their sentences.
Cuba was also releasing a non-American intelligence "asset" along with Gross, according to a U.S. official. Administration officials claimed that Gross was not technically traded for the three Cubans, and that his release was humanitarian.
Obama administration officials had considered Gross' imprisonment an impediment to improving relations with Cuba, and the surprise deal was quickly making way for rapid changes in U.S. policy.
The president has taken some steps to ease U.S. restrictions on Cuba after Raul Castro took over as president in 2010 from his ailing brother. He has sought to ease travel and financial restrictions on Americans with family in Cuba, but had resisted calls to drop the embargo. Obama raised eyebrows when he shook hands with Raul Castro at Nelson Mandela's memorial service last year.
Gross was detained in December 2009 while working to set up Internet access as a subcontractor for the U.S. government's U.S. Agency for International Development, which does work promoting democracy in the communist country. It was his fifth trip to Cuba to work with Jewish communities on setting up Internet access that bypassed local censorship.

North Korea connected to Sony attack as company cancels Dec. 25 release of 'The Interview'

LOS ANGELES –  The FBI has connected North Korea to the Sony Pictures cyberattack, a federal law enforcement source told Fox News Wednesday, hours after the company announced it had scrapped the Dec. 25 release of "The Interview" after a number of major movie chains said they would not show the film.
The administration reportedly will call out North Korea on its role on Thursday.
However, the source also told Fox the hacking attack did not necessarily come from inside the borders of North Korea.
Until Wednesday, the Obama administration had been saying it was not immediately clear who might have been responsible for the computer break-in. North Korea has publicly denied it was involved.
In canceling he Christmas day release, Sony released a statement saying, "In light of the decision by the majority of our exhibitors not to show the film The Interview, we have decided not to move forward with the planned December 25 theatrical release. We respect and understand our partners' decision and, of course, completely share their paramount interest in the safety of employees and theater-goers."
Later, a Sony spokesman said the company had no further release plans for the film, Variety reported.
As of Wednesday AMC Entertainment, Regal Cinemas, Cineplex and Cinemark had opted to drop the movie after the hackers issued threats that implied the theaters showing the movie were terror targets. According to TMZ, Bow Tie Cinemas also canceled planned showings of the movie.
In its statement, Sony also said the company was "the victim of an unprecedented criminal assault against our employees, our customers, and our business. Those who attacked us stole our intellectual property, private emails, and sensitive and proprietary material, and sought to destroy our spirit and our morale."
It added, "we stand by our filmmakers and their right to free expression and are extremely disappointed by this outcome."
The U.S. government reportedly gave the thumbs-up to the ending of the film in which North Korean leader Kim Jung-Un's head blows up.
New hacked emails also reveal that Sony execs showed a rough cut of the film "The Interview" to at least two U.S. government officials who gave it the OK, according to the Daily Beast.
The site reports that the State Department had an active role in deciding whether or not Kim Jong-un's gruesome death scene at the conclusion of the film would be included, and officials signed off on the controversial scene.
The Sony hacking saga took a sinister turn on Tuesday when hackers sent a message and threatening to target theaters showing “The Interview” in a 9/11 type attack.
Sony then told theaters they will not be penalized should they choose not to show it.
A Department of Homeland Security (DHS) official told FOX411 that while they are aware of the online threat and are analyzing the credibility of the statements, as it stands, there is no credible intelligence to indicate an active plot against movie theaters in the United States.
“DHS will continue to adjust our security posture, as appropriate, to protect the American people. This includes continued, regular information sharing with our state, local, federal and international partners, builds on ongoing work such as enhanced protection at federal facilities,” the official said, adding that the public is encouraged to report any suspicious activity to appropriate law enforcement authorities.
A representative for the FBI Los Angeles Field Office told FOX411 that the bureau is “aware of the recent threats and continues to work collaboratively with our partners to investigate.”
Security experts told Fox that in the wake of the Sydney siege and the release of the CIA enhanced interrogation report last week, it is crucial that the threat be taken seriously by authorities.
“This threatening statement obviously has some foundation and may be linked to current global hostilities towards the west and predominantly the U.S.,” said Lee Oughton, global security and risk management expert. “We are still unaware how deep the hackers were able to penetrate into the Sony systems. Only time will tell how much information they were able to ascertain and what price Sony will pay in the international market.”
Actors James Franco and Seth Rogen already canceled all media appearances promoting their film.

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Fox News Poll: Romney, Clinton lead potential 2016 presidential pack

Former Massachusetts Gov. and 2012 Republican nominee Mitt Romney leads the growing pack for the GOP presidential nomination, while former Secretary of State Hillary Clinton remains far ahead among Democrats.
That’s according to a Fox News poll released Tuesday.
Click here for the poll results.
Romney dominates the field for the 2016 Republican nomination. He comes in at 19 percent among self-identified Republicans, followed by former Florida Gov. Jeb Bush at 10 percent. No other candidates garner double-digit backing. 
New Jersey Gov. Chris Christie, former Arkansas Gov. Mike Huckabee and Kentucky Sen. Rand Paul each receive eight percent. Next, Wisconsin Gov. Scott Walker captures seven percent, followed by retired neurosurgeon Ben Carson and Wisconsin Rep. Paul Ryan each at six percent and Texas Sen. Ted Cruz at five percent. 
Florida Sen. Marco Rubio (four percent), Ohio Gov. John Kasich (two percent), Texas Gov. Rick Perry (two percent), Louisiana Gov. Bobby Jindal (one percent) and former Penn. Sen. Rick Santorum (one percent) each receive the backing of less than five percent of Republicans. 
This is the first time that Fox News has included Romney, Huckabee and Carson in its 2016 national GOP primary ballot test.
"Rumors about Romney running again are likely to get a further boost with these numbers," says Republican pollster Daron Shaw, who conducts the Fox News poll with Democratic pollster Chris Anderson.
Shaw adds, "With Romney and Bush running one and two among GOPers, you wonder if John McCain or Bob Dole want to get in on the action."
Voters who consider themselves part of the Tea Party movement are most likely to back Paul (13 percent), Cruz (12 percent), Romney (11 percent) and Carson (10 percent).
The top choices among white evangelical Christians include Romney (14 percent), Paul (10 percent), Bush (9 percent) and Carson (9 percent).
On the Democratic side, Clinton is still 50 points ahead of her nearest rival -- even though support for her is down somewhat from previous polls. Clinton receives the backing of 62 percent of self-identified Democrats. That’s down from 64 percent in July and a high of 69 percent in April. 
The support Clinton has lost since April appears to be going to Massachusetts Sen. Elizabeth Warren, who captures 12 percent. That’s up from 9 percent in July -- and double the 6 percent she received in April. Vice President Joe Biden comes in close behind at 10 percent. All other possible Democratic candidates tested garner three percent or less. 
"With the field of candidates still growing, the GOP primary holds potential for an extended freewheeling contest,” says Anderson, “while the Democrats continue to track toward an efficient yet boring primary season."
“At the same time,” Anderson adds, “I remember Clinton looking somewhat inevitable eight years ago too.”
Clinton led the Democratic primary pack with 33 percent to Barack Obama’s 12 percent and Al Gore’s 11 percent in a December 2006 Fox News poll. 
Reminder to readers: the Iowa precinct caucuses are (some say “still,” while others say “only”) about a year away. 
The new poll finds that if the 2016 general election “were held today,” Clinton would top Paul by 11 points, Christie by 12 and Kasich by 16. 
Bush is the only GOP candidate tested in the hypothetical matchups to keep Clinton under 50 percent -- and to keep her advantage under double digits. She leads him by just 7 points in a head-to-head matchup (49-42 percent), which makes this the best Bush has performed against Clinton so far. Clinton was up by 13 points in March (51-38 percent).
Independents split their support, 41 percent for Clinton and 38 percent for Bush. 
"One thing about Clinton that stands out is that despite a book, a world tour, numerous controversies and several distinctly different possible opponents, her support hasn't changed much over the past two years -- and doesn't depend much on who the Republican is,” adds Shaw. “Right now, Clinton is the defining feature of the 2016 race." 
People think -- if they were to run -- that Clinton and Bush are more likely to be helped (41 percent) than hurt (30 percent) by being related to previous presidents. Another 16 percent say it’s a mixed bag and 2 percent volunteer that it depends on if they run against each other. 
Bush announced Tuesday that he “will actively explore the possibility of running” for president.
While there’s no gender gap, Democrats (50 percent) are more likely than Republicans (37 percent) and independents (32 percent) to say the Clinton-Bush candidacies would be helped by their family connections. 
What about Clinton’s role in Benghazi? Most people -- 63 percent -- say if she runs it won’t make a difference to their vote that Clinton was the head of the State Department when the U.S. consulate there was attacked and four Americans died. Among those saying it matters, by a 29-6 percent margin they say Benghazi would make them less likely to vote for her. 
Almost all Democrats, fully 86 percent, say the Benghazi attacks won’t matter to their vote if Clinton runs. For independents, 55 percent say it won’t make a difference, while 36 percent say it would make them less likely to support her. 
Among veterans and those currently serving in the military, 56 percent say Benghazi won’t matter, while for 40 percent it would hurt Clinton’s chances of getting their vote. 
The Fox News poll is based on landline and cell phone interviews with 1,043 randomly chosen registered voters nationwide and was conducted under the joint direction of Anderson Robbins Research (D) and Shaw & Company Research (R) from December 7-9, 2014. The full poll has a margin of sampling error of plus or minus three percentage points. The results among Democrats and Republicans have an error of plus or minus five points.

TSA head: Threat from terrorism worse now but US better able to combat it

The outgoing and longest serving head of the Transportation Security Administration says the threat from terrorism is worse now than when he took the job four years ago, but the U.S. is better positioned to combat foreign plots.
"The threat today is unfortunately more expansive than what it was four and a half years ago," John Pistole told Fox News during an interview before he leaves at the end of the month, concluding 31 years of government service, including 27 at the FBI, where he rose to the rank of deputy director.
"...With that being said, we also have better insights into who the potential bombers are," he added.
From Pistole’s unique position at the TSA and FBI, he watched Al Qaeda's strategy evolve from the 9/11 attacks that murdered nearly 3,000 Americans, to the failed underwear bomb plot to bring down a jet on Christmas Day 2009 and the non-metallic explosive devices buried in cargo a year later.
Although Al Qaeda experimented in 2012 with surgically implanted bombs before apparently abandoning the idea as impractical, Pistole suggested they are now focused on devices held close or strapped to the body.
"That is one of things that concerns us, how well do they design, construct and then conceal," he said.
Pistole will become president of his alma mater, Anderson University in Anderson, Indiana, this spring.
Fox News asked Pistole whether the threat to American aviation had diminished since August, when the U.S. launched a bombing campaign against ISIS in Syria and Iraq, and the Al Qaeda-led "Khorasan" group.    
Khorasan contains long-time associates of Usama bin Laden, including Sanafi al-Nasr and Muhsin al-Fadhli, as well as a handful of operatives trained by the Yemeni bomb maker Ibrahim al-Asiri, who specializes in non-metallic bombs that traditional airport screening can miss.
"Without going into details about what that may look like from a classified intelligence perspective, we do remain concerned that there is active plotting going on," Pistole said.
And with new information that the French bomb maker David Drugeon likely survived a U.S. air strike last month, Pistole added, "...there is concern that there are still individuals out there who have not only the ability to do that, but also the intent to use that on a flight to Europe or the US."
The TSA administrator also described classified procedures that track foreign fighters, based on their travel history, before they check in at overseas airports for U.S.-bound flights.
"There are individuals we are concerned about and we are again looking at if they make travel reservations, then they of course receive proper scrutiny," Pistole said.
The continued threat from groups like Khorasan explains why procedures, implemented in July, requiring passengers to turn on their phone and computers at some airports, remain in place. As the holiday travel season begins, TSA officials say they are not expecting big changes at the checkpoints, but if there are changes, they will be driven by new and specific intelligence.
Pistole said the transition from a one-size-fits-all approach after 9/11 to a risk-based strategy -- driven by intelligence -- is one of the TSA workforce's accomplishments.
"I think that's been one of the biggest changes...We're more efficient. Complaints are down. Wait times are down," he said.
Data provided by the TSA showed that over Thanksgiving, more than 12.5 million passengers were screened, a 1.3 percent increase from 2013, with nearly 50 percent of these passengers getting expedited screening.
Nationwide, TSA said 99.6 percent of passengers waited in a line for less than 20 minutes.
Pistole was in Australia days before the hostage situation unfolded in Sydney last weekend, telling Fox it fit the profile of a classic lone wolf attack.  "I am not aware of any intelligence about it as of last week, there was no talk about something like that," he said.
But it’s not that kind of attack that keeps Pistole up at night.
"My greater concern, rather than just a lone wolf, is simultaneous attacks such as you saw on 9/11...with that being said, we also have better insights into who the potential bombers are," he said.

Man who waterboarded 9/11 mastermind slams CIA report on torture

The man who waterboarded Khalid Sheikh Mohammed, the so-called mastermind of the Sept. 11 terror attacks, told Megyn Kelly on Tuesday that the CIA's program of using enhanced interrogation techniques did not amount to torture, despite recent accusations in a Senate-issued report.
"If it was torture, I would be in jail," James Mitchell said on "The Kelly File." "This thing was investigated over and over. I was told by the highest law enforcement agency in the land that we were going to walk right up to the edge of the law, and that all of the things we had included in that list were legal."
Mitchell, a former Air Force psychologist, said in the days following the Sept. 11 attacks, the country was gripped with fear that new attacks were forthcoming and both the public and the U.S. government were desperate to prevent them.
"(The CIA) had ongoing information to suggest that (terrorists) were trying to smuggle nuclear weapons into the U.S.," Mitchell said. "There was all this anthrax stuff going on, there was credible evidence to suggest that there was another wave of attacks coming and we couldn't have it happen."
Mitchell added: "They tried to decapitate us last time, they tried to destroy our civilization. And people were clamoring to do everything and anything they could that was legal, to take it right up to the line and save American lives. Because that's what our government is supposed to do: save American lives."
Mitchell, who said he found waterboarding "repulsive at times" but said he did it out of a duty to protect the U.S., criticized the Senate report, saying it's "easy" in hindsight to second-guess the tactics used after 9/11, more than 13 years after the attacks.
"In my view, the CIA analysts and the CIA targeters are incredible," he said. "To do this, to besmirch them, I think, is beyond the pale."