EU lawmakers challenge Catholic nominee for health job

BRUSSELS (Reuters) – European lawmakers challenged Malta‘s nominee for the EU’s top health job on Tuesday because of his contempt for homosexuals and opposition to abortion, after his predecessor quit over an investigation linking him to bribery.

European Greens, Liberals and Socialists, who make up half the parliament, spoke out against Tonio Borg, Malta’s foreign minister and a devout Catholic who has lobbied against abortion in his home country.

“I don’t doubt your ability but I do question your views,” British Liberal Democrat Chris Davies told Borg during a three-hour hearing on his nomination.

A 50-strong group of EU lawmakers pressed Borg for at least an hour to either defend his views on abortion and homosexuality or repeal them. They will cast a non-binding vote on Borg’s nomination by secret ballot next week.

Borg avoided being drawn. “These are matters to be exclusively decided by member states. It has been the standard answer and that will be my standard answer,” he added.

Conservatives, who are likely to back Borg’s nomination, make up a little less than half the parliament, with independents holding the remaining seats.

The controversy threatens to further embarrass the European Commission after the previous health commissioner, Malta’s John Dalli, resigned last month in a tobacco lobbying scandal.

It also casts doubt on selection procedures at the EU executive which places officials in unelected posts that shape regulation across Europe at a time when many Europeans question the Commission’s democratic legitimacy.

Borg’s personal views matter because the EU health commissioner oversees sensitive policy on issues such as access to healthcare, contraception, sexually transmitted diseases and stem cell research, lawmakers and rights groups say.

At least one rights group, the European Humanist Federation, has written to the Commission’s president Jose Manuel Barroso to protest Borg’s nomination.

In 2004, the parliament’s decision to reject Italian politician Rocco Buttiglione, who said he believed homosexuality was a sin, forced Italy to put forward someone else for the post of justice commissioner.

“THAT’S ALL WE NEED NOW”

Christian groups say Borg is being unfairly targeted for his Catholic faith. Borg, who is also Malta’s deputy prime minister, has insisted his views are not extremist and that he champions everyone’s right to their own opinions.

His comments from 2009 during a debate in the Maltese parliament on property laws have caused the most fuss among liberals in Brussels and in Malta. Borg is reported to have said gay couples could not expect to be eligible for social housing.

“That’s all we need now. After we’ve finally decided to limit inheritance to married couples and children, now we are expected to extend this protection to those who decide to go and live with someone of the same sex,” Borg is cited saying in 2009, according to an October 29 European Parliament report.

Malta is a conservative country and in June the island nation said it wanted the Commission to stop funding stem cell research using human embryos, which is allowed in some EU countries.

The former commissioner Dalli was questioned by police in Malta on Tuesday, local media reported, over the tobacco corruption scandal which forced his resignation.

(Additional reporting by Christopher Scicluna in Malta; Writing by Robin Emmott; Editing by Rosalind Russell)

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'Inappropriate’ emails, ‘shirtless’ photos

Gen. David Petraeus and Paula Broadwell in July 2011 (ISAF via Getty Images)It seemed the story behind Gen. David Petraeus' resignation as director of the CIA couldn't get stranger. New reports, however, now indicate that Marine Gen. John Allen, another well-respected, high-ranking general, might be involved in the growing scandal.

On the surface, the case so far involves the FBI; a slew of allegedly inappropriate emails (between Petraeus and his biographer, Paula Broadwell; Allen and socialite Jill Kelley; and allegedly threatening ones Broadwell sent to Kelley); the FBI agent who started the probe, who's now being investigated for sending "shirtless" photos to Kelley; and, as reported by the New York Post on Tuesday morning, a child custody battle involving Kelley's twin sister that allegedly concerns both Petraeus and Allen.

To help sort things out, here's a rundown of events, and where things currently stand.

Jill Kelley, a 37-year-old from Tampa, Fla., who organized local social events for the military as a volunteer, became friends with Petraeus and his family when he was stationed in Florida. Last spring, she began receiving harassing emails from an anonymous account and alerted a friend who worked for the FBI.

[Related: Petraeus 'looking forward' to testifying on Benghazi]

The FBI began an investigation, which eventually uncovered an affair between Petraeus and Broadwell, both of whom are married. The FBI believes Broadwell sent the harassing emails to Kelley because she perceived her to be a rival for Petraeus' affections.

The FBI found something else during the inquiry: 20,000 to 30,000 pages of emails and other communications between Kelley and Allen, the top commander in Afghanistan and a nominee to become the new NATO supreme allied commander for Europe.

A senior defense official has told the Washington Post that the emails were "potentially inappropriate." Other sources strongly denied to the Post that anything inappropriate ever happened between Allen and Kelley, but said that Allen may have used terms of endearment such as "sweetheart" to refer to Kelley in his emails to her. The source said Allen, who is married, is "embarrassed" by this, but did not have an affair with her. Allen also received an email from the same account that was harassing Kelley, though it's unclear what the email said.

Both Petraeus and Allen also wrote letters submitted to a court on behalf of Kelley's twin sister, who was locked in a nasty custody fight with the father of her 4-year-old child. The generals vouched for the sister's abilities as a mother, the Post reported.

[Related: Time line of Petraeus affair]

The Tampa party planner, who is married and has three children, is also at the center of another bizarre twist in the case. The Wall Street Journal reported on Monday night that Kelley's FBI agent friend was taken off the Petraeus case and is currently being investigated because his superiors discovered that he sent "shirtless" photos to Kelley before the probe started. After the agent was removed from the case, the agent contacted Washington Rep. David Reichert to warn him that he thought FBI leaders would sweep the investigation under the rug.

Meanwhile, the Daily Beast, citing an anonymous source, reports that the harassing emails allegedly sent from Broadwell to Kelley did not say "stay away from my guy" as previously reported, and did not even directly reference Petraeus. The source described the tone of the emails as "more like, 'Who do you think you are? You parade around the base. You need to take it down a notch.'" The Wall Street Journal reported that one email, without elaborating, asked Kelley if her husband knew what she was doing. Another said the sender knew Kelley had touched "him," without specifying who the "him" was.

[Photos: The Petraeus scandal]

And, the Associated Press has uncovered the trick Broadwell and Petraeus used to email each other without creating an online trail. The pair set up anonymous email accounts and drafted emails to each other without ever pushing "send." Each one could log on to the other account and click the "drafts" folder to see if a message had been left for them. This avoids creating an easily traceable email trail, the AP reported.

One question the Daily Beast raised is why the FBI investigated the harassing emails sent to Kelley in the first place. There were no overt threats, such as "I'll kill you," in the emails, and some wonder if Kelley's friendship with the FBI agent may be why the agency investigated what seemed like a humdrum case better suited to local authorities.

Broadwell's father, for one, told the New York Daily News that he thinks the scandal is a smoke screen for a bigger story. "This is about something else entirely, and the truth will come out," Broadwell's father, Paul Krantz, told the Daily News. "There is a lot more that is going to come out."

Petraeus resigned on Friday, and it's still unclear if he will testify in closed Congressional hearings this week on the attack in Benghazi that killed four Americans. White House Press Secretary Jay Carney said Tuesday that the president still has confidence in Gen. Allen.

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General investigated for emails to Petraeus friend

PERTH, Australia (AP) — In a new twist to the Gen. David Petraeus sex scandal, the Pentagon said Tuesday that the top American commander in Afghanistan, Gen. John Allen, is under investigation for alleged “inappropriate communications” with a woman who is said to have received threatening emails from Paula Broadwell, the woman with whom Petraeus had an extramarital affair.

Defense Secretary Leon Panetta said in a written statement issued to reporters aboard his aircraft, en route from Honolulu to Perth, Australia, that the FBI referred the matter to the Pentagon on Sunday.

Panetta said that he ordered a Pentagon investigation of Allen on Monday.

A senior defense official traveling with Panetta said Allen’s communications were with Jill Kelley, who has been described as an unpaid social liaison at MacDill Air Force Base, Fla., which is headquarters to the U.S. Central Command. She is not a U.S. government employee.

Kelley is said to have received threatening emails from Broadwell, who is Petraeus’ biographer and who had an extramarital affair with Petraeus that reportedly began after he became CIA director in September 2011.

Petraeus resigned as CIA director on Friday.

Allen, a four-star Marine general, succeeded Petraeus as the top American commander in Afghanistan in July 2011.

The senior official, who discussed the matter only on condition of anonymity because it is under investigation, said Panetta believed it was prudent to launch a Pentagon investigation, although the official would not explain the nature of Allen’s problematic communications.

The official said 20,000 to 30,000 pages of emails and other documents from Allen’s communications with Kelley between 2010 and 2012 are under review. He would not say whether they involved sexual matters or whether they are thought to include unauthorized disclosures of classified information. He said he did not know whether Petraeus is mentioned in the emails.

“Gen. Allen disputes that he has engaged in any wrongdoing in this matter,” the official said. He said Allen currently is in Washington.

Panetta said that while the matter is being investigated by the Defense Department Inspector General, Allen will remain in his post as commander of the International Security Assistance Force, based in Kabul. He praised Allen as having been instrumental in making progress in the war.

The FBI’s decision to refer the Allen matter to the Pentagon rather than keep it itself, combined with Panetta’s decision to allow Allen to continue as Afghanistan commander without a suspension, suggested strongly that officials viewed whatever happened as a possible infraction of military rules rather than a violation of federal criminal law.

Allen was Deputy Commander of Central Command, based in Tampa, prior to taking over in Afghanistan. He also is a veteran of the Iraq war.

In the meantime, Panetta said, Allen’s nomination to be the next commander of U.S. European Command and the commander of NATO forces in Europe has been put on hold “until the relevant facts are determined.” He had been expected to take that new post in early 2013, if confirmed by the Senate, as had been widely expected.

Panetta said President Barack Obama was consulted and agreed that Allen’s nomination should be put on hold. Allen was to testify at his confirmation hearing before the Senate Armed Services Committee on Thursday. Panetta said he asked committee leaders to delay that hearing.

NATO officials had no comment about the delay in Allen’s appointment.

“We have seen Secretary Panetta‘s statement,” NATO spokeswoman Carmen Romero said in Brussels. “It is a U.S. investigation.”

Panetta also said he wants the Senate Armed Services Committee to act promptly on Obama’s nomination of Gen. Joseph Dunford to succeed Allen as commander in Afghanistan. That nomination was made several weeks ago. Dunford’s hearing is also scheduled for Thursday.

___

Associated Press writer Slobodan Lekic in Kabul, Afghanistan, contributed to this report.

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Jason Biggs defends tweeting ways

NEW YORK (AP) — Jason Biggs is brushing off criticism he received during the recent election season for vulgar tweets that referenced the wives of both Republican Mitt Romney and his running mate in the presidential race, Paul Ryan.

The “American Pie” star took heat for off-color comments posted to his Twitter feed at the time of the Republican National Convention in August. The outpouring of criticism from parents groups, pundits and others led Nickelodeon to issue an apology for the actor’s comments on the social media website. Biggs is providing one of the voices in the cable TV station’s new animated series “Teenage Mutant Ninja Turtles.”

“I made a political tweet, so I got a little bit of heat from the right,” he said.

With elections over, Biggs says he’s moving on.

He appeared Monday night in New York at the annual 24 Hour Plays event, which was sponsored by luxury pen-maker Montblanc to benefit the Urban Arts Partnership. The benefit draws more than two dozen actors who write, rehearse, and perform one of six plays that they began working on the night before.

Biggs’ tweets have also poked fun at the Kardashians, Amanda Bynes, Lindsay Lohan and the ABC show “The Bachelorette.”

“I’m more afraid of the Kardashians, than I am of the Republicans,” he said.

He said he sees Twitter as an extension of the darker side of his humor.

As a three-time performer in 24 Hour Plays benefit, Biggs says he’s grown to feel more comfortable with the process.

“It’s a little easier. But it’s still nerve-racking, man.”

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RIM to unveil new BlackBerry phones on Jan. 30.

TORONTO (AP) — Research In Motion said Monday that it will hold an official launch event for its new BlackBerry 10 smartphones on Jan. 30. The new phones are seen as critical to RIM’s survival.

The Waterloo, Ontario-based company said Monday details on the much-delayed smartphones and their availability will be announced at the event.

The announcement comes as the company struggles in North America to hold onto customers who are abandoning BlackBerrys for flashier iPhones and Android phones.

RIM’s current software is still focused on email and messaging, and is less user-friendly, agile and robust than iPhone or Android. Its attempt at touch screens was a flop, and it lacks the apps that power other smartphones. RIM is hanging its hopes on the BlackBerry 10 software. It is thoroughly redesigned for the touchscreen, Internet browsing and apps experience that customers now expect. The Canadian company said the launch event will happen simultaneously in multiple countries.

Jefferies analyst Peter Misek called it a make-or-break product release and said the date of the launch event suggests a release date in mid- to late February or in March.

A full touchscreen device is expected to be released first followed shortly after by a physical keyboard version.

BGC Financial Partners analyst Colin Gillis said the new phones won’t be dead on arrival as some analysts have said because RIM hasn’t lost the corporate market completely.

“Is 10 going to be the solution to retain that marketplace? We’ll have to wait and see,” Gillis said. “It’s great they set a date, but the challenges are still formidable. It’s not an issue of initial demand. It’s an issue of sustained demand.”

Gillis noted that RIM’s launch of a tablet initially went OK but then demand fell sharply. RIM’s tablet, the Playbook, uses software on which the BlackBerry 10 will be based.

RIM said last month the new BlackBerrys are being tested by 50 wireless carriers around the world.

Thorsten Heins, who took over as CEO in January after the company lost tens of billions in market value, had vowed to do everything he could to release BlackBerry 10 this year but said in June that the timetable wasn’t realistic. Heins says he can turn things around with BlackBerry 10.

The new BlackBerrys will be released after the holiday shopping season and well after Apple’s launch of the iPhone 5, expected to be Apple’s biggest product introduction yet.

RIM’s platform transition is also happening under a new management team and as RIM lays off 5,000 employees as part of a bid to save $ 1 billion.

RIM was once Canada‘s most valuable company with a market value of more than $ 80 billion in 2008, but the stock has plummeted since, from over $ 140 per share to around $ 8. Its decline evokes memories of Nortel, another former Canadian tech giant, which declared bankruptcy in 2009.

Shares of RIM rose 20 cents, or 2.3 percent, to $ 8.74 in midday trading in New York after rising as high as $ 9.07 earlier.

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Turkey needs help to cope with Syrian exodus: Red Cross

GENEVA (Reuters) – Turkey needs millions of dollars in foreign aid to cope with a still-growing surge of Syrians fleeing their country’s prolonged civil war, the world’s largest disaster relief network said on Monday.

More than 110,000 refugees have already registered in Turkey since the uprising against Syria’s president Bashar al-Assad began in March last year.

The International Federation of Red Cross and Red Crescent Societies said it had now drawn up plans to help Ankara support at least another 10,000 people gathered on the Syrian side of the border and 50,000 more who could cross over in the next six months.

The Federation said it was appealing for 32.3 million Swiss francs ($ 34.04 million) to get food and winter shelter to a total of 170,000 refugees, and to help Ankara scale up its response to the exodus.

“We’ve seen a doubling of the camp population since July 2012. And I think that as you have seen over the last few days, there has been an increase in the number of Syrians moving into Turkey,” Simon Eccleshall, head of disaster and crisis management at the Federation, told a news briefing in Geneva.

About 9,000 Syrians crossed into Turkey in a 24-hour period last Friday alone, swelling the numbers who have fled intensified fighting between Syrian government forces and rebels in Aleppo and other parts of northern Syria.

Forces loyal to Assad bombarded the Ras al-Ain area on the border with Turkey on Sunday, days after the town fell to rebels.

Turkish authorities, along with the Turkish Red Crescent Society, are providing for the refugees in 14 camps near the open but volatile border and plan to build three more camps.

“They now recognize that the situation is becoming prolonged, the initial thoughts that the population might be displaced for a shorter amount of time are now being reassessed and the government of Turkey along with its partners are planning for the contingency of a longer-term assistance program,” Eccleshall said.

The Turkish government has spent up to $ 300 million and is looking to partners including the Federation and U.N.’s World Food Program to share the burden of escalating costs, he said.

The six-month appeal seeks cash to buy cooking stoves, electric heaters, blankets and other winter items to Syrians already in southern Turkey, as well as essential food, hygiene kits, and blankets for people congregated near the border.

“However, I think that if the situation continues to deteriorate and the number of displaced people increases, we will be required to revise the appeal upwards,” Eccleshall said.

Lebanon and Jordan each host 115,000 Syrians, many of whom are staying with relatives, while Iraq has taken in 50,000, according to the latest figures from the U.N. refugee agency.

In addition, an estimated 70,000 to 100,000 Syrians are staying in urban areas in Turkey and have not registered as refugees, UNHCR spokeswoman Sybella Wilkes told Reuters.

“The numbers are significant in Turkey. One of the reasons that we are putting emphasis on this today is that there is a lack of other actors on the ground in Turkey,” Eccleshall said.

($ 1 = 0.9489 Swiss francs)

(Reporting by Stephanie Nebehay; Editing by Andrew Heavens)

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How did the FBI access Petraeus' email?

So how and when can the FBI access a citizen's personal email account? That is a key issue in the investigation surrounding General David Petraeus.

The governing law is the Stored Communications Act, which provides that a "government entity" may require a provider of electronic communication service to disclose "contents of a wire or electronic communication" that has been in storage for 180 days or less, as long as it has a warrant. A warrant requires a specific showing of probable cause that a particular crime is being committed.

If the email has been in storage for 180 days or more, the government must provide an administrative subpoena or a court order. This is a less exacting standard that does not require probable cause.

But what about if the email is the private account of a government official - such as the director of the CIA? Here there could be some exceptions.

For one, people with high security positions often sign disclosure forms, saying they could waive their rights to private email accounts. Also, standards are more lax if the government is accessing or investigating the use of a government email account.

"The million dollar question," said Stephen I. Vladeck of American University Washington College of Law, "is why, before it became clear that General Petraeus was involved in this investigation, was it such a high priority for the FBI in the first place? The answer might be that someone just called in a favor."

Vladeck said that the FBI might flag a cyber harassment claim between two citizens, but absent a large threat or a deeper connection to another ongoing investigation they would not drop everything to investigate.

Catherine Crump of the ACLU said that until the details come out it is almost impossible to draw conclusions regarding the government's action.

In broad terms, civil libertarians believe the government should always have a warrant to access email even if it is more than 180 days old.

Crump said she believes that if the government got a warrant to access historical emails, and then even got another one when it discovered it needed more, it was complying with the law.

If, on the other hand, the government was monitoring emails in real time, that could raise questions.

"If there is a lesson here, it is about how incredibly difficult it is for anyone to do anything anonymously," said Crump. "You leave an electronic trail wherever you go. Given this new reality in which we all create permanent records of everything we say and do, it is all the more important that law enforcement be subjected to clear rules about what they can or cannot do."

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Clarke’s 218 puts Australia on front foot

BRISBANE (Reuters) – Australia captain Michael Clarke scored a brilliant unbeaten double century to give the hosts a remarkable 37-run first innings lead on the fourth day of the first test against South Africa on Monday.

Supported first by a maiden century from opener Ed Cowan in a record stand of 259, and then by Mike Hussey‘s 86 not out, Clarke’s 218 helped lift Australia from 40 for three when he took to the crease on Sunday to 487 for four when stumps were drawn.

It was Clarke’s sixth test century, and his third double hundred, in the 15 tests since he was named captain last year in the wake of the Ashes humiliation and Australia’s quarter-final exit at the World Cup.

Although by no means a chanceless knock, the 31-year-old played with patience when South Africa’s vaunted pacemen got anything out of the Gabba track before punishing anything loose with some fine shot-making.

When he carried his bat back to the pavilion at the end of the day to the raucous cheers of a sparse crowd at the famous Brisbane ground, Clarke had faced 350 balls over 504 minutes and scored 21 fours.

“I’m very happy with that,” Clarke, who accumulated his 1,000 test run of the year during the innings, said in an interview on the boundary.

“I didn’t feel great at the start and I think Ed Cowan batted beautifully.

“We’re in a great position with a 30-odd lead. I’d like another 70 odd runs in the morning and then I want to have a crack with the ball. We’ll see what happens.”

Cowan departed for 136 in heartbreaking fashion just before tea, run out at the non-striker’s end when Dale Steyn got a finger to a Clarke drive that hit the stumps and the opener was caught out of his crease backing up.

RECORD PARTNERSHIP

His partnership with Clarke was an Australian record for the fourth wicket at the Gabba, beating the 245 Clarke and Mike Hussey made against Sri Lanka in 2007.

Cowan’s wicket was the only wicket to fall on the day and Hussey started pouring on the runs as if determined to get the record back for his own partnership with his captain.

The 37-year-old bucked his poor recent form against South Africa by reaching his half century off just 68 balls with a drive through long-off and was closing on a century of his own when play ended.

It was Hussey’s cut four off Morne Morkel with which Australia overhauled South Africa’s first innings tally of 450 and put themselves in with an unlikely chance of even winning a test which lost an entire day to rain on Saturday.

Clarke’s negotiation of the “nervous nineties” for his century had been fraught and he was nearly run out going for a second run that would have brought him to the hundred mark.

There were no such jitters on his approach to the two hundred mark, which he passed by slapping the ball through mid-on for two runs before giving the badge on his helmet another kiss.

Cowan’s century was a retort to those critics who have consistently questioned his place in the team since he made his debut in last year’s Melbourne test against India.

The 30-year-old lefthander reached the mark two overs after lunch by pulling a short Vernon Philander delivery for four to the square leg boundary, beginning his joyous celebrations before the ball hit the rope.

South Africa’s number one test ranking is on the line in the series, which continues with matches in Adelaide and Perth after Brisbane.

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Elmo puppeteer accused of underage relationship

NEW YORK (AP) — The puppeteer who performs as Elmo on “Sesame Street” is taking a leave of absence from the popular kids’ show in the wake of allegations that he had a relationship with a 16-year-old boy.

Sesame Workshop said puppeteer Kevin Clash denies the charges, which were first made in June by the alleged partner, who by then was 23.

“We took the allegation very seriously and took immediate action,” Sesame Workshop said in a statement issued Monday. “We met with the accuser twice and had repeated communications with him. We met with Kevin, who denied the accusation.”

The organization described the relationship as personal and “unrelated to the workplace.” Its investigation found the allegation of underage conduct to be unsubstantiated. But it said Clash exercised “poor judgment” and was disciplined for violating company policy regarding Internet usage. It offered no details.

“I had a relationship with (the accuser),” Clash told TMZ. “It was between two consenting adults and I am deeply saddened that he is trying to make it into something it was not.”

At his request, Clash has been granted a leave of absence in order to “protect his reputation,” Sesame Workshop said.

No further explanation was provided, nor was the duration of his leave specified.

“Elmo is bigger than any one person and will continue to be an integral part of ‘Sesame Street’ to engage, educate and inspire children around the world, as it has for 40 years,” Sesame Workshop said in its statement.

“Sesame Street” is currently in production, but other puppeteers are prepared to fill in for Clash during his absence, according to a person close to the show who spoke on condition of anonymity because that person was not authorized to publicly discuss details about the show’s production.

“Elmo will still be a part of the shows being produced,” that person said.

The 52-year-old Clash, the divorced father of a grown daughter, has been a puppeteer for “Sesame Street” since 1984. It was then that he was handed the fuzzy red puppet named Elmo and asked to come up with a voice for him. Clash transformed the character, which had been a marginal member of the Muppets troupe for a number of years, into a major star rivaling Big Bird as the face of “Sesame Street.”

In 2006, Clash published an autobiography, “My Life as a Furry Red Monster,” and was the subject of the 2011 documentary “Being Elmo: A Puppeteer’s Journey.”

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