Boehner's 'fiscal cliff' plan fails









WASHINGTON — House Speaker John A. Boehner abruptly canceled a vote on his Plan B tax proposal late Thursday after failing to find enough GOP support, a stunning political defeat that effectively turned resolution of the year-end budget crisis over to President Obama and the Democrats.


The speaker had spent the last few weeks negotiating one-on-one with the president, establishing himself as the second-most powerful figure in Washington. But with his strategy imploding, Boehner conceded that he would play a lesser role.


"Now it is up to the president," he said, to work with a fellow Democrat, Senate Majority Leader Harry Reid of Nevada, "to avert the fiscal cliff."





The proposal the speaker had hoped to bring to a vote would have prevented a year-end tax increase for all but those earning more than $1 million a year.


But the Ohio Republican said in a statement, "It did not have sufficient support from our members to pass."


The unexpected turn of events caused an immediate reaction on Wall Street, where after-hours investors began to yank money out of U.S. stocks. Futures that track the Standard & Poor's 500 fell 1.5%, and the Dow Jones industrial average dropped 1.6%.


Now, Obama faces a crucial test of his leadership, with little time left to craft a deal.


Obama's most recent offer is likely to be the starting point. He made a substantial concession: raising taxes only on household income above $400,000, rather than the $250,000 threshold he campaigned on for reelection.


As he pursues votes in Congress, the president will need to face down Democrats, particularly the liberal wing that may feel emboldened to demand that a deal be tilted toward their views — perhaps with additional spending on infrastructure or unemployment benefits.


Any compromise will need substantial Democratic support. Although the president needs the speaker to allow legislation to come to a vote in the GOP-controlled House, Boehner emerges in a weakened position and has little leverage to demand further concessions. His Senate counterpart, Mitch McConnell (R-Ky.), will need to decide whether to become a final line of defense against Obama or step aside for a Democratic-led plan.


"The president's main priority is to ensure that taxes don't go up on 98% of Americans and 97% of small businesses in just a few short days," White House Press Secretary Jay Carney said after Boehner canceled the vote. "The president will work with Congress to get this done, and we are hopeful that we will be able to find a bipartisan solution quickly."


Without a compromise, most Americans will see their taxes automatically rise and spending cuts ripple across the economy in the new year. The White House and the speaker had been closing in on a broad deficit-reduction deal to steer around the coming "fiscal cliff," but Boehner suddenly changed course this week to gauge the sentiment of House Republicans.


The support expressed by top Republicans for new taxes has cracked the party's anti-tax orthodoxy and opened the door to a compromise that would have been unthinkable before the November election.


Mindful that his own job as speaker comes up for a vote in two weeks, Boehner must make a difficult choice: whether to allow a plan to come to the House floor without support from his majority, or play a key role in sending the nation over the fiscal cliff and raising taxes on most Americans.


As the speaker and his lieutenants trolled for votes earlier Thursday, buttonholing lawmakers in scenes like those in the movie "Lincoln," Carney dismissed Boehner's Plan B as a "multi-day exercise in futility."


"Instead of taking the opportunity that was presented to them to continue to negotiate what could be a very helpful large deal for the American people, the Republicans in the House have decided to run down an alley that has no exit," he said.


Late in the evening, as the time for voting neared, the House took an unscheduled recess — a sign that the tally had come up short. With Democrats almost unanimously against the bill, Boehner could afford to lose only two dozen Republican defectors.


The speaker and his top lieutenants then convened a late-night meeting of rank-and-file lawmakers and announced they were pulling the bill.


"We don't have the votes," the speaker said, according to a lawmaker in the room.


Conservatives split over Plan B, complicating Boehner's quest. He received a major assist when anti-tax stalwart Grover Norquist's Americans for Tax Reform declared that the bill was a vote for lower taxes and did not violate the pledge most Republicans had signed not to raise taxes. But other leading conservative groups opposed it, including FreedomWorks, which is extremely influential with tea party supporters.





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Insiders steal a march in leak prone Asian markets






SINGAPORE (Reuters) – When South Korean automaker Hyundai Motor Co announced last month it had overstated the fuel efficiency levels on around one million of its cars in the United States and Canada some investors were left fuming more than others.


Some had already sold their shares before the announcement on November 2. The stock fell 4 percent on November 1 with about 2.2 million shares changing hands, the highest trading volume of the year at that point.






“This smells pretty bad,” said Robert Boxwell, director of consulting firm Opera Advisors in Kuala Lumpur who has studied insider dealing patterns.


“It would have fallen into our suspect trading category,” he added.


Boxwell spots suspect trading by looking at how much the volume diverges from the average level in the days before a market moving announcement. In the Hyundai instance, the volume was more than five standard deviations, a measure of variation, away from the daily average of 598,741 shares over the past year.


A Hyundai spokeswoman declined to comment.


Research from the Capital Markets Co-operative Research Centre (CMCRC), an academic centre in Sydney that studies financial market efficiency, found that 26 percent of price-sensitive announcements in Asia Pacific markets showed signs of leakage in the first quarter of this year, the most recent period for which data was available.


That compared with 13 percent in North American markets.


The CMCRC says it looks for suspected information leaks by examining abnormal price moves and trading volumes ahead of price-sensitive announcements.


Investors say one reason for leaks in Asia has been low enforcement rates for insider trading and breaches of disclosure rules. Enforcement in some markets is virtually non-existent.


There are also misconceptions about whether trading on non-public information is a crime.


“The idea that insider trading is wrong rather than smart is only being ingrained in the current generation of Asian players, not the older generation who are often still in the driving seat,” said Peter Douglas, founder of GFIA, a hedge fund consultancy in Singapore.


LOSS OF CONFIDENCE


Japan’s largest investment bank Nomura Holdings was embarrassed this year after regulatory investigations found it leaked information to clients ahead of three public share offerings.


Nomura has acknowledged that its employees leaked information on three share issues it underwrote in 2010. In June, it published the results of an internal investigation that found breaches of basic investment banking safeguards against leaking confidential information and announced a raft of measures to prevent recurrence.


The bank was also fined 200 million yen ($ 2.37 million) by the Tokyo Stock Exchange and 300 million yen by the Japan Securities Dealers Association.


Such leaks hurt companies’ share prices in the long run because investors put in less money if they feel they are not on a level playing field.


“It is very damaging. You may not know how much money you’ve lost but if there is not confidence that the regulators are prosecuting and enforcing the rules on this then it undermines investor confidence and liquidity,” said Jamie Allen, secretary general of the Asian Corporate Governance Association.


The issue isn’t being ignored. Many Asian markets such as Hong Kong and China have tightened their rules on insider trading over the past decade.


Indeed some investors feel that while leaks and insider dealing are unfair, regulators in the region have more serious issues they should be tackling.


“I would like to see the regulators spend more resources on investigating and prosecuting fraud against listed companies, which severely damages shareholder value,” said David Webb, a corporate governance activist in Hong Kong, arguing insider dealing as less of an impact on a company’s long-term share price.


HTC AND APPLE


A week after Hyundai’s announcement about its problems in the United States, there was an unexpected move on the Taiwan Stock Exchange.


Shares in smartphone maker HTC Corp jumped almost seven percent on Friday, November 9, hitting the daily upper trading limit. On Sunday came the surprise announcement that the company was ending its long-running patent dispute with Apple Inc , a move seen as a positive for the stock.


The Taiwan bourse announced it was investigating the trading patterns to see if there was a possible leak.


When asked for comment, HTC referred back to a November 13 statement in which the company said it had kept the Apple settlement process confidential and has strict controls on insider trading.


Michael Lin, a spokesman for the Taiwan Exchange, told Reuters on Friday that the bourse is still working with the regulator on the case.


‘ENORMOUS LOSSES’


Michael Aitken, who oversees research at the CMCRC, said many other Asian markets lack tough enough rules to force information to be released as efficiently and timely as possible, a primary reason for the prevalence of leaks.


“Poor regulation hampers enforcement efforts,” he said pointing out that few markets have the “continuous disclosure” rules used in Australia which require listed companies to release material information as soon as possible.


In Korea, when Hyundai shares started to fall, rumours began swirling that news about a problem with some of its cars was on its way, but investors say it took the company too long to disclose what exactly was happening.


“Hyundai at that time did not confirm the rumours. We suffered enormous losses because of this,” said one fund manager, who declined to be named because he was not authorised to speak to the media.


An official from Korea Exchange declined to comment on whether it was investigating this case, saying only that the exchange looks carefully into possible cases of insider trading.


Across Asia, regulators concede that many company executives and insiders still do not appreciate that leaking or trading on material, non-public information is an offence.


“People don’t even know they are engaging in insider trading, for example if their friends are talking about it on the golf course,” said Tong Daochi director-general for international affairs at the China Securities Regulatory Commission, during a regulation conference last month.


“We try to tell society, what are the criminal issues, what are the insider trading issues? For example we have held 27 press conferences to tell the public what kind of activities are involved in insider trading and to let people know that this is an active crime.” ($ 1 = 84.2600 Japanese yen) ($ 1 = 0.6147 British pounds)


(Reporting by Rachel Armstrong; additional reporting by Nishant Kumar in HONG KONG and Hyunjoo Jin in SEOUL; Editing by Emily Kaiser)


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Marilyn Monroe subway grate photo on view in NYC






NEW YORK (AP) — A famous image of Marilyn Monroe with her skirt billowing atop a New York City subway grate is on display in a picture-perfect spot: outside the Times Square subway station.


The supersized version of Sam Shaw‘s well-known picture is part of an exhibit. The exhibit also features eight of Shaw’s other Monroe pictures, on view inside the 42nd Street-Bryant Park station on the B, D, F, M and 7 lines.






The show opened Thursday. It’ll be up for a year.


Shaw shot the subway grate photo for the 1955 film “The Seven Year Itch.” He took the other pictures in 1957.


The exhibit is part of the Metropolitan Transportation Authority’s Arts for Transit program. Manager Lester Burg says matching a mass transit setting with a popular figure from mass culture seemed a good fit.


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Recipes for Health: Marinated Olives


Andrew Scrivani for The New York Times


Marinated olives.







These are inspired by Patricia Wells’ “Chanteduc Rainbow Olive Collection” in her wonderful book “The Provence Cookbook.” It is best to use olives that have not been pitted.




1/4 cup extra virgin olive oil


2 tablespoons red wine vinegar


5 bay leaves


2 large garlic cloves, peeled, green shoots removed, thinly sliced


Strips of rind from 1 lemon (preferably organic)


1 tablespoon fresh thyme leaves, coarsely chopped


1 teaspoon chopped fresh rosemary


1/2 teaspoon fennel seeds


2 cups imported olives (black, green or a mix) (about 3/4 pound)


 


1. Combine the olive oil, vinegar, bay leaves and garlic in a small saucepan and heat just until warm over low heat. Remove from the heat and stir in the lemon rind, thyme, rosemary and fennel seeds.


2. Place the olives in a wide mouthed jar and pour in the olive oil mixture. Shake the jar to coat the olives. Refrigerate for two hours or for up to two weeks. Shake the jar a few times a day to redistribute the seasonings.


Yield: 2 cups, serving 12


Advance preparation: These will keep for about two weeks in the refrigerator.


Nutritional information per ounce (does not include marinade): 43 calories; 4 grams fat; 0 grams saturated fat; 0 grams polyunsaturated fat; 3 grams monounsaturated fat; 0 milligrams cholesterol; 1 gram carbohydrates; 0 grams dietary fiber; 468 milligrams sodium (does not include salt to taste); 0 grams protein


 


Martha Rose Shulman is the author of “The Very Best of Recipes for Health.”


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U.S. Makes Arrest in Olympus Accounting Scandal


Federal agents arrested a former bank executive in Los Angeles on Thursday in connection with the accounting scandal that erupted last year at Olympus, the Japanese camera and medical equipment maker.


Prosecutors in New York said that the executive, Chan Ming Fon, received more than $10 million from Olympus for assisting in its accounting fraud.


The Federal Bureau of Investigation said Mr. Chan, 50, was a citizen of Taiwan living in Singapore. He was charged with conspiracy to commit wire fraud, with a maximum potential penalty of 20 years in prison. His lawyer was not disclosed.


“As alleged, Chan Ming Fon was handsomely paid to play an international shell game with hundreds of millions of dollars of assets in order to allow Olympus to keep a massive accounting fraud going for years,” said Preet Bharara, the United States attorney in Manhattan, in a news release.


The authorities did not identify the financial institutions with which Mr. Chan was affiliated.


In February, the Japanese authorities arrested seven people in connection with the accounting missteps at Olympus, including Tsuyoshi Kikukawa, the company’s former chairman. Mr. Chan was not among those seven.


The company has admitted that executives set up a scheme to cover up $1.7 billion in losses. The illicit maneuvers came to light after Olympus fired Michael C. Woodford, its British chief executive, in October 2011. Soon after, Mr. Woodford made allegations of accounting misdeeds at Olympus.


The Olympus scandal rocked the Japanese corporate sector. The case is being watched closely to gauge how serious the Japanese authorities will be in their pursuit of white-collar crime. The men arrested in February could each serve up to 10 years if found guilty.


The allegations against Mr. Chan could shed more light on Olympus’s elaborate accounting ruses. The company hid losses sustained in the 1990s, later masking them with inflated acquisitions and payments through shadowy overseas funds.


Mr. Chan was a principal at a fund that received large payments from Olympus, according to the F.B.I. The bureau contends that Mr. Chan told Olympus’s auditors in 2009 that the fund held hundreds of millions of dollars on behalf of Olympus, in the form of conservative investments like Japanese government bonds. The complaint says, however, that the money had been passed on to an entity controlled by Olympus to pay off a loan.


In the complaint, the F.B.I. said that Mr. Chan “acknowledged that it was wrong to assist Olympus in deceiving its auditor.”


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Family, fans say goodbye to Jenni Rivera









Jenni Rivera was remembered in death the same way she was celebrated in life: on an illuminated stage, with thousands of fans chanting her name.


The singer, who was killed in a plane crash earlier this month, was honored Wednesday with what her family called a "celestial graduation," a musical memorial that packed the Gibson Amphitheatre with 6,100 people and drew hundreds more outside.


The more than two-hour farewell could have been mistaken for a concert, if not for the crowd's tears and the ruby-red casket on stage. In front of it was a cluster of white roses, the type of flower Rivera's family asked fans to bring. Behind it was a single microphone, left unused.





Family members — clad head-to-toe in white — praised Rivera as a "perfectly imperfect" mother and a guerrera, Spanish for "female warrior." Her father, Pedro Rivera, a noted singer of the Mexican ballads known as corridos, said goodbye by performing a song he wrote about her, "La Diva de la Banda."


Rivera's 11-year-old son, Johnny Lopez, addressed the sea of mourners in a white suit and red bow tie. His father died a few years ago.


"Mama, I've been crying so much these last few days. I miss you so much," he said, his voice breaking. "I hope you're taking care of my dad and I hope he's taking care of you, too."


He added: "I want to thank everyone for loving my mom."


Rivera, a Long Beach native, first gained fame via her banda music, a Mexican regional style heavy on machismo and brass instruments. A rare woman in the genre, Rivera often sang — in Spanish and English — about her chaotic personal life: three husbands, five children and struggles with her weight and domestic violence.


Rivera sold more than 20 million albums and, in recent years, had started to expand her business empire. She had a weekly radio program, clothing and cosmetics lines and a hand in several reality shows, including "I Love Jenni."


She and six others were killed Dec. 9 when a private jet that had departed Monterrey, Mexico, nose-dived 28,000 feet in 30 seconds and smashed into mountainous terrain. Rivera was 43.


"My sister, Jenni, died in a plane accident, but it was not an accident," Pedro Rivera Jr., a pastor and Rivera's brother, told the crowd in Spanish. "God has a purpose for all of us and God let us borrow her for 43 years and enjoy her."


It was clear how deeply Rivera had touched her legion of fans.


At the memorial, several well-known Latino singers performed, including Ana Gabriel, Olga Tanon and Joan Sebastian.


Outside, her fan base arrived early, blasting her music from cars decorated with tributes: "Jenni, we love you" and "We are going to miss you." They wore Jenni Rivera T-shirts and Jenni Rivera pins and waved handmade posters. One woman said Rivera was now performing "in a concert with God."


Lidia Farrias and her husband, Jose, drove three hours from Santa Maria. They didn't have tickets — the event sold out within minutes — so they shivered outside, eyes fixed on two jumbo screens streaming the memorial. Farrias said Rivera's frank lyrics had encouraged her to be a stronger woman.


"Whenever I listened to her songs, I felt like I could tackle anything," she said.


Denise Montalvo, 15, had left San Diego at 1 a.m. with her mother, aunt and two family friends. She admired Rivera for striving to obtain a better life, just like Denise's family. The teenager said Rivera wanted her funeral to be a celebration, reflecting her song "Cuando Muere una Dama" — "When a Lady Dies."


"We're trying not to be sad," she said.


That was hard for fans, particularly as the memorial wound down. One by one, each of Rivera's family members placed a white rose on her casket. Some whispered to it. Some kissed it. Then they walked away.


ruben.vives@latimes.com


adolfo.flores@latimes.com


Times staff writer Ashley Powers contributed to this report.





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Brazilian company releases the ‘IPHONE’ after trademarking the name back in 2000









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$66M Kinkade estate dispute secretly settled






SAN JOSE, Calif. (AP) — Thomas Kinkade‘s widow and girlfriend have reached a settlement after a dispute over the late artist’s $ 66 million estate, their attorneys said Wednesday.


The San Jose Mercury News reports (http://bit.ly/Wq5kti ) that counsel for Nanette Kinkade and his girlfriend Amy Pinto announced the settlement but wouldn’t provide further details, leaving it unclear who will inherit Kinkade’s San Francisco Bay area mansion and his warehouse of paintings.






In a statement, they said the women kept Kinkade’s message of “love, spirituality and optimism” in their amicable resolution.


The dispute went public after the 54-year-old artist died April 6 from an accidental overdose of alcohol and prescription tranquilizers.


Pinto, who began dating Kinkade six months after his marriage of 28 years imploded, claimed Kinkade wrote two notes bequeathing her his mansion and $ 10 million to establish a museum of his paintings. Her lawyers filed court papers stating that she and Kinkade had planned to marry as soon as his divorce went through.


Nanette Kinkade disputed those claims and sought full control of the estate. She portrayed Pinto in court papers as a gold-digger who is trying to cheat the artist’s rightful heirs.


Kinkade, the self-described “Painter of Light,” was known for sentimental scenes of country gardens and pastoral landscapes. His work led to a commercial empire of franchised galleries, reproduced artwork and spin-off products that was said to fetch some $ 100 million each year in sales.


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Recipes for Health: Spiced Roasted Almonds


Andrew Scrivani for The New York Times


Spiced roasted almonds.







Roasted nuts are standard snacks, and almonds are a healthy food. But it is easy to eat too many. I find that if they are a little spicy or hot, delicious as they are, they are not quite as addictive.


 


3 cups (about 400 grams) almonds


2 teaspoons extra virgin olive oil


Salt to taste


1/4 to 1/2 teaspoon cayenne, or to taste


1 to 2 teaspoons finely chopped fresh thyme or 1/2 to 1 teaspoon crumbled dried thyme (optional)


 


1. Preheat the oven to 350 degrees. Toss the almonds with olive oil, salt and cayenne, and place on a baking sheet. Roast in the hot oven until they begin to crackle and smell toasty, 15 to 20 minutes. Be careful when you open the oven door because the capsicum in the cayenne is quite volatile, so avoid breathing in, and be careful of your eyes. Remove from the heat and allow to cool. Toss with the thyme.


Yield: 3 cups (about 20 handfuls)


Advance preparation: Keep these in an air tight container in the freezer and they will be good for a couple of weeks.


Nutritional information per 20 grams (about 18 almonds): 119 calories; 10 grams fat; 1 gram saturated fat; 2 grams polyunsaturated fat; 7 grams monounsaturated fat; 0 milligrams cholesterol; 4 grams carbohydrates; 2 grams dietary fiber; 0 milligrams sodium (does not include salt to taste); 4 grams protein


 


​Up Next: Marinated Olives


 


Martha Rose Shulman is the author of “The Very Best of Recipes for Health.”


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Panel faults security failures in Benghazi attacks









WASHINGTON — The State Department was guilty of "systematic failures" in security that made the deadly Sept. 11 terrorist attacks on the U.S. mission in Libya possible, a high-level investigative panel concluded in an unflinching examination made public late Tuesday.


The panel faulted the department for ignoring requests from U.S. diplomats in Tripoli for security assistance and for relying on ill-prepared local militias and inadequate equipment to protect the mission in Benghazi. It found that two key bureaus failed to properly coordinate their security planning, and it pointed to a failure in leadership by officials at several levels.


"Systematic failures and leadership and management deficiencies at senior levels within two bureaus of the State Department resulted in a … security posture that was inadequate for Benghazi and grossly inadequate to deal with the attack that took place," the report says.





The attacks by dozens of Islamist militants killed Ambassador J. Christopher Stevens and three other Americans and set off a broad reexamination of how the U.S. government protects its thousands of diplomats in dangerous parts of the world. The incident has also become the focus of a months-long battle between the Obama administration and Republican critics, who contend officials have sought to cover up their lapses.


United Nations Ambassador Susan Rice was among those caught up in the political fray, eventually withdrawing her name from consideration as secretary of State after fierce criticism of her comments on television talk shows regarding the Benghazi attacks.


According to the report, which is likely to represent the government's lasting judgment on the attacks, the assault was the calculated effort of militants and not a "spontaneous" reaction of an outraged crowd, the first explanation offered by U.S. officials.


Yet the five-member independent panel said that, despite the lapses, no officials had failed to carry out their duties in a way that required disciplinary action.


It also determined that there had been "no immediate, specific intelligence" on the threat against the mission.


The report prepared for lawmakers includes classified sections.


Secretary of State Hillary Rodham Clinton said in a letter to congressional committees that she has accepted "every one" of the Accountability Review Board's 29 recommendations, several of which remain classified.


She praised the board, saying that it had offered "a clear-eyed look at serious, systematic challenges that we have already begun to fix."


To begin remedying the problems, officials are planning to reallocate $1.3 billion that was to be spent in Iraq to add hundreds of Marine guards and diplomatic security personnel, and to bolster security infrastructure in dangerous locations.


The board, which was convened in September, was led by retired Ambassador Thomas Pickering and former Joint Chiefs of Staff Chairman Adm. Michael G. Mullen. The two will meet Wednesday in closed session with the Senate and House foreign affairs committees to discuss the findings.


On Thursday, the committees will convene again in public session to discuss the report with Clinton's deputies, William J. Burns and Thomas Nides. Clinton had agreed to appear before the committees Thursday, but asked to be excused last weekend after suffering a mild concussion in a fall. She has told the committees she would answer their questions in January.


The report criticizes officials for waiting to react to specific threats rather than anticipating the dangers that U.S. officials could face in a deteriorating security environment.


More than a year after the end of the end of a revolution that brought down Libyan leader Moammar Kadafi, the nation is still overrun by rival armed groups and lacks a central authority that can guarantee security for foreign missions, as it is required to do under international agreements.


Accountability Review Boards are set up under federal law to examine failures and assign blame. This one found shortcomings in the bureaucratic system, in personnel and equipment.


The report details how the Libyan militias that were supposed to protect the compound were not capable of carrying out the assignment. It deems the mission's fire-safety equipment and physical protections inadequate, and adds that the security arrangements were weakened by the relative inexperience and rapid turnover of personnel, despite their courage.


It also cites "diminished institutional knowledge, continuity and mission capacity."


The report says the mission security shortcomings were made clear by Stevens' trip to Benghazi. Stevens, one of the most respected U.S. diplomats in the region, believed that he faced no special threat in his visit to Benghazi, even though the general level of risk had been on the rise for much of the year.


And the security officials assigned to protect him were not even aware of the specifics of his plans to travel outside the compound during his visit, the panel said.


The investigative panel found that although officials in the U.S. Embassy in Tripoli had sought more security staffing in Benghazi, they had generally not done enough to try to improve security at the lightly protected Benghazi mission.


It said their faith in a local militia and contract security personnel was "misplaced," noting that some militia members had stopped accompanying the mission vehicles to protest their salary and hours.


Among State Department personnel, "there appeared to be very real confusion over who, ultimately, was responsible and empowered to make decisions based on both policy and security considerations," the report says.


The report says certain senior officials in the State Department's Diplomatic Security and Near East Affairs bureaus, whom it didn't identify, "demonstrated a lack of proactive leadership and management ability" in their responses. "However, the board did not find a reasonable cause to determine that any individual employee breached his or her duty," it adds.


The report calls for a strengthening of security and for the department to "urgently review the proper balance between acceptable risk and expected outcomes in high risk, high threat areas."


paul.richter@latimes.com





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