James Holmes Defense: Was He Insane?

Jan 3, 2013 5:30pm

James Holmes appears in court, Centennial, Colo., July 23, 2012. RJ Sangosti/AP Images.

ABC’s Clayton Sandell and Carol McKinley report:

A judge ruled Thursday that public defenders for accused Colorado theater shooting suspect James Holmes can call two unidentified witnesses at next week’s preliminary hearing to testify about the defendant’s “mental state.”

Arapahoe County, Colo. prosecutors had sought to keep the witnesses out of court, but Judge William Sylvester ruled that the now-25-year-old accused killer has a right to call the witnesses at a preliminary hearing.

The Jan. 7 preliminary hearing will essentially be a mini-trial in which prosecutors will present witness testimony and evidence to convince the judge that there is enough of a case against Holmes to proceed to a trial.

Witnesses to be called for the prosecution include the Aurora police lead detective, first responders, the Arapahoe County coroner and likely a computer forensic specialist, according to prosecution sources who declined to be identified, citing a gag order in the case.

A top priority, the prosecution sources say, will be showing that Holmes acted with premeditation when he allegedly murdered 12 people and wounded 58 on the night of July 20 during a midnight showing of “The Dark Knight Rises.”

Defense attorneys may pursue a legal strategy to show that Holmes was not in his right mind at the time of the shooting.

Holmes, who has not yet entered a plea, has been repeatedly described in court by his legal team as mentally ill. While a graduate student at the University of Colorado, he was in the care of a psychiatrist.

Prosecutors say they will also present photos, video and 911 calls during the hearing, which is expected to last all week.

It’s not clear what the two witnesses’ relationship is to the shooting, or to Holmes.

Prosecutors, Judge Sylvester’s order says, contend that “neither witness has personal knowledge of the events at the Century Aurora 16 Theater.”

Sylvester said the witnesses are non-expert “lay witnesses” who have so far chosen not to be interviewed by defense investigators but have been cooperating with law enforcement.

SHOWS: World News

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Al-Jazeera acquires Gore-founded TV group: report

SAN FRANCISCO: Al-Jazeera has acquired Current TV, a struggling cable channel that will give the Qatar-based broadcaster the access to millions of US homes it has long sought, it was confirmed Wednesday.

Terms of the deal for Current, which was founded by US former vice president Al Gore, were not immediately disclosed, but Forbes reported that a possible value of $400 million could net the former politician a tidy $100 million.

The acquisition should also give Al-Jazeera vastly broader visibility in US homes because although Current has been struggling of late it nonetheless is available in 60 million American households, according to its own figures.

"We are proud and pleased that Al-Jazeera, the award-winning international news organization, has bought Current TV," said Gore, the San Francisco-based channel's chairman, and Joel Hyatt, co-founder and CEO, in a statement.

Gore also said Current had proudly offered "thought-provoking commentary" and Emmy and Peabody award-winning programming "to give voice to those who are not typically heard" and "to speak truth to power."

The New York Times reported that Al-Jazeera was expected to create a new channel, "Al-Jazeera America," instead of using its existing English-language vehicle Al-Jazeera English, to capitalize on Current's audience reach.

Hyatt told staff in an email that "Al-Jazeera is planning to invest significantly in building 'Al-Jazeera America,' a network focused on international news for the American audience," the Times report said.

"Al (Gore) and I will both serve on the advisory board of Al-Jazeera America, and we look forward to helping build an important news network," he added, according to the report.

The plan could put the broadcaster financed by the Qatari government into closer competition with CNN and other US news channels, as Al-Jazeera is offered only by a handful of American cable and satellite distributors.

Current Media, founded in 2005, operates Current TV, and reaches households in Britain and the United States. It also operates a youth-focused website Current.com, where users can submit their own content.

The channel has won two Emmy Awards and other honors. It reaches 71 million households worldwide.

But The Times said a sale was considered because of low ratings, with an average of just 42,000 people watching the channel last year.

-AFP/ac

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Pictures: Errant Shell Oil Rig Runs Aground Off Alaska, Prompts Massive Response

Photograph courtesy Jonathan Klingenberg, U.S. Coast Guard

Waves lash at the sides of the Shell* drilling rig Kulluk, which ran aground off the rocky southern coast of Alaska on New Year's Eve in a violent storm.

The rig, seen above Tuesday afternoon, was "stable," with no signs of spilled oil products, authorities said. But continued high winds and savage seas hampered efforts to secure the vessel and the 150,000 gallons (568,000 liters) of diesel fuel and lubricants on board. The Kulluk came to rest just east of Sitkalidak Island (map), an uninhabited but ecologically and culturally rich site north of Ocean Bay, after a four-day odyssey, during which it broke free of its tow ships and its 18-member crew had to be rescued by helicopter.

The U.S. Coast Guard, state, local, and industry officials have joined in an effort involving nearly 600 people to gain control of the rig, one of two that Shell used for its landmark Arctic oil-drilling effort last summer. "This must be considered once of the largest marine-response efforts conducted in Alaska in many years," said Steve Russell, of Alaska's Department of Environmental Conservation.

The 266-foot (81-meter) rig now is beached off one of the larger islands in the Kodiak archipelago, a land of forest, glaciers, and streams about 300 miles (482 kilometers) south of Anchorage. The American Land Conservancy says that Sitkalidak Island's highly irregular coastline traps abundant food sources upwelling from the central Gulf of Alaska, attracting large numbers of seabirds and marine mammals. The largest flock of common murres ever recorded by the U.S. Fish and Wildlife Service was in Sitkalidak Strait, which separates the island from Kodiak. Sitkalidak also has 16 wild salmon rivers and archaeological sites tied to the Alutiiq native peoples dating back more than 7,000 years.

Shell incident commander Susan Childs said Monday night that the company's wildlife management team had started to assess the potential impact of a spill, and would be dispatched to the site when the weather permitted. She said the Kulluk's fuel tanks were in the center of the vessel, encased in heavy steel. "The Kulluk is a pretty sturdy vessel," she said. " It just remains to be seen how long it's on the shoreline and how long the weather is severe."

—Marianne Lavelle

*Shell is sponsor of National Geographic's Great Energy Challenge initiative. National Geographic maintains editorial autonomy.

Published January 2, 2013

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Tax Deal Done - but How Can Obama Sign It?

Jan 2, 2013 6:29pm

AP Photo/Charles Dharapak

Congress officially delivered the bill to avert the fiscal cliff to the White House this afternoon, House Speaker John Boehner’s office told ABC News.

Now the question is when will the President sign it?

The bill, passed late on New Year’s Day, expires tomorrow at 11:59 a.m. when the current session of Congress concludes. If President Obama doesn’t sign it by then, constitutionally the bill is dead.

But this evening, eighteen hours before the deadline, the President is on a golf course in Hawaii.  And the bill is in Washington at the White House.

Administration officials won’t say what they will do despite repeated inquiries from ABC News.

There seem to be two options:  1) An Air Force jet can deliver the bill to Hawaii (better leave quickly!) in time for the President to sign it before 11:59 Eastern Standard Time; or, 2) The White House can use a presidential “auto-pen.”

The simple mechanical device uses a template of the presidential signature to scrawl it on paper if activated by the White House at Obama’s direction.

But would an auto-pen – usually used to sign insignificant correspondence and photographs – pass constitutional muster?  We don’t know.  The question has never been tested by the courts.

A 2005 legal study commissioned by former President George W. Bush determined that use of the autopen is constitutional but acknowledged the possibility that its use could be challenged.  Bush never used the autopen, officials from his administration told ABC.

President Obama is only believed to have used the autopen once to sign a piece of major legislation — the 2011 extension of the Patriot Act — which reached his desk while he was on a diplomatic trip to Europe. Officials invoked national security concerns to justify the move.

Use of the autopen has been controversial.  Conservative groups alleged last summer that Obama used an autopen to sign condolence letters to the families of Navy SEALs killed in a Chinook crash in Afghanistan — a charge the White House disputed flatly as false.

In 2004, then-Secretary of Defense Donald Rumsfeld was criticized for using an autopen to sign condolence letters to the families of fallen troops.

And in 1992 then-Vice President Dan Quayle even got into some hot water over his use of the autopen on official correspondence during an appearance on “This Week with David Brinkley.” More HERE.

ABC News’ Ann Compton and Devin Dwyer contributed reporting.

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Helping VA rehabilitate those with multiple wounds of war

Micaela Cornis-Pop oversees more than 110 rehabilitation facilities around the country, helping the Department of Veterans Affairs (VA) stay at the forefront of developments in treating traumatic brain injury and other medical injuries and issues facing injured veterans and military service members.

With the increase in battlefield survival rates of military personnel serving in Iraq and Afghanistan, service members live with more complex casualties, which led the VA to coin the word “polytrauma” to describe multiple injuries to one person, the most prevalent of which is traumatic brain injury, but also can include post-traumatic stress disorder, multiple amputations, burns, auditory and visual impairments and mental health issues.

In 2005, Cornis-Pop helped conceive, develop and implement the VA’s Polytrauma System of Care, an integrated network of facilities that provide specialized programs to help wounded men and women recover, and move from acute care to outpatient rehabilitation and reintegration into the community. She now leads and manages the system, developing policies and procedures and monitoring their implementation.

“We have a direct impact on how health care is delivered and is impacting veterans and service members, and that is tremendously gratifying,” said Cornis-Pop, national program manager of the Polytrauma System of Care at the Veterans Health Administration, Rehabilitation and Prosthetic Services, at the VA.

She also is responsible for providing education opportunities for VA health care providers who treat traumatic brain injuries. And the system works with another 39 VA locations that provide some, but not all elements of comprehensive polytrauma rehabilitation care, to define the care those facilities can provide and help make the decision when to refer patients to another level of care.

In addition, Cornis-Pop was the lead author and editor of a “massive project” to publish a 166-page book that came out in April 2010, which serves as an accredited independent study course on traumatic brain injury for members of VA health care teams around the country, said Joel Scholten, director of Special Projects at the Physical Medicine and Rehabilitation Program Office (PM&R), which manages the Polytrauma System of Care. Nearly 12,000 clinicians have completed the course between April 2010 and July 2012, using either the book or a Web version of it.

Cornis-Pop “has the innate ability to pull people together and get focused on a task and think creatively, and, most amazingly, develop an end product that is useful and veteran-centric,” Scholten said. “She develops programs and projects that have been sustained because they are clinically relevant. It’s not just policy that is developed and sits there.”

Dr. David Cifu, national director of the PM&R office, not only relies on Cornis-Pop to coordinate the care programs around the country but also to respond to outside requests for information, including from Congress. “She’s the person who makes it all happen,” he said. “She doesn’t care about getting credit. She just gets things done. That’s gold.”

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US House to vote to avert fiscal cliff

WASHINGTON: After a day of twisting political drama, the US Congress was Tuesday expected to finally endorse a deal to avert the "fiscal cliff" budget crisis that had threatened to unleash a new recession.

Hours before many major global financial markets make their 2013 debut, the House of Representatives was to vote on a bid to raise taxes on the rich and put off a $109 billion dollar program of spending cuts for two months.

The deal passed the Senate early on Tuesday, but its fate hung in the balance for hours as House conservatives sought to amend it to include big spending cuts, which would likely have killed its chance of passage.

Had the deal splintered, all Americans would have been hit by tax increases and the spending cuts would have kicked in across the government, in a combined $500 billion shock that could have rocked the fragile recovery.

The House was due to vote within hours on an up or down vote on the deal agreed between Senate Republicans and President Barack Obama's White House.

A majority of 217 votes was seen as a certainty given that Obama's Democrats were certain to back the pact along with some of the Republican majority.

The vote will take place after a conservative rebellion fizzled when it became clear there were not sufficient votes in the restive Republican caucus to send an amended version of the bill with spending cuts back to the Senate.

Republican party leaders ultimately feared they would carry the can if the deal collapsed, leaving Americans enraged by higher taxes and the prospect of that an economy still slowly bouncing back from the worst crisis in decades could be plunged back into recession.

"There's a growing sense that, you know... you do have to know when to hold them and when to fold them. We've been beaten in this fight," retiring Ohio Republican Congressman Steve LaTourette told CNN.

Earlier, Boehner's coalition vented fury that the deal negotiated by the White House and top Senate Republicans had not contained significant spending cuts to eat into national debt that is worth more than $16 trillion.

"We have to in some way address spending," Republican congressman Spencer Bachus said.

Another House Republican, Tim Huelskamp, said that the powerful number two Republican in the chamber Eric Cantor told a high-stakes meeting of the party caucus that he was opposed to the bill.

"The principal reason is there are no spending cuts," said Huelskamp.

At the turn of the year, every American became liable to a tax hike with the expiry of rate cuts first passed under former president George W. Bush.

The deal to avert the fiscal cliff agreed on Monday raised income taxes only on households earning $450,000 a year and exempted anyone else.

It put off the spending cuts -- known as the sequester -- for two months, setting up another bitter political cliffhanger at the end of February.

If the legislation does pass the House unamended, it will represent a win for Obama as it raises taxes on the richest Americans in line with a re-election campaign promise -- albeit above an income threshold higher than he and other Democrats had wanted.

Obama issued a statement shortly after the 2:00 am (0700 GMT) Senate vote, urging House lawmakers to pass the bill "without delay."

The White House said the tax agreement was "a victory for middle-class families and the economy," and laid out the raft of measures contained in the legislation.

"For the first time in 20 years, Congress will have acted on a bipartisan basis to vote for significant new revenue," it said.

The deal also includes an end to a temporary two percent cut to payroll taxes for Social Security retirement savings -- meaning all Americans will pay a little more -- and changes to inheritance and investment taxes.

-AFP/ac

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NHAI slams GMR for termination notice for biggest highway project

NEW DELHI: National Highways Authority of India (NHAI) has hit back at infrastructure major GMR on its termination notice for the country's biggest highway project worth at least Rs 6,000 crore. The Authority in its reply to GMR has said that the company did not give 90-day cure period (to rectify and address the deficiencies), and how it is in violation of the norms laid down in the concession agreement.

NHAI was to respond to the GMR notice to exit from Kishangarh-Udaipur-Ahmedabad project by January 4. GMR has cited NHAI's failure to get environmental clearance for the 555-km highway project and to notify the revised toll rate on this stretch being widened from four to six lanes.

"The notice served on us had several deficiencies, and we have spelt them out clearly. The revised toll notification has been done and environment clearance will be obtained in the next few days," said a senior NHAI official.

Sources said that the toll notification was done after highways minister C P Joshi held a meeting at his residence on Monday evening and the environment and forest ministry (MoEF) has been approached to convene a special meeting of the Forest Advisory Committee (FAC) to grant clearance.

The project has huge significance considering it being the country's first mega highway project. In addition, if the contract gets cancelled, NHAI would directly lose revenue of Rs 636 crore annually, which increases 5% every successive year. The Authority's own estimate shows the total revenue during the entire contract period would be at least Rs 9,000 crore at net present value.

Indications abound that in case GMR still decides to opt out of the project, NHAI would forfeit the company's bank guarantee along with other harsh steps. "We don't want this to be a precedent for other concessionaires who would show delay in environment clearance to exit from the project and consequently forcing us to rebid them," said a senior ministry official.

NHAI also seems to use this case to draw MoEF's attention to fast track green clearance, highlighting the laxity on the green ministry's part to grant such nods. NHAI chairman R P Singh wrote to MoEF secretary V Raja Gopalan on December 24, "Any delay on our part in giving environment clearance can be construed as an indirect support to the contention of the concessionaire" while seeking his personal invention to convene a special meeting of the FAC.

According to NHAI, the project got environment clearance in early June, with a rider that stage-1 of forest clearance for the venture is obtained. This requires diversion of 37.62 hectares reserved forest and 40.39 hectares of protected forest that fall in Rajasthan. The state government has processed and sent its proposal in mid-November. Even after some of the queries of MoEF were cleared, the proposal was not placed before the FAC that met on December 21 and 22.

A part of the project also falls in Gujarat, and hence forest diversion is required for 173.39 hectares. NHAI officials said that the Gujarat government has given its nod after the poll code for the assembly election was lifted.

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Space Pictures This Week: Ice “Broccoli,” Solar Storm

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  Happy Trails

  Photograph by Alex Cherney, TWAN

  Amateur astronomer Alex Cherney captured these star trails as they blazed above Lake Tyrrell, a salt lake in Victoria, Australia in October 2011 and posted to The World At Night website December 25, 2012.

  (See pictures of another Australian salt lake, Lake Eyre.)

  Published December 31, 2012

  
  











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  Tokyo From Space

  
  Image courtesy DLR

  The sprawling Japanese capital Tokyo looks like a funky computer chip in this image taken by Germany's Earth-observing satellite TerraSAR-X and released December 20.

  Launched in 2007, the satellite's radar sensors map Earth from 319 miles (514 kilometers) up in a near-polar orbit.

  Published December 31, 2012

  
  











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  Extreme View

  
  Image courtesy SDO/NASA

  NASA's Solar Dynamics Observatory snapped this extreme ultraviolet view of an active region on the sun as it rotated into view from December 16 to December 18. Ultraviolet light makes it easier to trace the whorls and loops created by superheated gas, or plasma, and the sun's magnetic field lines.

  Active solar regions such as this create space weather that, when aimed at Earth, can disrupt satellite communications and electronics. (See more pictures of solar activity and space weather.)

  Published December 31, 2012

  
  











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  Saturn’s Dark Side

  
  Image courtesy SSI/Caltech/NASA

  This image of the unlit side of Saturn's S rings, released December 24, was taken with visible light by NASA's Cassini spacecraft.

  The shadow of Saturn's innermost major moon, Mimas, is visible as a black oval south of the rings' shadow. For those with completely dust-free computer monitors, Janus, another Saturnian moon, is visible as a tiny white speck above the planet's north pole. (Learn about Saturn's major moons.)

  Published December 31, 2012

  
  











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  A River Runs Through It

  
  Image courtesy ESA/JAXA

  The European Space Agency released this picture—taken by Japan's satellite ALOS—of Italy's longest river on December 14.

  The Po river and its surrounding fields divide Italy into its northern and southern regions. The Japanese used ALOS, which they lost contact with in late April 2011, to generate precise land maps, monitor disasters, and conduct resource surveys. (Read an excerpt from National Geographic magazine about the Po river.)

  Published December 31, 2012

  
  











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  Glacial "Broccoli"

  
  Image from DigitalGlobe/Getty Images

  The Moshniy glacier, located on the Russian archipelago Novaya Zemlya in the Arctic Ocean, calves chunks of ice and debris into a pattern reminiscent of broccoli in an image released December 20.

  Novaya Zemlya was a sensitive military area during the Cold War, and was also the site of the most powerful nuclear device ever detonated. The energy released by the 50-megaton "Tsar" bomb was ten times that of all the explosions set off during World War II.

  Published December 31, 2012

  
  











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  Image courtesy Caltech/SSI/NASA

  Published December 31, 2012

  
  

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House Plans Up-or-Down Vote on 'Cliff' Deal

House Republicans have agreed to have an up-or-down vote on the bipartisan Senate deal to avert the "fiscal cliff," rather than trying to amend the Senate bill with more spending cuts before voting, according to a senior GOP leadership aide.

The vote will likely come tonight despite top House Republicans' earlier opposition to the deal, which the Senate passed in the wee hours of New Year's Day, because of concerns about the cost of the deal's spending provisions.

If House Republicans had tweaked the legislation, there would have been no clear path for its return to the Senate before a new Congress is sworn in Thursday.

The Republican-controlled House was expected to launch into procedural steps leading up to a vote, which was possible late this evening.

Before deciding on the up-or-down vote, GOP leaders had emerged from a morning conference meeting disenchanted by the legislative package devised by Senate Minority Leader Mitch McConnell, R-Mo., and Vice President Biden early this morning, with several insisting they could not vote on it as it stood.

"I do not support the bill," House Majority Leader Eric Cantor, R-Va., said as he left the meeting. "We're looking for the best path forward. No decisions have been made yet."

Bill Clark/Roll Call/Getty Images

'Fiscal Cliff' Negotiations: Congress Reaches Agreement Watch Video

Fiscal Cliff Countdown: Missing the Deadline Watch Video

House Speaker John Boehner refused to comment on the meeting, but his spokesman said, "the lack of spending cuts in the Senate bill was a universal concern amongst members in today's meeting."

"Conversations with members will continue throughout the afternoon on the path forward," Brendan Buck said in a statement.

As lawmakers wrestled with the legislation, the non-partisan Congressional Budget Office estimated that the bill's added spending combined with the cost of extending tax cuts for those making under $400,000 would actually add $3.9 trillion to the deficit over the next 10 years. The Joint Committee on Taxation reached a similar conclusion.

The impasse once again raised the specter of sweeping tax hikes on all Americans and deep spending cuts' taking effect later this week.

"This is all about time, and it's about time that we brought this to the floor," House Minority Leader Nancy Pelosi said after emerging from a meeting with Democrats.

"It was a bill that was passed in the U.S. Senate 89-8. Tell me when you've had that on a measure as controversial as this?" she said of the overwhelming vote.

Pelosi could not say, however, whether the measure had the backing of most House Democrats.

"Our members are making their decisions now," she said.

Biden, who brokered the deal with McConnell, joined Democrats for a midday meeting on Capitol Hill seeking to shore up support for the plan.

While Congress technically missed the midnight Dec. 31 deadline to avert the so-called cliff, both sides have expressed eagerness to enact a post-facto fix before Americans go back to work and the stock market opens Wednesday.

"This may take a little while but, honestly, I would argue we should vote on it today," said Rep. Tom Cole, R-Okla., who sits on the Budget Committee. "We know the essential details and I think putting this thing to bed before the markets is important.

"We ought to take this deal right now and we'll live to fight another day, and it is coming very soon on the spending front."

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Obama, Republicans reach deal on fiscal cliff; Senate vote expected tonight

President Obama and Senate Republicans reached a sweeping deal late Monday that would let income taxes rise significantly for the first time in more than two decades, fulfilling Obama’s promise to raise taxes on the rich and averting the worst effects of the “fiscal cliff.”

Vice President Biden arrived at the Capitol just after 9 p.m. to explain the details of the pact he negotiated with Senate Minority Leader Mitch McConnell (R-Ky.). A Senate vote on the package could be held by 10:30 p.m., beating a midnight deadline, Democratic aides said. The Republican-controlled House will begin considering the bill on Tuesday, with a final vote expected in the next day or two.

The agreement emerged after White House officials gave in on the last contested issue, yielding to GOP wishes on how to handle estate taxes, aides said.

The revelations about the pending deal came after President Obama had said a deal was “within sight,” and House Republican leaders announced they would hold no votes Monday night, making it appear that that the nation would go over the “fiscal cliff” for at least a day.

The Senate was moving, however, toward a late-night on the agreement negotiated by McConnell and Vice President Biden. With the House likely to reconvene at noon on Tuesday, a deal appeared imment that would cancel historic tax hikes for most Americans.

“I think it’s highly likely that some time this evening there’ll be a vote on the Senate side,” Sen. Bob Corker (R-Tenn.) said Monday evening as he emerged from a meeting with fellow Republicans and signaled that talks are continuing. “This is one of those things that could well go into the early morning by the time it goes to a vote. ... I think they’re attempting to get the legislative language in order and vote on it tonight, you know, 1, 2, 3, 4 in the morning, whatever.’’

Regardless of whether an agreement is reached to avoid the fiscal cliff, many Americans are all but certain to face a broad hike in taxes starting Tuesday because of the expiration of the payroll tax cut, which was enacted in 2011 as a temporary measure to boost economic growth. The increased payroll taxes, combined with hikes affecting the very wealthy, would effectively mark the end of a prolonged period of declining taxation that has become a defining characteristic of the American economy

The announcement that the GOP-controlled House would not vote on New Year’s Eve came after Obama urged lawmakers to “stop taxes going up for middle-class families, starting tomorrow,” and he called on them to remain focused on the needs of the American people rather than politics.

In what the White House billed as an event with middle-class Americans, Obama said there were “still issues left to resolve” in the talks. He said he was “hopeful that Congress can get it done. But it’s not done.”

Obama said the potential agreement that Biden and McConnell are crafting would prevent federal income taxes from rising on middle-class families, extend tax credits for children and college tuition, provide tax breaks to clean-energy companies and extend unemployment insurance for 2 million Americans.

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