California bill requiring college students to give consent before sex becomes law

Gov. Jerry Brown announced Sunday that he has signed a bill that makes California the first in the nation to define when "yes means yes" and adopt requirements for colleges to follow when investigating sexual assault reports.
State lawmakers last month approved SB967 by Sen. Kevin de Leon, D-Los Angeles, as states and universities across the U.S. are under pressure to change how they handle rape allegations. Campus sexual assault victims and women's advocacy groups delivered petitions to Brown's office on Sept. 16 urging him to sign the bill.
De Leon has said the legislation will begin a paradigm shift in how college campuses in California prevent and investigate sexual assaults. Rather than using the refrain "no means no," the definition of consent under the bill requires "an affirmative, conscious and voluntary agreement to engage in sexual activity."
"With one in five women on college campuses experiencing sexual assault, it is high time the conversation regarding sexual assault be shifted to one of prevention, justice, and healing," de Leon said in lobbying Brown for his signature.
The legislation says silence or lack of resistance does not constitute consent. Under the bill, someone who is drunk, drugged, unconscious or asleep cannot grant consent.
Lawmakers say consent can be nonverbal, and universities with similar policies have outlined examples as a nod of the head or moving in closer to the person.
Advocates for victims of sexual assault supported the change as one that will provide consistency across campuses and challenge the notion that victims must have resisted assault to have valid complaints.
The bill requires training for faculty reviewing complaints so that victims are not asked inappropriate questions when filing complaints. The bill also requires access to counseling, health care services and other resources.
When lawmakers were considering the bill, critics said it was overreaching and sends universities into murky legal waters. Some Republicans in the Assembly questioned whether statewide legislation is an appropriate venue to define sexual consent between two people.
There was no opposition from Republicans in the state Senate.
Gordon Finley, an adviser to the National Coalition for Men, wrote an editorial asking Brown not to sign the bill. He argued that "this campus rape crusade bill" presumes the guilt of the accused.
SB967 applies to all California post-secondary schools, public and private, that receive state money for student financial aid. The California State University and University of California systems are backing the legislation after adopting similar consent standards this year.
UC President Janet Napolitano recently announced that the system will voluntarily establish an independent advocate to support sexual assault victims on every campus. An advocacy office also is a provision of the federal Survivor Outreach and Support Campus Act proposed by U.S. Sen. Barbara Boxer and Rep. Susan Davis of San Diego, both Democrats.

Top Senate Republican Barrasso warns against lame duck Holder replacement

The simmering bipartisan battle over whether the Senate will try to swiftly replace retiring Attorney General Eric Holder heated up Sunday, with a top Senate Republican saying such a move would show the “desperation” Democrats feel about possibly losing control next month of the upper chamber.
“It does need to wait,” Wyoming Sen. John Barrasso, chairman of the Senate’s Republican Policy Committee, told “Fox News Sunday." “I am opposed to any successor during the lame-duck session.”
Political analysts essentially give Republicans a slightly more than 50 percent chance of winning a net total of six seats on Nov. 4 to take control of the Senate. However, the GOP would not officially take over the chamber until January.
Barrasso said if the Democrat-controlled Senate appoints a President Obama nominee it will mark the first time since the Civil War that an attorney general has been appointed in a so-called “lame duck” session -- the period between when new senators are elected and the other party takes control of the chamber.
Though Republicans are no fans of Holder, Barrasso said any attempt by Senate Majority Leader Harry Reid to swiftly replace him would be the “final act” is his failed leadership of the chamber.
Holder, who resigned on Thursday, is the country’s first black attorney general and is considered an unflinching champion of civil rights in enforcing the nation's laws.
He led the Justice Department since the first days of Obama's presidency and is the fourth-longest serving attorney general in U.S. history.
However, he has faced strong criticism during his tenure -- at times bipartisan -- for a succession of controversies including a failed plan to try terrorism suspects in New York City, the botched gun-running probe along the Southwest border that prompted Republican calls for his resignation, and what was seen as a failure to hold Wall Street accountable for the financial system's near-meltdown.
The Republican-controlled House voted two years ago to make Holder the first sitting Cabinet member to be held in contempt of Congress -- for refusing to turn over documents in the gun-running operation known as Operation Fast and Furious. The administration is still fighting in court to keep the documents confidential.
Barrasso called Holder “a presidential protector and a puppet of the administration.”
“We need an attorney general for the people,” he said.
Independent Maine Sen. Angus King told Fox News that he thought Holder was a “good man” but that he was “bothered” by him failing to go after Wall Street after the crisis.
“Not a single prosecution,” King said.
He also said he hasn’t heard of a potential nominee, and that he wants to see whether Obama puts forward a name and if that person might in fact garner immediate bipartisan support.
“So, I'm going to wait and see,” said King, pointing out members of this Congress are on the payroll until January and have a duty to vote.
On Friday, White House Press Secretary Josh Earnest seemed to call for a quick confirmation, pointing out that Bush administration Defense Secretary Robert Gates was confirmed by Senate Republicans in December 2006, a month after they lost control of the chamber.
White House officials said Obama had not made a final decision on a replacement for Holder.
Some possible candidates that have been mentioned among administration officials include Solicitor General Don Verrilli; Deputy U.S. Attorney General James Cole; former White House Counsel Kathy Ruemmler; Preet Bharara, the U.S. attorney for the Southern District of New York; Jenny Durkan, a former U.S. attorney in Washington state, and Sen. Sheldon Whitehouse, a former Rhode Island attorney general.
Holder also aggressively enforced the Voting Rights Act, addressed drug-sentencing guidelines that led to disparities between white and black convicts, extended legal benefits to same-sex couples and refused to defend a law that allowed states to disregard gay marriages. He oversaw the decision to prosecute terror suspects in U.S. civilian courts instead of at Guantanamo Bay and helped establish a legal rationale for lethal drone strikes on suspects overseas.
Only three other attorneys general in U.S. history have served longer than the 63-year-old Holder: William Wirt in the administrations of James Monroe and John Quincy Adams, Janet Reno in the Bill Clinton administration and Homer Cummings for Franklin Roosevelt.
Holder also is one of the longest-serving of Obama's original Cabinet members. Two others remain: Education Secretary Arne Duncan and Agriculture Secretary Tom Vilsack.

Obama says US 'underestimated' rise of ISIS, admits 'contradictory' Syria policy

President Obama acknowledged Sunday that U.S. intelligence officials "underestimated" the threat posed by the Islamic State and overestimated the Iraqi army’s capacity to defeat the militant group.
The president said in an wide-ranging interview on CBS' “60 Minutes” that the Islamic State militants went "underground" after being squashed in Iraq and regrouped under the cover of the Syrian civil war.
"During the chaos of the Syrian civil war, where essentially you have huge swaths of the country that are completely ungoverned, they were able to reconstitute themselves and take advantage of that chaos," Obama said.
The president said his director of national intelligence, James Clapper, has acknowledged that the U.S. "underestimated what had been taking place in Syria.” He also said it was "absolutely true" that the U.S. overestimated the ability and will of the Iraqi army.
However, Obama also acknowledged that the U.S. is dealing with a conundrum in Syria, as the U.S.-led military campaign against the Islamic State is helping Syrian President Bashar Assad, whom the U.N. has accused of war crimes. 
"I recognize the contradiction in a contradictory land and a contradictory circumstance," Obama said. "We are not going to stabilize Syria under the rule of Assad," whose government has committed "terrible atrocities."
However, Obama called the threat from the Islamic State, also known as ISIS or ISIL, and other terror groups a more "immediate concern that has to be dealt with."
"On the other hand, in terms of immediate threats to the United States, ISIL, Khorasan Group -- those folks could kill Americans," he said. 
The Islamic State group, also known as ISIS or ISIL, has taken control of large sections of Iraq and Syria. The Khorasan Group is a cell of militants that the U.S. says is plotting attacks against the West in cooperation with the Nusra front, Syria's Al Qaeda affiliate.
Both groups have been targeted by U.S. airstrikes in recent days; together they constitute the most significant military opposition to Assad. Obama said his first priority is degrading the extremists who are threatening Iraq and the West.  To defeat them, he acknowledged, would require a competent local ground force, something no analyst predicts will surface any time soon in Syria, despite U.S. plans to arm and train "moderate" rebels.
"Right now, we've got a campaign plan that has a strong chance for success in Iraq," the president said. "Syria is a more challenging situation."
In discussing Iraq, Obama said the U.S. left the country after the war with “a democracy that was intact, a military that was well-equipped and the ability then (for Iraqis) to chart their own course.”
However, Prime Minister Nouri al-Maliki “squandered” that opportunity over roughly five years because he was “much more interested in consolidating his Shia base and very suspicious of the Sunnis and the Kurds, who make up the other two thirds of the country,” the president said.
Obama said military force is necessary to shrink the Islamic State’s capacity, cut off financing and eliminate the flow of foreign fighters. He said political solutions are also needed that accommodate both Sunnis and Shiites, adding that conflicts between the two sects are the biggest cause of conflict throughout the world.
 Earlier Sunday, House Speaker John Boehner questioned Obama's strategy to destroy the Islamic State group. Boehner said on ABC's "This Week" that the U.S. may have "no choice" but to send in American troops if the mix of U.S.-led airstrikes and a ground campaign reliant on Iraqi forces, Kurdish fighters and moderate Syrian rebels fails to achieve that goal.
"These are barbarians. They intend to kill us," Boehner said. "And if we don't destroy them first, we're going to pay the price."
However, Obama again made clear he has no interest in a major U.S. ground presence beyond the 1,600 American advisers and special operations troops he already has ordered to Iraq. When asked if the current conflict was not really a war, Obama said there are clear distinctions between this campaign and the wars in Iraq and Afghanistan.
"We are assisting Iraq in a very real battle that's taking place on their soil, with their troops," the president said. "This is not America against ISIL. This is America leading the international community to assist a country with whom we have a security partnership."
"That's always the case," Obama added. "We are the indispensable nation. We have capacity no one else has. Our military is the best in the history of the world. And when trouble comes up anywhere in the world, they don't call Beijing. They don't call Moscow. They call us."

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Source: Secret probe on Wisconsin conservative groups tied to Walker sparked by prosecutor’s 'hyper partisan' bias

The anonymous source who helped exposed the Milwaukee District Attorney's secret probes on GOP Gov. Scott Walker and his political supporters is purportedly a former employee and self-proclaimed friend of the prosecutor upset over the prosecutor's "hyper-partisan" bias, according to several published accounts.
The source in the so-called "John Doe" probes that have loomed over Wisconsin politics for roughly four years has been identified as Michael Lutz -- who after retiring as a police officer was an unpaid employee in Democratic District Attorney John Chisholm's office and later opened a law practice.
Chisholm revealed in a 2011 conversation that he started the investigation because he wanted to "stop" Walker's successes in reducing a budget shortfall by scaling back collective-bargaining agreements for state employees. And Walker's efforts made Chisholm's wife, a teachers-union boss, weepy, Lutz told a reporter hired by the conservative group America Media Institute, which first published a story Sept. 19.
Milwaukee Journal Sentinel political columnist Dan Bice told FoxNews.com on Wednesday that he also spoke to Lutz, who did not deny he was the key source named in the institute’s story.
"When I heard he was the source, I was interested in his story," said Bice, adding Lutz has been a long-time tipster in the Wisconsin political scene.
The John Doe probe is in fact the second of two related to Walker.
The first started in 2010 and focused on Walker aides and associates when he was Milwaukee County executive.
That probe has been closed, but the work was in large part the starting point for the second, ongoing probe that started in 2012.
The new probe largely centers on the type of political activity being done by the conservative groups and whether that work required them to follow state laws that bar coordination with candidates, requires disclosure of political donations and places limits on what can be collected.
The secret probes purportedly included armed law-enforcement officials conducting pre-dawn searches on the investigation targets.
Under Wisconsin law, third-party political groups are allowed to work together on campaign activity and engage in issue advocacy, but they are barred from coordinating that work with actual candidates.
Prosecutors have said in court filings that Walker and his top aides illegally raised money and coordinated campaign advertising and other activity with Wisconsin Club for Growth, the state Chamber of Commerce and more than two dozen other conservative groups during the failed 2011 and 2012 efforts to recall Walker for his dealings with the union contracts.
Prosecutors argued the groups’ efforts should have made them subject to state campaign finance laws.
Also on Wednesday, a federal court overturned a lower court's ruling halting the second investigation.
The ruling by the 7th U.S. Circuit Court of Appeals in Chicago is a defeat for Walker and conservatives who argued the investigation is a partisan witch hunt designed to chill political speech.
Walker is running for re-election this fall against Democrat Mary Burke and is considering a 2016 run for president.
The investigation has purportedly hurt fundraising efforts for Walker’s re-election bid, with top target Wisconsin Club for Growth neither raising nor spending a single dollar on the race.
The race is essentially deadlocked with about six weeks remaining, according to an averaging of polls by the nonpartisan website RealClearPolitics.
A source told FoxNew.com on Thursday that the investigations have at least achieved their goal of putting a chilling effect of political speech, calling the effort “pure genius.”
He also confirmed that Lutz was the source for the story, which now appears to be part of a counter effort to discredit Chisholm and thwart a potential 2016 re-election effort.
Lutz went to law school after retiring and works in private practice. He purportedly worked for about a year in Chisholm’s office as an unpaid employee while in law school.
Even with the ruling Wednesday, the investigation won't be able to resume immediately.
A state judge overseeing the probe also effectively stopped it in January when he issued a ruling quashing requested subpoenas, saying he did not believe anything illegal had transpired. That ruling is under appeal.
The 7th Circuit said that state courts are the proper venue to resolve legal issues with the case.
In February, Wisconsin Club for Growth and Director Eric O'Keefe filed a federal civil rights lawsuit to halt the latest investigation, which is called a John Doe probe because it is being done in secret.
They argued it was a violation of their First Amendment rights and an attempt to criminalize political speech.
No one has been charged in the latest probe, and prosecutors have said Walker is not a target.
A federal judge in May sided with the group and issued a temporary injunction blocking the investigation. The appeals court overturned that ruling, calling it an abuse of discretion.
The Wisconsin Club for Growth argues that coordinating with candidates on issue advocacy -- communications that don't expressly ask a voter to elect or defeat a candidate -- is legal and not subject to regulation by the government.

Obama decries 'gulf of mistrust' between minorities, police

This guy stirs up more problems than he solves!

WASHINGTON –  President Barack Obama on Saturday said the widespread mistrust of law enforcement that was exposed by the fatal police shooting of an unarmed black man in Ferguson, Mo. is corroding America, not just its black communities, and that the wariness flows from significant racial disparities in the administration of justice.
Speaking at the Congressional Black Caucus Foundation's annual awards dinner, Obama said these suspicions only harm communities that need law enforcement the most.
"It makes folks who are victimized by crime and need strong policing reluctant to go to the police because they may not trust them," he said. "And the worst part of it is it scars the hearts of our children," leading some youngsters to unnecessarily fear people who do not look like them while leading others to constantly feel under suspicion no matter what they do.
"That is not the society we want," Obama said. "It's not the society that our children deserve."
The fatal shooting of 18-year-old Michael Brown in August sparked days of violent protests and racial unrest in predominantly black Ferguson. The police officer who shot Brown was white.
Obama addressed the matter carefully but firmly, saying the young man's death and the raw emotion that sprang from it had reawakened the country to the fact that "a gulf of mistrust" exists between local residents and law enforcement in too many communities.
"Too many young men of color feel targeted by law enforcement -- guilty of walking while black or driving while black, judged by stereotypes that fuel fear and resentment and hopelessness," he said.
He said significant racial disparities remain in the enforcement of law, from drug sentencing to applying the death penalty, and that a majority of Americans think the justice system treats people of different races unequally.
Obama opened his remarks by singling out Attorney General Eric Holder for praise. Obama announced Holder's resignation days earlier after nearly six years as the nation's chief law enforcement officer. Holder, who attended the dinner and received a standing ovation, will stay on the job until the Senate confirms a successor.
Holder visited Ferguson after the shooting to help ease tensions, and the Justice Department is investigating whether Brown's civil rights were violated.
Obama also announced that he is expanding My Brother's Keeper, a public-private partnership he launched earlier this year to help make young minority men's lives better. He said a new "community challenge" will task every community to put in place strategies to ensure that young people can succeed from the cradle through college and career.
Businesses, foundations and community groups help coordinate investments to develop or support programs geared toward young men of color. Educators and professional athletes also participate.
Obama said government cannot play the primary role in the lives of children but it "can bring folks together" to make a difference for the young.
Helping girls of color deal with inequality is also important, he said, and part of the continuing mission of the White House Council on Women and Girls, an effort that has involved his wife, Michelle, mother of their two teenage daughters.
"African American girls are more likely than their white peers also to be suspended, incarcerated, physically harassed," Obama said. "Black women struggle every day with biases that perpetuate oppressive standards for how they're supposed to look and how they're supposed to act. Too often, they're either left under the hard light of scrutiny, or cloaked in a kind of invisibility. "

Ferguson police officer wounded in shooting, authorities hunt 2 suspects

Authorities said a Ferguson (Mo.) police officer was shot and wounded while on patrol Saturday evening.
St. Louis County Police Sgt. Brian Schellman said the shooting took place at approximately 9:30 p.m. local time. KTVI reported that the officer was shot in the arm and sustained non-life-threatening injuries. At least a dozen law enforcement agencies responded to the shooting, and police helicopters canvassed the area, but no arrests were immediately reported.
St. Louis County Police Chief Jon Belmar told reporters early Sunday that the officer was shot after approaching two men at the Ferguson Community Center, which was closed at the time. As the officer approached, the men ran away. When the officer gave chase, "one of the men turned and shot," Belmar said.
Belmar did not give further details about the officer's condition. He said the officer returned fire but said police have "no indication" that either suspect was shot.
The shooting comes amid a fresh flare-up of unrest following the deadly August 9 shooting of a black teenager, Michael Brown, by a white police officer, Darren Wilson. The shooting sparked days of violent protests and racial unrest in the predominantly black community. Some residents and civil rights activists have said responding police officers were overly aggressive, noting their use of tear gas and surplus military vehicles and gear. 
Belmar said he did not think the officer's shooting was related to two separate protests about Michael Brown's shooting that were going on Saturday night around the same time. Saturday's shooting occurred approximately two miles from where Brown died near his grandmother's apartment building. KTVI reported that dozens of protesters initially showed up at the scene in the mistaken belief that the officer had shot someone. 
By midnight, approximately two dozen officers stood near a group of about 100 protesters who mingled on a street corner across from the police department, occasionally shouting, "No justice; no peace."
On Thursday night, Ferguson Police Chief Tom Jackson attempted to march with protesters hours after releasing a videotaped apology to Brown's family. In it, Jackson acknowledged Brown's body should have been removed from the street much sooner than the four hours it was there as police collected evidence.
He insisted officers meant no disrespect to the community or the family. "I'm truly sorry for the loss of your son," Jackson said.
Witnesses said Jackson agreed to join marchers Thursday but failed to tell officers monitoring his safety to stand down. They said that led to some officers forcing their way into the gathering, then pushing and shoving marchers. Several protesters were arrested.
"If (the officers) had just not come in, everything would be all right," protester Steven Wash, 26, of Ferguson, said Friday.
"Jackson decided to come out and broker some peace and pretty much asked what he could do to build a new level of trust, and police continued to come, come, come," Wade added. "The olive branch he tried to extend was great, and it showed he wasn't a robot. But police forced him out like he was a diplomat in a war zone."
The unrest Thursday occurred two days after many in the St. Louis suburb complained police did little to douse a fire that destroyed a makeshift Brown memorial. 
The Justice Department, which is investigating whether Brown's civil rights were violated, is conducting a broader probe into Ferguson police. On Friday, it urged Jackson to ban his officers from wearing bracelets supporting Wilson while on duty and from covering up their name plates with black tape.
Ferguson residents complained about the bracelets, which are black with "I am Darren Wilson" in white lettering, at a meeting with federal officials this week.
Brown's shooting has also focused attention on the lack of diversity in many police departments across the country. In Ferguson, of 53 officers in a community that is two-thirds black, only three are African-American.
Also early Sunday, not far from Ferguson, an off-duty St. Louis city police officer was injured on Interstate 70 when three suspects fired shots into his personal vehicle, a police spokeswoman said.
Schron Jackson said the officer, who has nearly 20 years of experience, was being treated at a hospital for a minor injury to his arm from broken glass. She said there is no reason to believe the two shootings were related.

More than 30 people believed dead at Japanese volcano

The bodies of more than 30 people believed to be dead have reportedly been discovered near the summit of an erupting volcano in central Japan. 
A police official from Nagano prefecture told the Associated Press that the victims were not breathing and their hearts had stopped, which is the the customary way for Japanese authorities to describe a body until police doctors can examine it. The official added that the exact location where the bodies were found and the identities of the victims were not immediately known. He spoke on condition of anonymity because he wasn't authorized to speak publicly.
Nagano prefecture posted on its website that about 30 people had "heart and lung failure."  Keita Ushimaru, an official in nearby Kiso town, said that Nagano crisis management officials had informed local authorities that at least four people with heart and lung failure were being brought down to the town, and that there were others in the same condition. The journey was expected to take about three hours.
Mount Ontake in central Japan erupted shortly before noon local time Saturday, spewing large white plumes of gas and ash high into the sky and blanketing the surrounding area in ash. About 250 people were initially trapped on the slopes, but most made their way down by Saturday night.
Volcanic eruptions without warning are rare in Japan, which monitors seismic activity closely. Typically, any volcanic mountains that show signs of activity are closed to hikers, but that did not appear to have happened this time. The BBC reported that Mount Ontake is a popular place to view autumn foliage. 
Earlier Sunday, military helicopters had plucked seven people from the mountainside Sunday. Japan's Fire and Disaster Management Agency said that 45 people had been reported missing and at least 34 climbers had been injured. The tally was lower than reported by local officials earlier, but the disaster agency warned that the numbers could still change.
Japanese television footage showed a soldier descending from a helicopter to an ash-covered slope, helping latch on a man and then the two of them being pulled up.
Defense Ministry official Toshihiko Muraki said that all seven people rescued Sunday were conscious and could walk, though he did not have specific details of their conditions. 
The Self-Defense Force, as Japan's military is called, has deployed seven helicopters and 250 troops. Police and fire departments are also taking part in the rescue effort.
An estimated 40 people were stranded at mountain lodges overnight, many injured and unable or unwilling to risk descending the 10,062-foot mountain on their own. Rescue workers are also trying to reach the area on foot.
A large plume, a mixture of white and gray, continued to rise from the ash-covered summit of the volcano Sunday morning, visible from the nearby village of Otaki. A convoy of red fire trucks, sirens blaring, and rescue workers on foot headed past barriers into the restricted zone around the mountain.
Shinichi Shimohara, who works at a shrine at the foot of the mountain, said he was on his way up Saturday morning when he heard a loud noise that sounded like strong winds followed by "thunder" as the volcano erupted.
"For a while I heard thunder pounding a number of times," he said. "Soon after, some climbers started descending. They were all covered with ash, completely white. I thought to myself, this must be really serious."
Mount Ontake, about 130 miles west of Tokyo, sits on the border of Nagano and Gifu prefectures, on the main Japanese island of Honshu. The volcano's last major eruption was in 1979.