Source: American, US Airways merger approved

Updated 8:13 PM ET

(MoneyWatch) A source told CBS News that the boards of American Airlines and US Airways (LCC) have approved a merger that would create the world's biggest carrier.

Under the deal, which is expected to be unveiled Thursday if the timeline isn't moved up sooner and there are no last-minute snags, the combined airline would keep the "American" name. It would still require federal approval, although that is virtually ensured. US Air CEO Doug Parker is expected to lead the combined company.

A merger of US Air and American would surpass a 2010 tie-up between United Airlines (UAL) and Continental and a 2008 deal joining Delta (DAL) and Northwest. The merged American would be the largest carrier and sport a market valuation of roughly $10 billion.

Although airlines tout such consolidation as a way to cut costs and expand service amid intense competition, whether industry mergers raise fares is an open question. Many analysts say yes because reduced competition in any business often results in higher prices. One study found that ticket prices went up more than 20 percent between Detroit and Atlanta after Delta bought Northwest. Fares went up more than 30 percent on routes between Chicago and Houston, as well as Newark to San Francisco, after the United-Continental deal.

In seeking to run more efficiently, merging airlines also often cut capacity and eliminate routes. 

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American close to merger with U.S. Airways

Other analysts are more optimistic about the potential benefits to travelers. They say the three largest U.S. airlines still must compete with discount carriers such as Southwest (LUV), which has flourished for years by offering low-cost flights and no-frills service.

The consolidation trend is largely blamed on the price of fuel. Oil now costs so much more per barrel than it did 10 years ago that one analyst says the margin of profit on many flights has shrunk to the value of a single seat. That means an airline can lose money if it flies with one single empty middle seat. The days of elbow room are over.

American Airlines has been operating under court supervision since declaring bankruptcy in November 2011.

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Dorner Not IDed, But Manhunt Considered Over

Though they have not yet identified burned remains found at the scene of Tuesday's fiery, armed standoff, San Bernardino, Calif., officials consider the manhunt over for Christopher Dorner, the fugitive ex-cop accused of going on a killing spree.

"The events that occurred yesterday in the Big Bear area brought to close an extensive manhunt," San Bernardino County Sheriff John McMahon told reporters this evening.

"I cannot absolutely, positively confirm it was him," he added.

However, he noted the physical description of the suspect authorities pursued to a cabin at the standoff scene, as well as the suspect's behavior during the chase and standoff, matched Dorner, 33.

The charred remains of the body believed to be Dorner were removed from the cabin high in the San Bernardino Mountains near Big Bear, Calif., the apparent site of Dorner's last stand. Cornered inside the mountain cabin Tuesday, the suspect shot at cops, killing one deputy and wounding another, before the building was consumed by flames.

"We did not intentionally burn down that cabin to get Mr. Dorner out," McMahon said tonight, though he noted pyrotechnic canisters known as "burners" were fired into the cabin during a tear gas assault in an effort to flush out Dorner. The canisters generate high temperatures, he added.

The deputies wounded in the firefight were airlifted to a nearby hospital, where one died, police said.

Christopher Dorner Believed Dead After Shootout with Police Watch Video

Carjacking Victim Says Christopher Dorner Was Dressed for Damage Watch Video

Christopher Dorner Manhunt: Inside the Shootout Watch Video

The deceased deputy was identified tonight as Det. Jeremiah MacKay, 35, a 15-year veteran and the father of two children -- a daughter, 7, and son, 4 months old.

"Our department is grieving from this event," McMahon said. "It is a terrible deal for all of us."

The Associated Press quoted MacKay on the Dorner dragnet Tuesday, noting that he had been on patrol since 5 a.m. Saturday.

"This one you just never know if the guy's going to pop out, or where he's going to pop out," MacKay said. "We're hoping this comes to a close without more casualties. The best thing would be for him to give up."

The wounded deputy, identified as Alex Collins, was undergoing multiple surgeries for his wounds at a hospital, McMahon said, but was expected to make a full recovery.

Before the final standoff, Dorner was apparently holed up in a snow-covered cabin in the California mountains just steps from where police had set up a command post and held press conferences during a five-day manhunt.

The manhunt for Dorner, one of the biggest in recent memory, led police to follow clues across the West and into Mexico, but it ended just miles from where Dorner's trail went cold last week.

Residents of the area were relieved today that after a week of heightened police presence and fear that Dorner was likely dead.

"I'm glad no one else can get hurt and they caught him. I'm happy they caught the bad guy," said Ashley King, a waitress in the nearby town of Angelus Oaks, Calif.

Hundreds of cops scoured the mountains near Big Bear, a resort area in Southern California, since last Thursday using bloodhounds and thermal-imaging technology mounted to helicopters, in the search for Dorner. The former police officer and Navy marksman was suspected to be the person who killed a cop and cop's daughter and issued a "manifesto" declaring he was bent on revenge and pledging to kill dozens of LAPD cops and their family members.

But it now appears that Dorner never left the area, and may have hid out in an unoccupied cabin just steps from where cops had set up a command center.

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Iran suggests progress, but no deal, in U.N. atom talks

DUBAI (Reuters) - Iran indicated that some progress was made in talks with the U.N. nuclear watchdog on Wednesday, but that the two sides again failed to finalize an elusive framework deal over the Islamic state's disputed atomic activity.

Iran's ambassador to the International Atomic Energy Agency (IAEA), Ali Asghar Soltanieh, said a new meeting would be held, without giving a date. There was no immediate comment from the IAEA about the one-day meeting in Tehran.

The IAEA had hoped to bridge persistent differences with Iran preventing the U.N. agency from restarting a long-stalled investigation into suspected nuclear weapons research by Tehran. Iran says the allegations are forged and baseless.

The apparent absence of a breakthrough deal in Wednesday's discussions in the Iranian capital will come as no surprise for Western diplomats, who have accused Iran of stonewalling the IAEA for years, a charge Tehran rejects.

World powers were watching the IAEA-Iran talks for signs that Tehran may finally be ready to start addressing their concerns over its nuclear program, which Tehran says is peaceful but the West fears is aimed at developing weapons.

Soltanieh said Iran and the IAEA had agreed on "some points" in the text of a planned framework agreement on how the IAEA should carry out its investigation, without giving details.

There was no immediate comment from the IAEA, which has been trying for more than a year to nail down such an accord giving it access to officials, documents and sites it says it needs for its inquiry in Iran.

"In addition to removing some differences and agreeing on some points in the text ... the two sides decided to review and exchange views about the new proposals that were given in this meeting, in the next meeting," Soltanieh said, according to Fars news agency.

AGREEMENT "NEAR" - STATE TV

Press TV, Iran's English-language state broadcaster, cited Soltanieh as saying that the remaining differences would be discussed in the next Iran-IAEA meeting. "Iran, IAEA near agreement on structured framework," it said in a headline.

The IAEA's immediate priority is to visit the Parchin military base southeast of Tehran, where it suspects explosives tests relevant to nuclear weapons may have taken place, perhaps a decade ago, an accusation Tehran denies.

The United States late last year set a March deadline for Iran to start cooperating in substance with the IAEA's investigation, warning Tehran that it might otherwise be referred to the U.N. Security Council.

Iran was first reported to the U.N. Security Council over its nuclear program by the IAEA's 35-nation board in 2006, and was then punished with U.N. sanctions.

The Islamic Republic denies Western allegations that its nuclear energy program is geared to developing the capability to produce atomic bombs. Iran says it is stockpiling enriched uranium only for civilian energy purposes.

On February 26, Iran and the six world powers are due, after a break of eight months to resume separate, broader negotiations in Kazakhstan aimed at finding a diplomatic settlement to the decade-old dispute and avert the threat of a new war in the Middle East.

The stakes are high: Israel, assumed to be the Middle East's only nuclear-armed power, has strongly hinted that it might take military action to prevent its foe acquiring weapons of mass destruction.

The six powers - the United States, Russia, China, France, Britain and Germany - want Iran to curb uranium enrichment and cooperate fully with the IAEA investigation.

Iran wants them to recognize what it sees as its right to refine uranium for peaceful purposes, and an easing of sanctions, which are hurting its oil-dependent economy.

(Additional reporting by Zahra Hosseinian in Zurich and Fredrik Dahl in Vienna; Editing by Michael Roddy)

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Papal 'cohabitation' poses unique Vatican challenge

VATICAN CITY: The Roman Catholic Church faces a unique challenge starting next month when a living former pope begins a "cohabitation" with his successor, both residing in the world's tiniest sovereign state, Vatican City.

The Vatican insists that the German pope, who stunned the world by announcing that he will retire on February 28, wants to keep a low profile in retirement.

"He will live at the Vatican in total discretion," Vatican spokesman Federico Lombardi said Wednesday. "His presence will in no way be an impediment, interference or a problem."

Nevertheless, Lombardi said the octogenarian's presence would be felt and "appreciated", and did not rule out an advisory role for the future pensioner, whose title has yet to be determined but may be Bishop of Rome Emeritus.

"If his successor wants advice from him he will be totally free to provide it... (but) this would in no way be required" of the former pope, Lombardi said.

Others in the Vatican are more nervous about the unprecedented situation.

Rino Fisichella, head of the Vatican department for the new evangelisation, said the former pope may eventually have to live elsewhere.

The Vatican on Wednesday denied an Internet rumour that the pope would take up permanent residence in the Abbey of Monte Cassino -- a famous monastery that was destroyed in World War II and rebuilt.

The cerebral former theology professor, who will turn 86 in April, is a prolific writer. He is currently completing a work on faith that started out as an encyclical but will have to be published as a book given Benedict's imminent abdication.

He is also expected to spend more time with his beloved cats and playing Beethoven and Mozart compositions on his piano.

An early signal of Benedict's intention to go quietly is his plan to leave the Vatican the day he steps aside, slipping away to the summer papal residence of Castel Gondolfo outside Rome.

The Vatican has been unable to say how long he will stay there, but has stressed he will not have any role in the Conclave of Cardinals that is to elect his successor in the third week of March -- in time for Easter at the end of the month.

His absence will allow workers to prepare the papal apartments in the Apostolic Palace for the new pontiff -- and complete renovations of the living quarters for the soon-to-be ex-pope in a former nunnery at the Vatican.

Benedict's choice not to return to his native Bavaria should surprise no one given that he has now lived in Rome for nearly four decades.

The little-known Mater Ecclesiae convent where he will reside was established by the pope's predecessor John Paul II to house cloistered nuns.

Their departure last November, two years earlier than expected, raised few eyebrows at the time but is now cited as one of a series of clues that presaged the pope's shock announcement, according to astute Vatican watchers.

The disused convent is an oasis of calm with its own gardens producing rare roses -- one of them named after John Paul II -- as well as vegetables and citrus fruit.

The peppers, tomatoes, courgettes and cabbages grown in the vegetable garden traditionally supply the papal kitchen.

Spread over three floors, the modern complex has 12 monastic cells upstairs, while the ground floor houses a kitchen, living room, library and chapel.

The cells are sparsely furnished: the only decorations to be seen are wooden crosses and a few paintings depicting scenes from religious life, according to the Vatican.

In retirement, Benedict is to revert to his birth name Joseph Ratzinger -- but canon law experts are looking into whether he can reclaim his status as a cardinal, or whether the new pope can make him a cardinal once again.

Asked if the pope would receive a pension, Lombardi hesitated but said the pope would not go hungry.

"We will ensure he can live a dignified existence," Lombardi said.

Some traditions usually observed at the death of a pope will be observed, notably the destruction of the Fisherman's Ring used to place the papal seal on official Church documents.

"It's an unprecedented situation, we'll see how it goes," Lombardi said.

-AFP/gn

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Hackers can easily breach Emergency Alert Systems

Hackers broke into several television stations' Emergency Alert Systems this week and broadcast that zombies were "rising from their graves" and "attacking the living."

While a comical hoax, security consultancy firm IOActive warns that this type of behavior is dangerous and not that hard for hackers to do, according to Computerworld. This week it's zombies, but next time it could be something that might make people really panic, such as an anthrax or terrorist attack.

IOActive says that devices used by TV and radio stations to air emergency alerts have critical vulnerabilities that make them susceptible to cyberattacks. If these devices are breached, hackers could feasibly broadcast anything they like to millions of viewers and listeners.

"We found some devices directly connected to the Internet and we think that it's possible that hackers are currently exploiting some of these vulnerabilities or some other flaws," chief technology officer of IOActive Cesar Cerrudo told Computerworld.

Cerrudo says that at least two types of Emergency Alert System devices are especially vulnerable to attacks. "We contacted CERT [U.S. Computer Emergency Readiness Team] almost a month ago and CERT is coordinating with the vendor to get the issues fixed," he said.

The hacker that got into the television stations' systems for the zombie hoax reportedly used a "back door" attack.

"It has been determined that a 'back door' attack allowed the hacker to access the security of the EAS equipment," station manager for ABC 10, one of the stations affected, Cynthia Thompson wrote in a blog post. "The nature of the message Monday night was not necessarily dangerous, but the fact that the system was vulnerable to outside intrusion is a danger."

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Afghan youth orchestra hopes to bring peace through music

(CBS News) WASHINGTON -- New York's Carnegie Hall has hosted some of the greatest musicians in history. The group performing Tuesday night is perhaps the most unlikely ever to take the main stage. CBS News caught up with them when they performed in Washington.

Milad Yousufi

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CBS News

Milad Yousufi grew up in war-torn Afghanistan, and though he didn't have a piano, he did have an imagination.

"I was drawing piano on the paper, and then I was playing it," Milad says.

There was no access to a piano, because the Taliban, who controlled Afghanistan for five years, banned all non-religious music, saying it was "un-Islamic."

"If they knew that you were listening to the music, probably they would kill you, because they did not like music," Milad says.

Today, the Taliban is out of power, and 18-year-old Milad is making up for lost time. He's joined Afghanistan's first youth orchestra, which, thanks to American funding, is on tour in the U.S.

CBS News met the performers as they practiced with the Maryland Youth Orchestra.

Milad says playing with American students is "wonderful."

"I learn from everyone, so I have 100 teachers, perhaps, per day," he says.

Afghan woman challenges convention through rap
Once scarred by Taliban, Afghan province makes strides
U.S. military charity reaches out to Afghans in need

The orchestra is the brain child of Ahmed Sarmast, who fled Afghanistan during Taliban rule. He returned in 2008 with a mission of reviving the arts by opening up a music school.

Ahmed Sarmast

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CBS News

"It's impossible to keep culture alive where you do not have access to music," Sarmast says. "The power of music is so important for the healing of the people."

His students are between the ages of 10 and 21. Half are orphans or street kids. And in a country where women typically have few opportunities, they make up one-third of the music school.

"We can play your music and you can play our music, and we can speak in a common language of humanity -- and that is the language of music," Sarmast says.

On this night, that language resonated throughout Washington's famed Kennedy Center -- 48 musicians playing Vivaldi and longing for their own season of change, an Afghanistan without war.

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State of the Union: Obama Pushes Job Creation

Feb 12, 2013 5:40pm

Tonight President Obama will gives his annual assessment to the nation of the State of the Union at 9 p.m., followed by a Republican response from Sen. Marco Rubio, R-Fla., and Tea Party response from Sen. Rand Paul, R-Ky. The president has said he will focus on the economy, and there are seven things we’re pretty certain he will say.

Refresh here for updates and fact checks throughout the night.

Tune in to ABCNews.com for livestreaming coverage of the 2013 State of the Union Address. ABC State of the Union coverage starts at 8:50 p.m.

All times are in Eastern Standard Time.

9:55 p.m. – American Troops in Afghanistan

President Obama announced tonight that he will withdraw another 34,000 troops from Afghanistan.

Yesterday, ABC’s Jon Karl predicted that announcement and reported a U.S. official had confirmed that the White House discussion centered on leaving fewer than 10,000 troops behind in Afghanistan after 2014 and then phasing them down gradually the next few years.

Read more from Jon Karl here.

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9:53 p.m. – What Would It Mean to Increase the Minimum Wage?

ABC’s Shushannah Walshe and Sarah Parnass report:

President Obama called for an increase of the federal minimum wage in his address tonight from $7.25 an hour to $9.00 an hour by 2015. It’s the first time as president Obama has proposed raising the minimum wage, but as a candidate in 2008 he promised to raise it to $9.50 by 2011. The last time it was raised was in 2009 when it increased from $6.55 to $7.25 an hour where it has stayed since.

It was the last step of a three part increase approved by Congress in 2007 and it translates to $15,080 a year for a full time worker. Before 2007, the minimum wage remained at $5.15 per hour for ten years. There have been calls consistently for the minimum wage to be raised and currently there are campaigns in New York, Maryland, Connecticut, New Mexico amongst others to lobby at the state level for an increase in the state minimum wage.

Washington is the only state with a minimum wage of $9 or more. Seven other states and the District of Columbia have a minimum wage of $8 or more. So for most states it would mean at least a $1 increase per hour for all workers at the lowest level of the pay scale.

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9:49 p.m. – Obama Urges House to Pass Violence Against Women Act

In his address, President Obama praised Vice President Joe Biden for his role in putting together the original Violence Against Woman Act and urged the House to pass the bill.

That legislation was approved in the Senate earlier today.

Univision’s Emily DeRuy reports on why this act – once considered relatively uncontroversial – is by no means guaranteed to pass. Read more from DeRuy here.

9:45 p.m. – Obama Wants Pre-K for All

ABC’s Shushannah Walshe reports:

Obama called for a new program to support state efforts to increase access for all four-year-olds to quality preschool education. The National Institute for Early Education Research’s most recent report in 2011 on the State of Preschool said funding for pre-K “decreased by almost $60 million in 2010-2011 when adjusted for inflation, despite the use of $127 million in funds from the American Recovery and Reinvestment Act (ARRA).”

The report said it was the “second year of decline” and “in some states, the declines in 2010-2011 have been compounded by cuts in 2011-2012—and further cuts loom for 2012-2013. This threatens to undo much of the progress some states have made.”

The report says these cuts compounded with demand for high-quality pre-K means “the nation is experiencing a crisis in quality.”

While 28 percent of 4-year-olds were enrolled in early childhood education programs in 2011, up from 27 percent in 2010 average state spending per child enrolled was $4,151 in 2011, a more than $700 drop from 2002, the report states.

Opponents of universal pre-K see it as just another example of wasteful government spending while the national deficit continues to swell.

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9:40 p.m. – Obama Repeats Infrastructure Pitch

ABC’s Sarah Parnass reports:

If it feels like you’ve heard Obama’s call for infrastructure jobs before, that’s probably because you have.

Tonight, President Obama proposed a program he called “Fix-It-First” “to put people to work as soon as possible on our most urgent repairs, like the nearly 70,000 structurally deficient bridges across the country.”

“And to make sure taxpayers don’t shoulder the whole burden, I’m also proposing a Partnership to Rebuild America that attracts private capital to upgrade what our businesses need most: modern ports to move our goods; modern pipelines to withstand a storm; modern schools worthy of our children,” Obama said. “Let’s prove that there is no better place to do business than the United States of America. And let’s start right away.”

In September of 2011, Obama told a crowd in Detroit, Mich. there were roads and bridges in the U.S. “that need rebuilding.”

“We’ve got private companies with the equipment and the manpower to do the building,” Obama said that Labor Day. “We’ve got more than 1 million unemployed construction workers ready to get dirty right now.”

Even then it was a tired refrain.

At that time ABC’s Devin Dwyer reported the president first presented a similar plan for jobs in infrastructure in 2010.

Read more on that $50-billion proposal here.

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9:36 p.m. – Palin Punts

While President Obama discussed his plans for wind energy and slowing climate change, former GOP vice presidential nominee Sarah Palin asked his supporters if they had “#OBuyersRemorse?”

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9:33 p.m. – A Lack of Enthusiasm for SOTU

ABC’s Chris Good reports:

Not everyone likes State of the Union addresses. Count newly minted GOP Sen. Jeff Flake, R-Ariz., among the less enthused.

“I don’t like them when Republicans give them,” the former congressman told ABC on his way into the chamber.

Asked how many times he expected to clap tonight, Flake wouldn’t say.

“The first time I attended one with President Bush, [former GOP congressman and current Indiana Gov.] Mike Pence and I were sitting next to each other, and [Bush] was talking about No Child Left Behind or something, and he leaned over and said, ‘Just cause I’m a-clappin for it doesn’t mean I’m a-votin for it,’” Flake recounted.

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9:29 p.m. – Obama Fights Back on Budget

“Deficit reduction alone is not an economic plan,” President Obama said tonight shortly before 9:30 p.m.

In the past few weeks, conservatives have been urging the president to put forward a plan for a balanced budget.

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9:28 p.m. – Secretary of State ‘Having a Great Time’

ABC’s Chris Good reports:

John Kerry seems to be having a grand old time at the State Department.

“It’s great–I’m having a great time,” Kerry said of his new job, pausing _very_ briefly on his way into an ante-room outside the House chamber before President Obama’s State of the Union address.

“I’m having fun,” he said.

Kerry quickly disappeared into the room with his wife.

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9:09 p.m. – Vice President Four-Eyes>

ABC’s Arlette Saenz reports:

Did you notice the new look on VP Joe Biden tonight? The vice president is wearing glasses because he scratched his eye with a contact lens, a White House aide says.

He wore the glasses yesterday at the roundtable on gun safety in Philadelphia. Biden does not wear his glasses at major events very often.

9:05 p.m. – State of the Union: Who’s On the Sidelines?

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8:38 p.m. – Scalia Calls SOTU a ‘Rather Silly Affair’

ABC’s Ariane de Vogue reports Justice Scalia didn’t hold back tonight when asked during a speaking engagement why he hasn’t attended a State of the Union address for some 16 years.

“It has turned into a childish spectacle,” he said. “I do not want to be there to lend dignity to it.”

Scalia said the event “has become a very political event” that is filled with applause lines. He said it’s a “rather silly affair”.

It is not the first time Scalia has expressed his doubts about the State of the Union.

He added he was unaware when he agreed to speak that tonight’s event would conflict with President Obama’s speech.

“I didn’t set this up just to upstage the president,” he joked.

Scalia spoke to an audience at George Washington University in an event sponsored by The Smithsonian Associates. He was interviewed by NPR’s Nina Totenberg.

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8:27 p.m. – 45 Gun Violence Victims to Attend

ABC’s John Parkinson reports Democratic Whip Steny Hoyer is bringing two guests, pushing the total to 45 guests who are victims or related to victims of gun violence.

Congressman Hoyer invited Patricia Bell and Sabrina Worthington, the mother and sister of Maryland State Trooper Wesley Brown, a young officer who was tragically shot and killed while working an off-duty security detail at a restaurant in Forestville, Md., in 2010.

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8:20 p.m. – Sec. Chu to Be Designated Survivor

ABC’s Devin Dwyer reports Energy Secretary Steven Chu has been designated to not attend the State of the Union address at the Capitol this evening, per the White House.

He is the “designated survivor” in the event of a catastrophic occurrence tonight. He will watch the speech from an undisclosed location.

Earlier this month Chu announced that he would step down from his cabinet post and return to California.

He then proved that politicians can take a joke, ABC’s Zach Wolf reports, when he responded to an Onion parody in which he was portrayed as waking up hung over, next to a solar panel.

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7:50 p.m. – What to Watch Tonight

ABC’s Rick Klein ticks off the five things to look out for during Obama’s address tonight.

From gun violence to Obama’s bread and butter; and from marching orders for members of Congress to a sneak-peek of 2016.

Read the rest from Rick here.

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7:37 p.m. – Americans for Prosperity Prez Gives SOTU Pre-buttal

Tim Phillips, president of the Koch Brothers-funded conservative group, Americans For Prosperity, went after Obama this evening for excerpts of his remarks released ahead of the State of the Union address that promised not to increase the deficit.

“Much has changed in the last four years; the President has apparently abandoned his original promise of cutting the deficit in half, and is now promising to not raise the deficit. This is hardly reassuring given the past four years of trillion dollar deficits, and certainly doesn’t even hint at actually reducing runaway government spending,” Phillips said in a statement e-mailed to ABC News. “If we ever hope to get the economy going again, we need serious spending cuts to end these job-killing deficits. Promises to not make the problem worse just aren’t going to cut it.”

A popular Tea Party tweeter also wasn’t buying it.

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7:11 p.m.: – Ted Nugent: ‘Gun Control is What Every Murderer Loves’

(Image Credit: Randy Snyder/Getty Images)

ABC Radio’s Steve Portnoy reports:

Donning a camouflage cowboy hat and jeans, Nugent comes to the Capitol tonight at the invitation of Rep. Steve Stockman, R-Texas.

“[Stockman] knew that the State of the Union would be stacked with pawns, with friends of the president, and a lot of props to further the president’s anti-American agenda,” Nugent told ABC News in Stockman’s office Tuesday, explaining he accepted the invitation “to counter the stacked deck.”

Nugent said he sympathizes with the victims of gun violence who he’ll be joining in the House visitor’s gallery, some of whom earlier Tuesday tearfully urged congress to act.

“Our hearts are broken every time there’s a victim of violent crime in this country,” Nugent said. But, he argues, the overwhelming majority of violent crimes in the US “are committed by violent criminals let out of their cages.”

He excoriated the president and other administration officials for suggesting that they have a solution to the country’s gun violence problem, accusing them of incompetence.

“Somehow the gun-running attorney general and the Chicago ACORN community organizer come from an area where it’s the murder capital. Their dream of a ‘gun-free zone’ already exists, and there’s more murders in those gun-free zones than in any of the gun-infested territories that I hang out in.”

Nugent says further measures to curb the sale of certain types of guns, or high capacity magazines, simply won’t work.

“It is a lie, it is a scam, it is counterproductive. Gun control is what every murderer loves, because then he can murder without anyone shooting back. How dare you want more Chicagoes when you can have more Wacos?”

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6:58 p.m.: – Rubio Records Spanish State of the Union Rebuttal

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6:40 p.m. – The Right Thing to Do

Back in June, ABC’s Jilian Fama took a look at one of President Obama’s favorite phrases: “Do the right thing.”

Doing the right thing seems to be hard for everyone, except President Obama. He always seems to know the “right thing to do.” Indeed, he uses his presidential remarks to instruct the American people on the right thing to do over and over again.

At the NALEO conference June 22, Obama touted that passing health care legislation was the “right thing to do.” He issued a statement claiming “after a century of trying, we finally passed reform that will make health care affordable and available for every American. “Then, as if once weren’t enough,  he joyously declared three times, “That was the right thing to do. That was the right thing to do. That was the right thing to do.”

Read more from Fama here.

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6:30 p.m. – 8 State of the Union Promises Obama Made 

ABC’s Chris Good takes a look at past State of the Union speeches and makes note of whether Obama kept the vows he made to the nation.

1. Cut the Deficit in Half. Obama in 2009: “Yesterday, I held a fiscal summit where I pledged to cut the deficit in half by the end of my first term in office.”

Did it happen? 

No. In 2009, the Office of Management and Budget estimated a deficit of $1.4 trillion. In 2013, it projects a deficit of $900 billion.

Read the rest from Good here.

6:01 p.m. – Rand Paul to Tell Dems and GOP to Stop ‘Protecting Their Sacred Cows’

Sen. Rand Paul, R-Ky., previewed his response to the president’s speech hours before Obama was scheduled to take the podium with two excerpts on Facebook.

His first focused on immigration reform:

“We are the party that embraces hard work and ingenuity, therefore we must be the party that embraces the immigrant who wants to come to America for a better future. We must be the party who sees immigrants as assets, not liabilities. We must be the party that says, ‘If you want to work, if you want to become an American, we welcome you.”

His second attacked his colleagues’ spending habits:

“Both parties have been guilty of spending too much, of protecting their sacred cows, of backroom deals in which everyone up here wins, but every taxpayer loses. It is time for a new bipartisan consensus. It is time Democrats admit that not every dollar spent on domestic programs is sacred. And it is time Republicans realize that military spending is not immune to waste and fraud.”

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5:08 p.m. – Victims of Gun Violence Wear Ribbon with Newtown Colors

(Image Credit: John Parkinson/ABC News)

ABC’s John Parkinson reports at least 40 victims of gun violence plan to attend tonight’s speech in Washington. They won’t likely be sitting together, but they will be distinguishable by the green and silver ribbons handed out to them by Rep. Jim Langevin, D-R.I., staff. Green and silver are the colors of Newtown High School.

Read more about Rep. Langevin’s SOTU plan here.

At 5:45 p.m. Parkinson reports there are three more victims of gun violence now expected to attend, bringing the total number to 43.

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5:01 p.m. - Tune in to ABCNews.com/live at 9 p.m. for the 2013 State of the Union Address.

And in the meantime, brush up on what to watch for below:

Obama Will Hasten Afghanistan Drawdown – Halve American Troops in One Year -

A faster pace than expected –  http://abcn.ws/VdqQTW (Karl and Martinez)

7 Things Obama Always Says at #SOTU -
1.      Education: Let’s improve it!
2.     ’Clean Energy.’
3.     Some Kind of Tax Credit.
4.     Shrink Our ‘Deficit of Trust.’
5.     America, and Specific Americans, Are the Best.
6.     Investment.
7.      China, India, and Germany.

More on that, with citations and explanations from Chris Good – http://abcn.ws/VSE8lU

Jon Karl’s Preview -

In contrast to his inaugural address, President Obama’s State of the Union speech will focus primarily on jobs and the economy, outlining new initiatives on manufacturing, education, clean energy and infrastructure. http://abcn.ws/XHH1rb

Boehner – Obama Lacks ‘The Guts’ to Make Tough Choices -

A feisty House Speaker John Boehner (who will sit behind President Obama tonight) said this morning that he doesn’t believe President Obama “has the guts” to make the tough choices to address the government’s mounting deficit problem. http://abcn.ws/WiwHGI (Jon Karl)

The Audience – Gun Rights Advocates vs. Ted Nugent -

Keep an eye out for gun control advocates wearing green ribbons and, wearing a goatee and maybe a cowboy hat, gun rights advocate Ted Nugent, who will be in attendance – http://bit.ly/XyWRT9

Marco Rubio SOTU Response: Latin Symbol for GOP -

Delivering the GOP response to the president’s State of the Union address tonight, Sen. Marco Rubio, R-Fla., becomes the face of the Republican Party. http://abcn.ws/12JAt0V (Jim Avila)

More on “The Rubio Factor” from Fusion’s Jordan Fabian – http://abcn.ws/X5V5tt

Rubio’s Competition -

Cliff’s Notes on the last 4 Republican responders – Bobby Jindal, Bob McDonnell, Mitch Daniels and Paul Ryan – http://abcn.ws/Y77YTm

The Senate Passed the Violence Against Women Act Today -

Will the House follow suit? – From Fusion’s Emily DeRuy – A bill aimed at preventing domestic violence might sound reasonably uncontroversial, but House Republicans have voiced their opposition to some of the provisions, including one that would allow American Indian authorities to prosecute non-American Indians in tribal courts. The original 1994 act expired in 2011 and a divided Congress failed to reauthorize it last year. Republicans, reeling from a poor performance with women and minorities during the November election, have been more receptive this time around. The bill would grant more than $650 million over five years to states and local governments to provide things like transitional housing and legal assistance to victims. The hang-up is in the details of the bill. http://abcn.ws/Wj2CXw

The State of the Union is…
“…second opportunity for the president to … talk to the 48 or 9 percent of the people that didn’t support him.” http://abcn.ws/VdUGaP (Tom Cole)
“…going to have to focus on public education http://abcn.ws/YcNsRL  (Michelle Rhee)
“…in a difficult state for working class families…” – http://abcn.ws/XHcvh3 (Keith Ellison)
“…still pretty bad.” – http://abcn.ws/TKC42w (Paul Krugman)
“mixed.” http://abcn.ws/XHcvh3

How’s the Speech? ‘We’ll Find Out Tonight,’ Obama Says -

Taking a break from speech prep this afternoon, President Obama sounded confident about his State of the Union address but offered reporters little in the way of a preview. http://abcn.ws/VRbAhO  (Mary Bruce)

#SOTU Pulse Check – ABC Poll Shows Americans Unhappy With System Overall, But Obama’s Policies Beat Out GOP’s -

As politicians ponder the state of the union, the union’s looking back at the state of politics. And it’s none too thrilled. http://abcn.ws/WYGW2Y (Greg Holyk poll)

Obama to Announce 34,000 Troop Afghanistan Drawdown This Year -

President Obama will announce at Tuesday night’s State of the Union address that 34,000 troops – more than half of those currently serving in the combat region – will be back from Afghanistan a year from tonight, according to a source familiar with the speech. http://abcn.ws/VdqQTX

Gun Violence Victims Offer Opposing Views on Solutions in Senate Hearing-

Two people who lost family members to gun violence offered a Senate Judiciary subcommittee opposite positions today on the best way to solve the problem, one saying if she’d been able to carry a gun legally she could have stopped the shooter while the other said more restrictions are needed to keep guns out of criminals’ hands.http://abcn.ws/VSSsuJ (Arlette Saenz)

Proposed Constitutional Amendment Claims Money Is Not Speech -

Corporations, like people, have a constitutional right to spend money on U.S. elections. That’s what the U.S. Supreme Court decided in Citizens United v. Federal Election Commission in 2010.http://abcn.ws/WHaTXb (Jilian Fama)

Changes In the Constitution Experts Would Like to Make -

The Constitution has held the United States government together for more than 200 years with remarkably few changes – there have been only 27 ratified amendments in part because it is such a difficult process.  http://abcn.ws/X52BET  (Alisa Wiersema)

State Of The Union: Guns, Jobs, #SOTU (The Note): The State of the Union is…

… all over the map. http://abcn.ws/Y6EwNc (Michael Falcone)

‘The State of the Union is…’ According to Rep. Tom Cole & Nicolle Wallace -

“The state of the union is the second opportunity for the president to do what he didn’t do in the inaugural address – that’s talk to the 48 or 9 percent of the people that didn’t support him.” http://abcn.ws/12b95Jn (Arlette Saenz)

Paralyzed Rep. to Showcase Gun Victims at State of the Union -

Rep. Jim Langevin smiles in his congressional office as he confidently demonstrates the robotics of his wheelchair, popping upright on the front two wheels of his iBOT 4000 to bring himself eye-to-eye with ABC News’ chief White House correspondent Jonathan Karl. http://abcn.ws/U9JUmN (John Parkinson)

Anti-’Amnesty’ Activists Prepared for Immigration Fight -

The forces that helped to bring down a proposed sweeping overhaul of the U.S. immigration system in 2007 are quietly mobilizing to do the same again. http://abcn.ws/XFKYg9 (Devin Dwyer)

2013 State of the Union: What Has Changed Since 2012?

In these new circumstances his rhetoric is likely to change but the topics won’t.  http://abcn.ws/11DEN2C (Sarah Parnass)

David Walker SOTU OpEd -

The current state of the union is mixed. While we are a great country, the largest economy, and the world’s leading democracy, we face serious challenges that threaten our collective future.  http://abcn.ws/X5299I (David Walker)

Curated by ABC’s Z. Byron Wolf and Sarah Parnass

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North Korean nuclear test draws anger, including from China

SEOUL (Reuters) - North Korea conducted its third nuclear test on Tuesday in defiance of U.N. resolutions, drawing condemnation from around the world, including from its only major ally, China, which summoned the North Korean ambassador to protest.

Pyongyang said the test was an act of self-defense against "U.S. hostility" and threatened stronger steps if necessary.

The test puts pressure on U.S. President Barack Obama on the day of his State of the Union speech and also puts China in a tight spot, since it comes in defiance of Beijing's admonishments to North Korea to avoid escalating tensions.

The U.N. Security Council held an emergency meeting at which its members, including China, "strongly condemned" the test and vowed to start work on appropriate measures in response, the president of the council said.

North Korean leader Kim Jong-un, the third of his line to rule the country, has presided over two long-range rocket launches and a nuclear test during his first year in power, pursuing policies that have propelled his impoverished and malnourished country closer to becoming a nuclear weapons power.

North Korea said the test had "greater explosive force" than those it conducted in 2006 and 2009. Its KCNA news agency said it had used a "miniaturized" and lighter nuclear device, indicating it had again used plutonium, which is suitable for use as a missile warhead.

China, which has shown signs of increasing exasperation with the recent bellicose tone of its reclusive neighbor, summoned the North Korean ambassador in Beijing and protested sternly, the Foreign Ministry said.

Foreign Minister Yang Jiechi said China was "strongly dissatisfied and resolutely opposed" to the test and urged North Korea to "stop any rhetoric or acts that could worsen situations and return to the right course of dialogue and consultation as soon as possible".

Analysts said the test was a major embarrassment to China, which is a permanent member of the Security Council and North Korea's sole major economic and diplomatic ally.

Obama called the test a "highly provocative act" that hurt regional stability.

"The danger posed by North Korea's threatening activities warrants further swift and credible action by the international community. The United States will also continue to take steps necessary to defend ourselves and our allies," Obama said.

U.S. Ambassador to the United Nations Susan Rice said Washington and its allies intended to "augment the sanctions regime" already in place due to Pyongyang's previous atomic tests. North Korea is already one of the most heavily sanctioned states in the world and has few external economic links that can be targeted.

Japanese Prime Minister Shinzo Abe said the test was a "grave threat" that could not be tolerated.

Russian Foreign Minister Sergei Lavrov urged North Korea to abandon its nuclear arms program and return to talks. NATO condemned the test as an "irresponsible act."

South Korea, still technically at war with North Korea after a 1950-53 civil war ended in a mere truce, also denounced the test. Obama spoke to South Korean President Lee Myung-bak on Tuesday and told him the United States "remains steadfast in its defense commitments" to Korea, the White House said.

MAXIMUM RESTRAINT

North Korea's Foreign Ministry said the test was "only the first response we took with maximum restraint".

"If the United States continues to come out with hostility and complicates the situation, we will be forced to take stronger, second and third responses in consecutive steps," it said in a statement carried by the official KCNA news agency.

North Korea - which gave the U.S. State Department advance warning of the test - often threatens the United States and its "puppet", South Korea, with destruction in colorful terms.

North Korea told the U.N. disarmament forum in Geneva that it would never bow to resolutions on its nuclear program and that prospects were "gloomy" for the denuclearization of the divided Korean peninsula because of a "hostile" U.S. policy.

Suzanne DiMaggio, an analyst at the Asia Society in New York, said North Korea had embarrassed China with the test. "China's inability to dissuade North Korea from carrying through with this third nuclear test reveals Beijing's limited influence over Pyongyang's actions in unusually stark terms," she said.

Mark Fitzpatrick of the International Institute for Strategic Studies think tank, said: "The test is hugely insulting to China, which now can be expected to follow through with threats to impose sanctions."

The magnitude of the explosion was roughly twice that of the 2009 test, according to the Vienna-based Comprehensive Nuclear-Test Ban Treaty Organization. The U.S. Geological Survey said that a seismic event measuring 5.1 magnitude had occurred.

U.S. intelligence agencies were analyzing the event and found that North Korea probably conducted an underground nuclear explosion with a yield of "approximately several kilotons", the Office of the Director of National Intelligence said.

Nuclear experts have described Pyongyang's previous two tests as puny by international standards. The yield of the 2006 test has been estimated at less than 1 kiloton (1,000 tons of TNT equivalent) and the second at some 2-7 kilotons, compared with 20 kilotons for a Nagasaki-type bomb.

Initial indications are that the test involved the latest version of a plutonium-based prototype weapon, according to one current and one former U.S. national security official. Both previous tests involved plutonium. If it turns out the test was of a new uranium-based weapon, it would show that North Korea has made more progress on uranium enrichment than previously thought.

The United States uses WC-135 Constant Phoenix "sniffer" aircraft to collect samples to identify nuclear explosions. These would need to be deployed quickly to detect whether highly enriched uranium rather than plutonium was used because uranium decays to undetectable levels within a matter of days. Plutonium takes much longer to decay.

North Korea trumpeted news of the test on its state television channel to patriotic music against a backdrop of its national flag.

"It was confirmed that the nuclear test that was carried out at a high level in a safe and perfect manner using a miniaturized and lighter nuclear device with greater explosive force than previously did not pose any negative impact on the surrounding ecological environment," KCNA said.

North Korea linked the test to its technical prowess in launching a long-range rocket in December, a move that triggered the U.N. sanctions, backed by China, that Pyongyang said prompted it to take Tuesday's action.

The North's ultimate aim, Washington believes, is to design an intercontinental ballistic missile capable of carrying a nuclear warhead that could hit the United States. North Korea says the program is aimed at putting satellites in space.

Despite its three nuclear tests and long-range rocket tests, North Korea is not believed to be close to manufacturing a nuclear missile capable of hitting the United States.

It used plutonium in previous nuclear tests and before Tuesday there had been speculation that it would use highly enriched uranium so as to conserve its plutonium stocks, as testing eats into its limited supply of materials to construct a nuclear bomb.

"VICIOUS CYCLE"

When Kim Jong-un, who is 30, took power after his father's death in December 2011, there were hopes that he would bring reforms and end Kim Jong-il's "military first" policies.

Instead, North Korea, whose economy is smaller than it was 20 years ago and where a third of children are believed to be malnourished, appears to be trapped in a cycle of sanctions followed by further provocations.

"The more North Korea shoots missiles, launches satellites or conducts nuclear tests, the more the U.N. Security Council will impose new and more severe sanctions," said Shen Dingli, a professor at Shanghai's Fudan University. "It is an endless, vicious cycle."

Options for the international community appear to be in short supply. Diplomats at the United Nations said negotiations on new sanctions could take weeks since China is likely to resist tough new measures for fear they could lead to further retaliation by the North Korean leadership.

Beijing has also been concerned that tougher sanctions could further weaken North Korea's economy and prompt a flood of refugees into China.

Tuesday's action appeared to have been timed for the run-up to February 16 anniversary celebrations of Kim Jong-il's birthday, as well as to achieve maximum international attention.

Significantly, the test comes at a time of political transition in China, Japan and South Korea, and as Obama begins his second term. The U.S. president will likely have to tweak his State of the Union address due to be given on Tuesday.

Japanese Prime Minister Shinzo Abe is bedding down a new government and South Korea's new president, Park Geun-hye, is preparing to take office on February 25.

China too is in the midst of a once-in-a-decade leadership transition to Xi Jinping, who takes office in March. Both Abe and Xi are staunch nationalists.

The longer-term game plan from Pyongyang may be to restart international talks aimed at winning food and financial aid. China urged it to return to the stalled "six-party" talks on its nuclear program, hosted by China and including the two Koreas, the United States, Japan and Russia.

Its puny economy and small diplomatic reach mean that North Korea struggles to win attention on the global stage - other than through nuclear tests and attacks on South Korea, the last of which was made in 2010.

"Now the next step for North Korea will be to offer talks... - any form to start up discussion again to bring things to their advantage," predicted Jeung Young-tae, senior research fellow at the Korea Institute for National Unification in Seoul.

(Additional reporting by Jack Kim, Christine Kim and Jumin Park in SEOUL; Linda Sieg in TOKYO; Louis Charbonneau and Michelle Nichols at the UNITED NATIONS; Fredrik Dahl in VIENNA; Michael Martina and Chen Aizhu in BEIJING; Mette Fraende in COPENHAGEN; Adrian Croft, Charlie Dunmore and Justyna Pawlak in BRUSSELS; Mark Hosenball, Paul Eckert, Roberta Rampton, Tabassum Zakaria and Jeff Mason in WASHINGTON; Editing by Nick Macfie, Claudia Parsons and David Brunnstrom)

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Obama vows 'firm' action against N.Korea

WASHINGTON: President Barack Obama on Tuesday vowed to take "firm action" alongside US allies against the "provocations" of North Korea after the communist state carried out its third nuclear test.

"The regime in North Korea must know that they will only achieve security and prosperity by meeting their international obligations," Obama told Congress in his annual State of the Union address.

"Provocations of the sort we saw last night will only isolate them further, as we stand by our allies, strengthen our own missile defense and lead the world in taking firm action in response to these threats," he said.

Obama in his first term had largely given up hope of changing the behavior of North Korea and instead pursued a series of "strategic patience" of waiting for Pyongyang to make the first move.

But North Korea worked its way back into the headlines less than a day before Obama's speech when it carried out its third nuclear test. Obama spoke earlier Tuesday with South Korean President Lee Myung-Bak.

- AFP/sf

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Apple reportedly has 100-person team working on 'iWatch'

Is Apple eyeing an iWatch?

(Credit:
Sarah Tew and Christopher MacManus/CNET)

As the Apple "iWatch" rumor mill gets wound up, a new report holds that Apple already has a team of 100 people working on the rumored smart wristwatch, including some prominent Apple employees.

Following initial reports earlier this week that Apple was developing an iOS-based wristwatch, unnamed sources tell Bloomberg that the team working on just such a device has grown over the past year and includes employees from its marketing, software, and hardware units who had previously worked on the iPhone and
iPad.

Key members of the team are said to include James Foster, Apple's senior director of engineering, and Achim Pantfoerder, a program manager who is credited with 13 Apple patents, including an electronic sighting compass and ambient light sensor.

The report comes on the heels of a New York Times report over the weekend that said Apple was experimenting with wristwatch-like devices that sported curved glass. However, a team of this size and with such prominent membership suggests the company might be farther ahead than the experimental phase.

CNET has contacted Apple for comment and will update this report when we learn more.

Previous reports held that Apple had partnered with Intel to develop an iOS wristwatch that would be Bluetooth-enabled and sport a 1.5-inch OLED screen.

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