Te'o Denies Involvement in Girlfriend Hoax

Notre Dame star linebacker Manti Te'o told ESPN that he "never, not ever" was involved in creating the hoax that had him touting what turned out to be a fictional girlfriend, "Lennay Kekua."

"When they hear the facts, they'll know," Te'o told ESPN's Jeremy Schaap in his first interview since the story broke. "They'll know that there is no way that I could be a part of this."

"I wasn't faking it," he said during a 2 1/2-hour interview, according to ESPN.com.

Te'o said he only learned for sure this week that he had been duped. On Wednesday, he received a Twitter message, allegedly from a man named Ronaiah Tuiasosopo, apologizing for the hoax, Te'o told Schaap.

The sports website Deadspin, which first revealed the hoax this week, has reported that Tuiasosopo, a 22-year-old of Samoan descent who lives in Antelope Valley, Calif., asked a woman he knew for her photo and that photo became the face of Kekua's Twitter account.

Te'o told Schaap that Tuiasosopo was represented to him as Kekua's cousin.

"I hope he learns," Te'o said of Tuiasosopo, according to coverage of the interview on ESPN.com. "I hope he understands what he's done. I don't wish an ill thing to somebody. I just hope he learns. I think embarrassment is big enough."

Click Here for a Who's Who in the Manti Te'o Case

AP Photo/ESPN Images, Ryan Jones

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Te'o admitted to a few mistakes in his own conduct, including telling his father he met Kekua in Hawaii even though his attempt to meet her actually failed. Later retellings of that tale led to inconsistencies in media reports, Te'o said, adding that he never actually met Kekua in person.

Te'o added that he feared people would think it was crazy for him to be involved with someone that he never met, so, "I kind of tailored my stories to have people think that, yeah, he met her before she passed away."

The relationship got started on Facebook during his freshman year, Te'o said.

"My relationship with Lennay wasn't a four-year relationship," Te'o said, according to ESPN.com. "There were blocks and times and periods in which we would talk and then it would end."

He showed Schaap Facebook correspondence indicating that other people knew of Kekua -- though Te'o now believes they, too, were tricked.

The relationship became more intense, Te'o said, after he received a call that Kekua was in a coma following a car accident involving a drunk driver on April 28.

Soon, Te'o and Kekua became inseparable over the phone, he said, continuing their phone conversations through her recovery from the accident, and then during her alleged battle against leukemia.

Even so, Te'o never tried to visit Kekua at her hospital in California.

"It never really crossed my mind," he said, according to ESPN.com. "I don't know. I was in school."

But the communication between the two was intense. They even had ritual where they discussed scripture every day, Te'o said. His parents also participated via text message, and Te'o showed Schaap some of the texts.

On Sept. 12, a phone caller claiming to be Kekua's relative told Te'o that Kekua had died of leukemia, Te'o said. However, on Dec. 6, Te'o said he got a call allegedly from Kekua saying she was alive. He said he was utterly confused and did not know what to believe.

ESPN's 2 1/2-hour interview was conducted in Bradenton, Fla., with Te'o's lawyer present but without video cameras. Schaap said Te'o was composed, comfortable and in command, and that he said he didn't want to go on camera to keep the setting intimate and avoid a big production.

According to ABC News interviews and published reports, Te'o received phone calls, text messages and letters before every football game from his "girlfriend." He was in contact with her family, including a twin brother, a second brother, sister and parents. He called often to check in with them, just as he did with his own family. And "Kekua" kept in contact with Te'o's friends and family, and teammates spoke to her on the phone.

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Manti Te'o's Fake Girlfriend May Have Duped Others

Notre Dame star linebacker Manti Te'o's fake girlfriend "Lennay Kekua" may have hoaxed other unsuspecting suitors.

"Catfish" movie director and actor Ariel Schulman told "Good Morning America" today that he believes there may have been "a few other people duped by the fake Lennay character."

Schulman and his brother Nev Schulman have been looking into the elaborate scam and claim to be corresponding with various players involved. They have come to believe that there were "a lot of other people that she was corresponding with before and maybe even during her relationship [with Te'o]."

Nev Schulman was the subject of the 2010 movie "Catfish," which spawned the TV series, because he himself was sucked in by an Internet pretender -- or a "catfish" -- who built an elaborate fake life.

As questions mount about Te'o's possible role in the complex scam, the number one question is whether Te'o was unknowingly ensnared, as he says, or whether he was complicit in the scam.

"I stand by the guy. My heart goes out to him," Ariel Schulman said. His brother has reached out to Te'o, but has not heard back.

"He had his heart broken," Schulman said. "He was grieving for someone, whether she existed or not. Those were real feelings."

Streeter Lecka/Getty Images

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Click here for a who's who in the Manti Te'o case

Te'o has kept a low-profile since the news of the scandal broke. He released a statement calling the situation "incredibly embarrassing" and maintaining that he was a victim of the hoax.

He was captured briefly by news cameras on Thursday at a Florida training facility, but has not spoken publicly.

As for the woman whose photo was used as the face of Lennay Kekua, "Inside Edition" has identified her as Diane O'Meara who is very much alive. The show caught up with her on Thursday, but she declined to comment.

ABC News' legal analyst Dan Abrams said that O'Meara may be the one person in the scandal with the power to sue since her likeness was taken and used without her permission.

As for Te'o, even if he knew about the deception, it appears that he did not do anything illegal.

"He's allowed to lie to the public. He's allowed to lie to the media. He's not allowed to lie to the authorities," Abrams said on "Good Morning America."

Questions also remain about the timeline of events and when Te'o discovered that the "love of his life," as he called her, was nothing more than a fake Internet persona.

According to Notre Dame's timeline of events, Te'o learned his girlfriend didn't exist on Dec. 6.

But in a Dec. 8 interview with South Bend, Ind., TV station WSBT, Te'o said, "I really got hit with cancer. I lost both my grandparents an my girlfriend to cancer." And on Dec. 11, he talked about his girlfriend in a newspaper interview.

Te'o alerted Notre Dame on Dec. 26 about the scam, the university said.

Click here for more scandalous public confessions.

Skeptics have also cited comments by Te'o's father Brian Te'o who told a newspaper how Kekua used to visit his son in Hawaii.

Notre Dame athletic director Jack Swarbrick said the university launched their own investigation.

"Our investigators, through their work, were able to discover online chatter between the perpetrators," Swarbrick said at a Wednesday news conference. "That was sort of the ultimate proof."

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Notre Dame: Football Star Was 'Catfished' in Hoax

Notre Dame's athletic director and the star of its near-championship football team said the widely-reported death of the star's girlfriend from leukemia during the 2012 football season was apparently a hoax, and the player said he was duped by it as well.

Manti Te'o, who led the Fighting Irish to the BCS championship game this year and finished second for the Heisman Trophy, said in a statement today that he fell in love with a girl online last year who turned out not to be real.

The university's athletic director, Jack Swarbrick, said it has been investigating the "cruel hoax" since Te'o approached officials in late December to say he believed he had been tricked.

Private investigators hired by the university subsequently monitored online chatter by the alleged perpetrators, Swarbrick said, adding that he was shocked by the "casual cruelty" it revealed.

"They enjoyed the joke," Swarbrick said, comparing the ruse to the popular film "Catfish," in which filmmakers revealed a person at the other end of an online relationship was not who they said they were.

"While we still don't know all of the dimensions of this ... there are certain things that I feel confident we do know," Swarbrick said. "The first is that this was a very elaborate, very sophisticated hoax, perpetrated for reasons we don't understand."

Mike Ehrmann/Getty Images

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Te'o said during the season that his girlfriend, Lennay Kekua, died of leukemia in September on the same day Te'o's grandmother died, triggering an outpouring of support for Te'o at Notre Dame and in the media.

"While my grandma passed away and you take, you know, the love of my life [Kekua]. The last thing she said to me was, 'I love you,'" Te'o said at the time, noting that he had talked to Kekua on the phone and by text message until her death.

Now, responding to a story first reported by the sports website Deadspin, Te'o has acknowledged that Kekua never existed. The website reported today that there were no records of a woman named Lennay Kekua anywhere.

Te'o denied that he was in on the hoax.

"This is incredibly embarrassing to talk about, but over an extended period of time, I developed an emotional relationship with a woman I met online," Te'o said in a statement released this afternoon. "We maintained what I thought to be an authentic relationship by communicating frequently online and on the phone, and I grew to care deeply about her."

Swarbrick said he expected Te'o to give his version of events at a public event soon, perhaps Thursday, and that he believed Te'o's representatives were planning to disclose the truth next week until today's story broke.

Deadspin reported that the image attached to Kekua's social media profiles, through which the pair interacted, was of another woman who has said she did not even know Te'o or know that her picture was being used. The website reported that it traced the profiles to a California man who is an acquaintance of Te'o and of the woman whose photo was stolen.

"To realize that I was the victim of what was apparently someone's sick joke and constant lies was, and is, painful and humiliating," Te'o said.

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NRA Ad Calls Obama 'Elitist Hypocrite'

Pablo Martinez Monsivais/AP Photo

As the White House prepares to unveil a sweeping plan aimed at curbing gun violence, the National Rifle Association has launched a preemptive, personal attack on President Obama, calling him an “elitist hypocrite” who, the group claims, is putting American children at risk.

In 35-second video posted online Tuesday night, the NRA criticizes Obama for accepting armed Secret Service protection for his daughters, Sasha and Malia, at their private Washington, D.C., school while questioning the placement of similar security at other schools.

“Are the president’s kids more important than yours? Then why is he skeptical about putting armed security in our schools, when his kids are protected by armed guards at their school?” the narrator says.

“Mr. Obama demands the wealthy pay their fair share of taxes, but he’s just another elitist hypocrite when it comes to a fair share of security,” it continues. “Protection for their kids and gun-free zones for ours.”

The immediate family members of U.S. presidents – generally considered potential targets – have long received Secret Service protection.

The ad appeared on a new website for a NRA advocacy campaign – “NRA Stand and Fight” — that the gun-rights group appears poised to launch in response to Obama’s package of gun control proposals that will be announced today.

An NRA spokesman said the video is airing on the Sportsman Channel and on the web for now but may appear in other broadcast markets at a later date.

The White House had no comment on the NRA ad.

In the wake of last month’s mass shooting at Sandy Hook Elementary School, the Obama administration has met with a cross-section of advocacy groups on all sides of the gun debate to formulate new policy proposals.

The NRA, which met with Vice President Joe Biden last week, has opposed any new legislative gun restrictions, including expanded background checks and limits on the sale of assault-style weapons, instead calling for armed guards at all American schools.

Obama publicly questioned that approach in an interview with “Meet the Press” earlier this month, saying, “I am skeptical that the only answer is putting more guns in schools. And I think the vast majority of the American people are skeptical that that somehow is going to solve our problem.”

Still, the White House has been considering a call for increased funding for police officers at public schools and the proposal could be part of a broader Obama gun policy package.

Fifty-five percent of Americans in the latest ABC News/Washington Post poll say they support adding armed guards at schools across the country.

“The issue is, are there some sensible steps that we can take to make sure that somebody like the individual in Newtown can’t walk into a school and gun down a bunch of children in a shockingly rapid fashion.  And surely, we can do something about that,” Obama said at a news conference on Monday.

“Responsible gun owners, people who have a gun for protection, for hunting, for sportsmanship, they don’t have anything to worry about,” he said.

ABC News’ Arlette Saenz, Mary Bruce and Jay Shaylor contributed reporting. 

This post was updated at 9:32 am on Jan. 16 to reflect include comment from an NRA spokesman.

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Oprah Describes Intense Armstrong Interview

Oprah Winfrey said today that disgraced cyclist Lance Armstrong came well prepared for their highly anticipated interview, although he "did not come clean in the manner [she] expected."

Winfrey, who discussed the interview on "CBS This Morning" today, said, "We were mesmerized and riveted by some of his answers. I feel that he answered the questions in a way that he was ready. … He certainly had prepared himself for this moment. … He brought it. He really did."

Armstrong had apologized to staffers at the Livestrong Foundation before the Monday interview with Winfrey at a hotel in Austin, Texas, and reportedly admitted to them that he used performance-enhancing drugs throughout his storied career.

Armstrong also confessed to Winfrey to using the drugs, sources have told ABC News. Winfrey said this morning that the entire interview, for which she had prepared 112 questions, was difficult.

"I would say there were a couple of times where he was emotional," she said. "But that doesn't describe the intensity at times."

As for the cyclist's sense of remorse, Winfrey said that will be for viewers to decide.
"I would rather people make their own decisions about whether he was contrite or not," she said.

The interview will air on the OWN network for two nights, starting at 9 p.m. ET Thursday and continuing Friday.

Meanwhile, the federal government is likely to join a whistle-blower lawsuit against Armstrong, originally filed by his former cycling teammate Floyd Landis, sources told ABC News.

The government is seeking to recoup millions of dollars from Armstrong after years of his denying that he used performance-enhancing drugs, the sources said. The U.S. Postal Service, which is an independent agency of the federal government, was a longtime sponsor of Armstrong's racing career.

Joel Saget/AFP/Getty Images

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The deadline for the government's potentially joining in the matter was a likely motivation for Armstrong's interview with Winfrey, sources told ABC News.

The lawsuit remains sealed in federal court.

Armstrong is now talking with authorities about possibly paying back some of the Postal Service sponsorship money, a government source told ABC News Monday.

The deadline for the department to join the case is Thursday, the same day Armstrong's much-anticipated interview with Winfrey is set to air.

Armstrong is also talking to authorities about confessing and naming names, giving up others involved in illegal doping. This could result in a reduction of his lifetime ban, according to a source, if Armstrong provides substantial and meaningful information.

As for the Winfrey interview, it was Armstrong's first since officials stripped him of his world cycling titles in response to doping allegations.

Word of Armstrong's admission comes after a Livestrong official said that Armstrong apologized Monday to the foundation's staff ahead of his interview.

The disgraced cyclist gathered with about 100 Livestrong Foundation staffers at their Austin headquarters for a meeting that included social workers who deal directly with patients as part of the group's mission to support cancer victims.

Armstrong's "sincere and heartfelt apology" generated lots of tears, spokeswoman Katherine McLane said, adding that he "took responsibility" for the trouble he has caused the foundation.

McLane declined to say whether Armstrong's comments included an admission of doping, just that the cyclist wanted the staff to hear from him in person rather than rely on second-hand accounts.

Armstrong then took questions from the staff.

Armstrong's story has never changed. In front of cameras, microphones, fans, sponsors, cancer survivors -- even under oath -- Lance Armstrong hasn't just denied ever using performance enhancing drugs, he has done so in an indignant, even threatening way.

Armstrong, 41, was stripped of his seven Tour de France titles and banned from the sport for life by the U.S. Anti-Doping Agency in October 2012, after allegations that he benefited from years of systematic doping, using banned substances and receiving illicit blood transfusions.

"Lance Armstrong has no place in cycling and he deserves to be forgotten in cycling," Pat McQuaid, the president of the International Cycling Union, said at a news conference in Switzerland announcing the decision. "This is a landmark day for cycling."

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Golden Globe Moments: A Night of Laughs, Surprises

Let's finally bury this idea that women can't be funny once and for all. Fey and Poehler were undeniably hilarious throughout the Globes, so much so that many fans on Twitter demanded more of them during the ceremony. From their opening bit -- Poehler: "Meryl Streep is not here tonight, she has the flu. And I hear she's amazing in it." -- to their pseudo drunk heckling of best TV comedy actress winner Lena Dunham, they were radiant, energetic, and above all, funny. More please.

Foster made her acceptance of the Cecil B. DeMille lifetime achievement award a coming out, of sorts. She first shocked the audience by leading them to think that she was about to make a huge public statement about her sexuality. Instead, she said she was single, adding "I already did my coming out in the stone age."

"Now, apparently, I'm told that every celebrity is expected to honor the details of their private life with a press conference ... You guys might be surprised, but I'm not Honey Boo Boo child," she said, to a flurry of laughter and applause.

"If you had been a public figure from the time that you were a toddler ... then maybe you too might value privacy above all else," she said. "Privacy."

But Foster did specifically thank her ex-partner Cydney Bernard, with whom she has two kids. Both boys gestured to her from the audience.

She also implied that she was retiring from acting when she said she would not be returning to the Globes stage or any stage. "It's just that from now on, I may be holding a different talking stick," Foster said, bringing many in the audience to tears.

But backstage, Foster clarified to reporters that she was not retiring from acting. "Oh that's so funny," she responded to reporters. "You couldn't drag me away. And I'd like to be directing tomorrow."

It takes a lot to make Hollywood star struck. Bill Clinton did it when he strutted on stage to introduce a clip of "Lincoln," which was up for best drama. He brought the crowd of A-listers to its feet and commended the 16th president. "We're all here tonight because he did it," he said of Lincoln's battle to end slavery.

If there was any doubt that Lena Dunham wasn't Hollywood's next big thing, it was obliterated Sunday night. The star and creator of HBO's "Girls" went home with two awards, best actress in a TV comedy and best TV comedy. Her heartfelt acceptance speech for best actress struck a chord: "This award is for everyone who feels like there wasn't a place for her," she said. "This show made a space for me."

Jessica Chastain won the Globe for best actress in a drama for "Zero Dark Thirty." She offered a moving tribute to director Kathryn Bigelow, the first woman to win a best director Oscar who failed to get a nomination for that award this year, though "ZDT" was up for a slew of other awards, including best picture. "I can't help but compare my character of Maya to you," Chastain said to Bigelow. "When you make a film that allows your character to disobey the conventions of Hollywood, you've done more for women in cinema than you take credit for."

Blame it on nerves, the spirit of spontaneity, or the a-a-a-a-alcohol (apologies to Jamie Foxx), but Jennifer Lawrence's acceptance speech was a tad insulting to a Hollywood icon, if totally hilarious. "Oh what does it say?" she asked, looking at her trophy. "I beat Meryl." She meant Meryl Streep, who was also up for the award.

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Poisoned Lottery Winner's Kin Were Suspicious

Urooj Khan had just brought home his $425,000 lottery check when he unexpectedly died the following day. Now, certain members of Khan's family are speaking publicly about the mystery -- and his nephew told ABC News they knew something was not right.

"He was a healthy guy, you know?" said the nephew, Minhaj Khan. "He worked so hard. He was always going about his business and, the thing is: After he won the lottery and the next day later he passes away -- it's awkward. It raises some eyebrows."

The medical examiner initially ruled Urooj Khan, 46, an immigrant from India who owned dry-cleaning businesses in Chicago, died July 20, 2012, of natural causes. But after a family member demanded more tests, authorities in November found a lethal amount of cyanide in his blood, turning the case into a homicide investigation.

"When we found out there was cyanide in his blood after the extensive toxicology reports, we had to believe that ... somebody had to kill him," Minhaj Khan said. "It had to happen, because where can you get cyanide?"

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Authorities could be one step closer to learning what happened to Urooj Khan. A judge Friday approved an order to exhume his body at Rosehill Cemetery in Chicago as early as Thursday to perform further tests.

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Moments after the court hearing, Urooj Khan's sister, Meraj Khan, remembered her brother as the kind of person who would've shared his jackpot with anyone. Speaking at the Cook County Courthouse, she hoped the exhumation would help the investigation.

"It's very hard because I wanted my brother to rest in peace, but then we have to have justice served," she said, according to ABC News station WLS in Chicago. "So if that's what it takes for him to bring justice and peace, then that's what needs to be done."

Khan reportedly did not have a will. With the investigation moving forward, his family is waging a legal fight against his widow, Shabana Ansari, 32, over more than $1 million, including Urooj Khan's lottery winnings, as well as his business and real estate holdings.

Khan's brother filed a petition Wednesday to a judge asking Citibank to release information about Khan's assets to "ultimately ensure" that [Khan's] minor daughter from a prior marriage "receives her proper share."

Ansari may have tried to cash the jackpot check after Khan's death, according to court documents, which also showed Urooj Khan's family is questioning if the couple was ever even legally married.

Ansari, Urooj Khan's second wife, who still works at the couple's dry cleaning business, has insisted they were married legally.

She has told reporters the night before her husband died, she cooked a traditional Indian meal for him and their family, including Khan's daughter and Ansari's father. Not feeling well, Khan retired early, Ansari told the Chicago Sun-Times, falling asleep in a chair, waking up in agony, then collapsing in the middle of the night. She said she called 911.

"It has been an incredibly hard time," she told ABC News earlier this week. "We went from being the happiest the day we got the check. It was the best sleep I've had. And then the next day, everything was gone.

"I am cooperating with the investigation," Ansari told ABC News. "I want the truth to come out."

Ansari has not been named a suspect, but her attorney, Steven Kozicki, said investigators did question her for more than four hours.

Read More..

Poisoned Lottery Winner's Kin Were Suspicious

Urooj Khan had just brought home his $425,000 lottery check when he unexpectedly died the following day. Now, certain members of Khan's family are speaking publicly about the mystery -- and his nephew told ABC News they knew something was not right.

"He was a healthy guy, you know?" said the nephew, Minhaj Khan said. "He worked so hard. He was always going about his business and, the thing is: After he won the lottery and the next day later he passes away -- it's awkward. It raises some eyebrows."

The medical examiner initially ruled Urooj Khan, 46, an immigrant from India who owned dry-cleaning businesses in Chicago, died July 20, 2012, of natural causes. But after a family member demanded more tests, authorities in November found a lethal amount of cyanide in his blood, turning the case into a homicide investigation.

"When we found out there was cyanide in his blood after the extensive toxicology reports, we had to believe that ... somebody had to kill him," Minhaj Khan said. "It had to happen, because where can you get cyanide?"

In Photos: Biggest Lotto Jackpot Winners

Authorities could be one step closer to learning what happened to Urooj Khan. A judge Friday approved an order to exhume his body at Rosehill Cemetery in Chicago as early as Thursday to perform further tests.

Lottery Winner Murdered: Widow Questioned By Police Watch Video

Moments after the court hearing, Urooj Khan's sister, Meraj Khan, remembered her brother as the kind of person who would've shared his jackpot with anyone. Speaking at the Cook County Courthouse, she hoped the exhumation would help the investigation.

"It's very hard because I wanted my brother to rest in peace, but then we have to have justice served," she said, according to ABC News station WLS in Chicago. "So if that's what it takes for him to bring justice and peace, then that's what needs to be done."

Khan reportedly did not have a will. With the investigation moving forward, his family is waging a legal fight against his widow, Shabana Ansari, 32, over more than $1 million, including Urooj Khan's lottery winnings, as well as his business and real estate holdings.

Khan's brother filed a petition Wednesday to a judge asking Citibank to release information about Khan's assets to "ultimately ensure" that [Khan's] minor daughter from a prior marriage "receives her proper share."

Ansari may have tried to cash the jackpot check after Khan's death, according to court documents, which also showed Urooj Khan's family is questioning if the couple was ever even legally married.

Ansari, Urooj Khan's second wife, who still works at the couple's dry cleaning business, has insisted they were married legally.

She has told reporters the night before her husband died, she cooked a traditional Indian meal for him and their family, including Khan's daughter and Ansari's father. Not feeling well, Khan retired early, Ansari told the Chicago Sun-Times, falling asleep in a chair, waking up in agony, then collapsing in the middle of the night. She said she called 911.

"It has been an incredibly hard time," she told ABC News earlier this week. "We went from being the happiest the day we got the check. It was the best sleep I've had. And then the next day, everything was gone.

"I am cooperating with the investigation," Ansari told ABC News. "I want the truth to come out."

Ansari has not been named a suspect, but her attorney, Steven Kozicki, said investigators did question her for more than four hours.

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Teen to Hero Teacher: 'I Don't Want to Shoot You'

A California teacher'sbrave conversation with a 16-year-old gunman who had opened fire on his classroom bullies allowed 28 other students to quickly escape what could have been a massacre.

Science teacher Ryan Heber calmly confronted the teenager after he shot and critically wounded a classmate, whom authorities say had bullied the boy for more than year at Taft Union High School.

"I don't want to shoot you," the teen gunman told Heber, who convinced the teen gunman to drop his weapon, a high power shotgun.

Responding to calls of shots fired, campus supervisor Kim Lee Fields arrived at the classroom and helped Heber talk the boy into giving up the weapon.

"This teacher and this counselor stood there face-to-face not knowing if he was going to shoot them," said Kern County Sheriff Donny Youngblood. "They probably expected the worst and hoped for the best, but they gave the students a chance to escape."

One student, who police say the shooter had targeted, was shot. He was airlifted to a hospital and remains in critical, but stable condition, Youngblood said. He is expected to undergo surgery today.

Two other students received minor injuries. One suffered hearing loss and another fell over a table while evacuating. Heber received a wound to his head from a stray pellet, police said.

Taft Midway Driller/Doug Keeler/AP Photo

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Police said the teen, whose name has not been made public because he is a minor, began plotting on Wednesday night to kill two students he felt had bullied him.

Authorities believe the suspect found his older brother's gun and brought it into the just before 9 a.m. on Thursday and went to Heber's second-floor classroom where a first period science class with 20 students was taking place.

"He planned the event," Youngblood said. "Certainly he believed that the two people he targeted had bullied him, in his mind. Whether that occurred or not we don't know yet."

The gunman entered the classroom and shot one of his classmates. Heber immediately began trying to talk him into handing over the gun, and evacuating the other students through the classroom's backdoor.

"The heroics of these two people goes without saying. ... They could have just as easily ... tried to get out of the classroom and left students, and they didn't," the sheriff said. "They knew not to let him leave the classroom with that shotgun."

The gunman was found with several rounds of additional ammunition in his pockets.

Within one minute of the shooting, a 911 call was placed and police arrived on the scene. An announcement was made placing the school on lockdown and warning teachers and students that the precautions were "not a drill."

The school had recently announced new safety procedures following last month's deadly shooting at a Newtown, Conn., elementary school in which 20 young children were killed. Six school staffers, including the principal, were killed as they tried to protect the children from gunman Adam Lanza.

The school employs an armed security guard, but he was not on campus Thursday morning.

Youngblood said the student would be charged with attempted murder, but the district attorney would decide if he was to be tried as an adult.

Some 900 students attend Taft Union High School, located in Taft, Calif., a rural community in southern California.

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Oscar Nominations 2013: Full List

"Lincoln" is leading the way to the 2013 Oscars. This morning, the bio pic about the 16th president picked up 12 Academy Award nominations, including best director for Steven Spielberg and best actor for Daniel Day-Lewis.

Ang Lee's "Life of Pi" followed close behind with 11 nominations. "Les Miserables" and "Silver Linings Playbook" tied for third place, with eight nominations each.

The Academy also named its eldest and youngest best actress nominees ever. "Beasts of the Southern Wild" star Quvenzhané Wallis, 9, is up for best actress along with "Amour" lead Emmanuelle Riva, 85.

See who made the cut below, and weigh in on who you want to win with Oscar.com's My Picks, an interactive and social Oscar ballot that allows you to pick who you think will win in each category. You can compete with your Facebook friends when the Academy Awards air on Feb. 24.

FULL COVERAGE: The 85th Annual Academy Awards

Best Picture:

"Beasts of the Southern Wild"

"Silver Linings Playbook"

"Zero Dark Thirty"

"Lincoln"

"Les Miserables"

"Life of Pi"

"Amour"

"Django Unchained"

"Argo"

My Picks: Create an Oscar Ballot and Play With Friends

Best Supporting Actor:

Christoph Waltz, "Django Unchained"

Philip Seymour Hoffman, "The Master"

Robert De Niro, "Silver Linings Playbook"

Alan Arkin, "Argo"

Tommy Lee Jones, "Lincoln"

Best Supporting Actress:

Sally Field, "Lincoln"

Anne Hathaway, "Les Miserables"

Jacki Weaver, "Silver Linings Playbook"

David James/Dreamworks/AP

Helen Hunt, "The Sessions"

Amy Adams, "The Master"

Best Director:

David O. Russell, "Silver Linings Playbook"

Ang Lee, "Life of Pi"

Steven Spielberg, "Lincoln"

Michael Haneke, "Amour"

Benh Zeitlin, "Beasts of the Southern Wild"

Best Actor:

Daniel Day Lewis, "Lincoln"

Denzel Washington, "Flight"

Hugh Jackman, "Les Miserables"

Bradley Cooper, "Silver Linings Playbook"

Joaquin Phoenix, "The Master"

Best Actress:

Naomi Watts, "The Impossible"

Jessica Chastain, "Zero Dark Thirty"

Jennifer Lawrence, "Silver Linings Playbook"

Emmanuelle Riva, "Amour"

Quvenzhané Wallis, "Beasts of the Southern Wild"

Best Original Screenplay:

"Zero Dark Thirty"

"Django Unchained"

"Moonrise Kingdom"

"Amour"

"Flight"

Best Adapted Screenplay:

"Lincoln"

"Silver Linings Playbook"

"Argo"

"Life of Pi"

"Beasts of the Southern Wild"

Best Animated Feature:

"Frankenweenie"

"The Pirates! Band of Misfits"

"Wreck-It Ralph"

"Paranorman"

"Brave"

Best Foreign Feature:

"Amour"

"A Royal Affair"

"Kon-Tiki"

"No"

"War Witch"

Best Visual Effects:

"Life of Pi"

"The Hobbit: An Unexpected Journey"

"The Avengers"

"Prometheus"

"Snow White and the Huntsman"

Best Cinematography:

"Skyfall"

"Anna Karenina"

"Django Unchained"

"Life of Pi"

"Lincoln"

Best Costume Design:

"Anna Karenina"

"Les Miserables"

"Lincoln"

"Mirror Mirror"

"Snow White and the Huntsman"

Best Documentary Feature:

"Searching for Sugar Man"

"How to Survive a Plague"

"The Gatekeepers"

"5 Broken Cameras"

"The Invisible War"

Best Documentary Short:

"Open Heart"

"Inocente"

"Redemption"

"Kings Point"

"Mondays at Racine"

"Snow White and the Huntsman"

Best Film Editing:

"Lincoln"

"Silver Linings Playbook"

"Life of Pi"

"Argo"

"Zero Dark Thirty"

Best Makeup and Hairstyling:

"Hitchcock"

"The Hobbit: An Unexpected Journey"

"Les Miserables"

Best Music (Original Score):

"Anna Karenina"

"Argo"

"Life of Pi"

"Lincoln"

"Skyfall"

Best Music (Original Song):

"Before My Time" from "Chasing Ice"

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Hospitals Flooded With Flu Patients

U.S. emergency rooms have been overwhelmed with flu patients, turning away some of them and others with non-life-threatening conditions for lack of space.

Forty-one states are battling widespread influenza outbreaks, including Illinois, where six people -- all older than 50 -- have died, according to the state's Department of Public Health.

At least 18 children in the country have died during this flu season, according to the U.S. Centers for Disease Control and Prevention.

The proportion of people seeing their doctor for flu-like symptoms jumped to 5.6 percent from 2.8 percent in the past month, according to the CDC.

Northwestern Memorial Hospital in Chicago reported a 20 percent increase in flu patients every day. Northwestern Memorial was one of eight hospitals on bypass Monday and Tuesday, meaning it asked ambulances to take patients elsewhere if they could do so safely.

Dr. Besser's Tips to Protect Yourself From the Flu

Earliest Flu Season in a Decade: 80 Percent of Country Reports Severe Symptoms Watch Video

Flu Season Hits Country Hard, 18 States Reach Epidemic Levels Watch Video

Most of the hospitals have resumed normal operations, but could return to the bypass status if the influx of patients becomes too great.

"Northwestern Memorial Hospital is an extraordinarily busy hospital, and oftentimes during our busier months, in the summer, we will sometimes have to go on bypass," Northwestern Memorial's Dr. David Zich said. "We don't like it, the community doesn't like it, but sometimes it is necessary."

A tent outside Lehigh Valley Hospital in Salisbury Township, Pa., was set up to tend to the overflowing number of flu cases.

A hospital in Ohio is requiring patients with the flu to wear masks to protect those who are not infected.

State health officials in Indiana have reported seven deaths. Five of the deaths occurred in people older than 65 and two younger than 18. The state will release another report later today.

Doctors are especially concerned about the elderly and children, where the flu can be deadly.

"Our office in the last two weeks has exploded with children," Dr. Gayle Smith, a pediatrician in Richmond, Va., said

It is the earliest flu season in a decade and, ABC News Chief Medical Editor Dr. Besser says, it's not too late to protect yourself from the outbreak.

"You have to think about an anti-viral, especially if you're elderly, a young child, a pregnant woman," Besser said.

"They're the people that are going to die from this. Tens of thousands of people die in a bad flu season. We're not taking it serious enough."

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Giffords, Kelly Say 'Enough' to Gun Violence

After she was gravely wounded by gunfire two years ago in Tucson, Ariz., former Rep. Gabrielle Giffords and her husband, Mark Kelly, imagined a life out of the public eye, where she would continue therapy surrounded by the friends, family and the Arizona desert she loves so much.

Gabby Giffords and Mark Kelly Speak Exclusively to Diane Sawyer

But after the slaughter of 20 first-graders and six adults at Sandy Hook Elementary School in Newtown, Conn., last month, Giffords and Kelly knew they couldn't stay silent.

"Enough," Giffords said.

The couple marked the second anniversary of the Tucson shooting by sitting down with Diane Sawyer to discuss their recent visit to Newtown and their new initiative to curb gun violence, "Americans for Responsible Solutions."

"After the shooting in Tucson, there was talk about addressing some of these issues, [and] again after [a movie theater massacre in] Aurora," Colo., Kelly said. "I'm hopeful that this time is different, and I think it is. Twenty first-graders' being murdered in their classrooms is a very personal thing for everybody."

Rep. Gabby Giffords on Meeting Newtown, Conn. Shooting Victims Watch Video

Gabby Giffords and Mark Kelly Speak Exclusively to Diane Sawyer Watch Video

Gabrielle Giffords: Pledge of Allegiance at DNC Watch Video

Full Coverage: Gabrielle Giffords

During their trip to Newtown, Giffords and Kelly met with families directly affected by the tragedy.

"[The] first couple that we spoke to, the dad took out his cell phone and showed us a picture of his daughter and I just about lost it, just by looking at the picture," Kelly said. "It was just very tough and it brought back a lot of memories about what that was like for us some two years ago."

Full Coverage: Tragedy in Newtown

"Strength," Giffords said she told the families in Newtown.

"Gabby often told them, 'You got to have strength. You got to fight for something,'" Kelly said.

The innocent faces of the children whose lives were abruptly taken reminded the couple, they said, of 9-year-old Christina-Taylor Green, the youngest victim to die in the Tucson shooting at a Giffords constituent event.

"I think we all need to try to do something about [gun violence]," Kelly said. "It's obvious to everybody we have a problem. And problems can be solved."

Giffords, Kelly Call for 'Common Sense' Solutions

Giffords, 42, and Kelly, 48, are both gun owners and supporters of the 2nd Amendment, but Kelly had strong words for the National Rifle Association after the group suggested the only way to stop gun violence is to have a "good guy with a gun."

There was a good guy with a gun, Kelly said, the day Jared Loughner shot Giffords and 18 other people, six fatally, at her "Congress on Your Corner" event.

"[A man came out] of the store next door and nearly shot the man who took down Jared Loughner," Kelly said. "The one who eventually wrestled [Loughner] to the ground was almost killed himself by a good guy with a gun, so I don't really buy that argument."

Instead, Giffords and Kelly are proposing "common sense" changes through "Americans for Responsible Solutions."

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Hagel Nomination Stirs Bipartisan Opposition

Two weeks before his inauguration, and with more "fiscal cliffs" on the horizon, President Obama is embracing a showdown with Congress over his pick to lead the Pentagon in his second term.

Obama will nominate former Republican Sen. Chuck Hagel to be the next Secretary of Defense at a formal White House announcement later today, administration officials said.

The president will name counterterrorism advisor John Brennan as the new CIA director to replace David Petraeus, rounding out an overhaul of his national security team.

Obama tapped Sen. John Kerry of Massachusetts last month to become the next Secretary of State.

Hagel is in many ways an ideal pick for Obama, giving nod to bipartisanship while appointing someone with a demonstrated commitment to veterans of Iraq and Afghanistan and to retooling and economizing the Pentagon bureaucracy for the future.

But the nomination of Hagel to replace outgoing Defense Secretary Leon Panetta is also politically charged, expected to trigger a brutal confirmation fight in the Senate, where a bipartisan group of critics has already lined up against the pick.

"This is an in your face nomination by the president to all of us who are supportive of Israel," Sen. Lindsey Graham, R-S.C., told CNN on Sunday. "I don't know what his management experience is regarding the Pentagon -- little, if any, so I think it's an incredibly controversial choice."

Obama's Defense Nominee Chuck Hagel Stirs Washington Lawmakers Watch Video

The criticism stems from Hagel's controversial past statements on foreign policy, including a 2008 reference to Israel's U.S. supporters as "the Jewish lobby" and public encouragement of negotiations between the United States, Israel and Hamas, a Palestinian group the State Department classifies as terrorists.

"Hagel has consistently been against economic sanctions to try to change the behavior of the Islamist regime, the radical regime in Tehran, which is the only way to do it, short of war," Sen. Joe Lieberman, I-Conn., said last month.

The Nebraska Republican has also drawn fire for his outspoken opposition to the 2003 U.S.-led war in Iraq and the subsequent troop "surge" ordered by then-President George W. Bush in 2007, which has been credited with helping bring the war to a close.

On the left, gay rights groups have protested Hagel for comments he made in 1998 disparaging then-President Bill Clinton's nominee for U.S. Ambassador to Luxembourg James Hormel as "openly, aggressively gay." Hagel has since apologized for the remark as "insensitive."

Top Senate Democrats tell ABC News there is no guarantee Hagel will win confirmation and that, as of right now, there are enough Democratic Senators with serious concerns about Hagel to put him below 50 votes.

But that could change, with many top lawmakers publicly vowing to withhold final judgment until Hagel has an opportunity to answer his critics during confirmation hearings. No senator has yet publicly vowed to filibuster the Hagel nomination.

Hagel is a decorated Vietnam veteran and businessman who served in the senate from 1997 to 2009. After having sat on that chamber's Foreign Relations and Intelligence committees, he has in recent years gathered praise from current and former diplomats for his work on Obama's Intelligence Advisory Board as well as the policy board of current Defense Secretary Leon Panetta.

"Chuck Hagel is a tremendous patriot and statesman, served incredibly in Vietnam, served this country as a United States senator. He hasn't had a chance to speak for himself. And so why all the prejudging?" said Sen. Heidi Heitkamp, D-N.D., on "This Week."

"In America, you give everybody a chance to speak for themselves and then we'll decide," she said.

The top Senate Republican echoed that sentiment. "I'm going to wait and see how the hearings go and see whether Chuck's views square with the job he would be nominated to do," Senate Minority Leader Mitch McConnell of Kentucky said.

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Defiant Assad Vows to Hold Firm in Syria

President Bashar Assad called on Syrians to defend their country against religious extremists seeking to destroy the nation, dismissing any prospect of dialogue with the "murderous criminals" he says are behind the uprising even as he outlined his vision for a peaceful settlement to the civil war.

In a one-hour speech to the nation in which he appeared confident and relaxed, Assad struck a defiant tone, ignoring international demands for him to step down and saying he is ready to hold a dialogue but only with those "who have not betrayed Syria."

He offered a national reconciliation conference, elections and a new constitution but demanded regional and Western countries stop funding and arming rebels trying to overthrow him first.

Syria's opposition swiftly rejected the proposal. Those fighting to topple the regime, including rebels on the ground, have repeatedly said they will accept nothing less than the president's departure, dismissing any kind of settlement that leaves him in the picture.

"It is an excellent initiative that is only missing one crucial thing: His resignation," said Kamal Labwani, a veteran secular dissident and member of the opposition's Syrian National Coalition umbrella group.

"All what he is proposing will happen automatically, but only after he steps down," Lawani told The Associated Press by telephone from Sweden.

Remy de la Mauviniere/AP Photo

On top of that, Assad's new initiative is reminiscent of symbolic changes and concessions that his government made earlier in the uprising, which were rejected at the time as too little too late.

Speaking at the Opera House in central Damascus, Assad told the hall packed with supporters — who frequently broke out in cheers and applause — that "we are in a state of war."

"We are fighting an external aggression that is more dangerous than any others, because they use us to kill each other," he said. "It is a war between the nation and its enemies, between the people and the murderous criminals."

Assad has rarely spoken since the uprising against his rule began in March 2011, and Sunday's speech was his first since June. His last public comments came in an interview in November to Russian TV in which he vowed to die in Syria.

On Sunday, he seemed equally confident in his troops' ability to crush the rebels fighting his rule, even as they edge in closer than ever to his seat of power, Damascus.

British Foreign Secretary William Hague said Assad's speech was "beyond hypocritical." In a message posted on his official Twitter feed, Hague said "empty promises of reform fool no one."

EU foreign policy chief Catherine Ashton's office said in a statement that the bloc will "look carefully if there is anything new in the speech but we maintain our position that Assad has to step aside and allow for a political transition."

Wearing a suit and tie, Assad spoke before a collage of pictures of what appeared to be Syrians who have been killed since March 2011. At the end of his speech and as he was leaving the hall, he was mobbed by a group of loyalists shouting: "With our blood and souls we redeem you, Bashar!"

The president waved and blew kisses to the crowd on his way out.

Assad acknowledged the enormous impact of the conflict, which the United Nations recently estimated had killed more than 60,000 people.

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Chelsea Clinton Raises Profile During Mom's Illness

While Hillary Clinton was in the hospital it was daughter Chelsea -- not the secretary of state or the former president Bill Clinton -- who spoke for the family.

She, along with the State Department, doled out what little information the family wanted to share in a series of tweets and when her mother was released from the hospital, it was Chelsea who delivered the thanks on behalf of her parents, tweeting her gratitude to the doctors as well as those who kept her mother in their thoughts while she recovered from a blood clot.

When Hillary Clinton leaves office, possibly at the end of this month, it will be the first time since 1982 that a Clinton will not be holding a public office.

The watch will be on whether Hillary Clinton makes another run for the White House in 2016, but almost inevitably people will also be watching to see if Chelsea Clinton decides to run for office, too.

"Americans always look for dynasties: Bush, Kennedy, Cuomo, Clinton … it's some kind of continuity. There will always be pressure on her to run for public office," said Hank Sheinkopf, a Democratic political strategist in New York.

"She's learning from the two best politicians in recent American history and she understands when to hold them and when to fold them," Sheinkopf said.

That sense of dynasty could also present a significant hurdle.

James Devaney/Getty Images

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"She's got to A, demonstrate that she has the charisma of her father, or B, demonstrate that she has the policy chops of her mother. And I think like most people she is somewhere in between," a former Hillary Clinton aide from her 2008 campaign said. "People are judging her through each of her parents and it's an impossible standard."

Chelsea Clinton, 32, has inched towards a possible political career in recent statements and has become more politically active.

In an interview with Vogue published in August she was more open to it than she has been in the past, telling the magazine, "Before my mom's (presidential) campaign I would have said no," but "now I don't know."

"I believe that engaging in the political process is part of being a good person. And I certainly believe that part of helping to build a better world is ensuring that we have political leaders who are committed to that premise. So if there were to be a point where it was something I felt called to do and I didn't think there was someone who was sufficiently committed to building a healthier, more just, more equitable, more productive world? Then that would be a question I'd have to ask and answer."

Clinton also spoke of a change in her private to public life:

"Historically I deliberately tried to lead a private life in the public eye," she told the magazine. "And now I am trying to lead a purposefully public life."

Besides her work as a special correspondent with NBC, Chelsea Clinton has taken on high profile roles with her father's Clinton Global Initiative. She sits on several corporate boards and has both moderated and sat on panels discussing both women in politics and childhood obesity, among other issues.

She has also worked toward making same-sex marriage legal in New York last year, as well as gay marriage referendums in Maine, Maryland, Wisconsin and Washington state, all of which were successful in November. She has also been active in superstorm Sandy recovery, most notably delivering aid to the devastated Rockaways with her father.

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Senate Swears in Historic 20th Female Senator

Today the Senate will make history, swearing in a record-breaking 20 female senators – 4 Republicans and 16 Democrats – in office.

As the 113th Congress is sworn in today on Capitol Hill, ABC "World News" anchor Diane Sawyer has an exclusive joint interview with the historic class of female Senators.

Diane Sawyer's complete interview will air on World News this evening.

"I can't tell you the joy that I feel in my heart to look at these 20 gifted and talented women from two different parties, different zip codes to fill this room," Sen. Barbara Mikulksi, D-Md., said while surrounded by the group of women senators. "In all of American history only 16 women had served. Now there are 20 of us."

Senator-elect Deb Fischer, R-Neb., becomes today the first women to be elected as a senator in Nebraska.

"It was an historic election," Fischer said, "But what was really fun about it were the number of mothers and fathers who brought their daughters up to me during the campaign and said, "Can we get a picture? Can we get a picture?' Because people realize it and -- things do change, things do change."

Tammy Baldwin Becomes First Openly Gay Senator Watch Video

Elizabeth Warren Wins Massachusetts Senate Race Watch Video

The women senators all agree that women will be getting things done in this new Congress, a sign of optimism felt for the new Congress, after the bruising battles of the 112th Congress.

"We're in force and we're in leadership positions, but it's not just the position that we hold. I can tell you this is a can-do crowd," Mikulski said of both Democrats and Republican senators in the room. "We are today ready to be a force in American politics."

And while the number of women in the Senate today makes historic, many of the women agreed that they want to keep fighting to boost those numbers. Sen. Barbara Boxer, D-Calif., said that women are still "underrepresented" in the Senate.

"I think that until we get to 50, we still have to fight because it's still a problem," Boxer said. "I think this class as you look around, Republicans and Democrats... I think that because of this new class and the caliber of the people coming and the quality of the people coming, I think that hopefully in my lifetime -- and I really do hope and pray this is the case -- we will see 50 percent. "

No Sorority Here, Even With the Will to Work Together

The cooperation does not make them a "sorority," Sen. Dianne Feinstein, D-Calif., says. There are real differences in ideology and personality and they don't want their gender to define them as senators.

But the women also admit that they believe having more women in the room would help in fierce negotiations, compromise, and legislating on Capitol Hill, traits they say do not come as naturally to their male colleagues in the Senate. That sentiment enjoys bipartisan support among the women of the Senate.

"What I find is with all due deference to our male colleagues, that women's styles tend to be more collaborative," Sen. Susan Collins, R-Maine, said.

Sen. Claire McCaskill, D-Mo., said by nature women are "less confrontational." Sen-elect Mazie Hirono, D-Hawaii, says that women are "problem solvers."

Sen. Amy Klobuchar, D-Minn., says that women have a camaraderie which helps in relationships that are key to negotiations on Capitol Hill, something she says comes natural to women more than men.

"I think there's just a lot of collaboration between the women senators and... advice and really standing up for each other that you don't always see with the men," she said.

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Obama Hails 'Cliff' Deal, Warns of Next Fiscal Fight

Minutes after the House of Representatives approved a bipartisan Senate deal to avert the "fiscal cliff" and preserve Bush-era tax cuts for all Americans making less than $400,000 per year, President Obama praised party leaders and wasted little time turning to the next fiscal fight.

"This is one step in the broader effort to strengthen our economy for everybody," Obama said.

Obama lamented that earlier attempts at a much larger fiscal deal that would have cut spending and dealt with entitlement reforms failed. He said he hoped future debates would be done with "a little less drama, a little less brinksmanship, and not scare folks quite as much."

But Obama drew a line in the sand on the debt ceiling, which is set to be reached by March.

"While I will negotiate over many things, I will not have another debate with this Congress over whether they should pay the bills for what they've racked up," Obama said. "We can't not pay bills that we've already incurred."

An hour after his remarks, Obama boarded Air Force One to rejoin his family in Hawaii, where they have been since before Christmas.

AP Photo/Charles Dharapak

House Republicans agreed to the up-or-down vote Tuesday evening, despite earlier talk of trying to amend the Senate bill with more spending cuts before taking a vote. The bill delays for two months tough decisions about automatic spending cuts that were set to kick in Wednesday.

A majority of the Republicans in the GOP-majority House voted against the fiscal cliff deal. About twice as many Democrats voted in favor of the deal compared to Republicans. One hundred fifty-one Republicans joined 16 Democrats to vote against the deal, while 172 Democrats carried the vote along with 85 Republicans.

The Senate passed the same bill by an 89-8 vote in the wee hours of New Year's Day. 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 vote split Republican leaders in the House. House Speaker John Boehner, R-Ohio, voted yes, and so did the GOP's 2012 vice presidential candidate, Rep. Paul Ryan, R-Wis.

But House Majority Leader Eric Cantor, R-Va., the No. 2 Republican in the House, voted no. It was his opposition that had made passage of the bill seem unlikely earlier in the day.

The deal does little to address the nation's long-term debt woes and does not entirely solve the problem of the "fiscal cliff."

Indeed, the last-minute compromise -- far short from a so-called grand bargain on deficit reduction -- sets up a new showdown on the same spending cuts in two months amplified by a brewing fight on how to raise the debt ceiling beyond $16.4 trillion. That new fiscal battle has the potential to eclipse the "fiscal cliff" in short order.

"Now the focus turns to spending," said Boehner in a statement after the vote. "The American people re-elected a Republican majority in the House, and we will use it in 2013 to hold the president accountable for the 'balanced' approach he promised, meaning significant spending cuts and reforms to the entitlement programs that are driving our country deeper and deeper into debt."

Republicans hope that allowing the fiscal cliff compromise, which raised taxes without an equal amount of spending cuts, will settle the issue of tax rates for the coming debates on spending.

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Senate Approves 'Fiscal Cliff' Deal, Sends to House

Two hours after a midnight deadline for action, the Senate passed legislation early New Year's Day to avert the so-called fiscal cliff with an overwhelming vote of 89-8.

Senate passage set the stage for a final showdown in the House, where a vote could come as early as today.

"While neither Democrats nor Republicans got everything they wanted, this agreement is the right thing to do for our country and the House should pass it without delay," President Obama said in a statement shortly after the vote.

"There's more work to do to reduce our deficits, and I'm willing to do it. But tonight's agreement ensures that, going forward, we will continue to reduce the deficit through a combination of new spending cuts and new revenues from the wealthiest Americans."

The bill extends Bush-era tax cuts permanently for individuals making less than $400,000 per year and couples making less than $450,000 but allows the top marginal tax rate on incomes above those levels to rise to 39.6 percent.

Capital gains taxes would rise to 20 percent from 15 percent.

The measure would raise the estate tax from 35 to 40 percent for estates larger than $5 million, prevent the alternative minimum tax from hammering millions of middle-class workers and extend unemployment benefits for one year.

'Fiscal Cliff': Lawmakers Scramble for Last-Minute Deal Watch Video

Lawmakers also decided at the last minute to use the measure to prevent a $900 pay raise for each member of Congress due to take effect this spring.

The steep "sequester" budget cuts scheduled to go into effect with the New Year -- a $1.2 trillion hit to defense and domestic programs -- would be postponed for two months.

"I've said all along our most important priority is protecting middle-class Americans, this legislation does that," Senate Majority Leader Harry Reid, D-Nev., said early this morning prior to the vote.

The deal at hand does little to address the nation's long-term debt woes, however, and does not entirely solve the problem of the "fiscal cliff."

Indeed, the last-minute compromise -- far short from a so-called grand bargain on deficit reduction -- could set up a new showdown on the same spending cuts in two months amplified by a brewing fight on how to raise the debt ceiling beyond $16.4 trillion. That new fiscal battle has the potential to eclipse the "fiscal cliff" in short order.

Reid said he is "disappointed" they were unable to achieve a broader deal but that the compromise was necessary.

"We tried," he said. "If we did nothing, the threat of a recession is very real."

Speaking after Reid, Senate Minority Leader Mitch McConnell, R-Ky., called the deal an "imperfect solution" and noted this should not be the model on how things get done in the Senate.

McConnell also thanked Vice President Joe Biden, who visited Capitol Hill late Monday night and brokered the deal with Senate Republicans.

The measure must now move to the Republican-led House.

Five Senate Republicans and three Democrats voted against the plan, but the large margin of passage was seen as boosting the bill's prospects in the House, even though fiscal conservatives were poised to vehemently oppose the deal when it comes to the floor for a vote.

House Speaker John Boehner of Ohio said the House would not vote on any Senate-passed measure "until House members, and the American people, have been able to review" it.

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Deal or No Deal, 'Cliff' Debate Will Linger Into 2013

Dec 31, 2012 6:00am

AP Photo/ Evan Vucci

Analysis

The fiscal cliff is just the beginning.

Regardless of whether Democrats and Republicans reach some kind of last-minute bargain to avoid the worst effects of tax hikes and spending cuts, the disaster that has been the fiscal cliff negotiations has broad implications for the Washington agenda in 2013 and beyond.

The tone has been set for the new year, and possibly for the rest of President Obama’s time in office: Washington’s divisions are the only point that matters anymore. Call if dysfunction or call it just plain broken, just don’t call it capable of even small legislative moves that involve compromise.

Hopes of a grand bargain on fiscal policy, involving entitlement spending, tax rates, and the debt ceiling, disappeared weeks ago. All that’s left are fading possibilities involving the delaying portions of tax increases and restoring some planned cuts.

Those are moves that actually make the deficit outlook worse. More saliently, they should be the politically easy things to get done, yet Congress is paralyzed and the president appears powerless to do anything meaningful to prod action.

The other items Obama ticked through this weekend as part of his second-term agenda – immigration reform, energy and environmental policy, infrastructure investments, gun control – look like dreams in this environment.

The causes are manifold, and the blame doesn’t have to be equally distributed for the ramifications to be real. The fact is that Republicans – who will control at least one house of Congress for at least half of the president’s second term – do not now and may not ever see sufficient political benefit to offer the types of concessions Democrats are insisting on.

If an election couldn’t change that, there’s precious little left that can. Name the issue and it’s all too easy to see similar dynamics derailing meaningful reform.

Washington is now broken beyond the point where bold individual leadership can even fix it. The forces at play are bigger than the ability of the president, House Speaker John Boehner, or any other person or persons to turn them around without the certain promise of a revolt in the party ranks that would leave them out of effective power.

The cliff metaphor suggests a jump into a void, but at least one that has a bottom. Yet as the nation watches this slow-motion wreck, the depths of dysfunction have yet to be fully explored.

SHOWS: World News

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NYC Subway Pusher Held For Hate-Crime Murder

A woman who allegedly told New York City police she pushed a man onto the subway tracks because she hated Hindus and Muslims has been charged with murder as a hate crime.

Erica Menendez, 31, allegedly told police that she "pushed a Muslim off the train tracks because I hate Hindus and Muslims ever since 2001 when they put down the twin towers I've been beating them up."

Menendez was taken into custody this morning after a two-day search, and when detectives were interviewing her she allegedly made the statements implicating herself in Thursday night's subway-platform death.

"The defendant is accused of committing what is every subway commuter's worst nightmare -- being suddenly and senselessly pushed into the path of an oncoming train," Queen District Attorney Richard A. Brown said. "The victim was allegedly shoved from behind and had no chance to defend himself. Beyond that, the hateful remarks allegedly made by the defendant and which precipitated the defendant's actions can never be tolerated by a civilized society."

Menendez was due to be arraigned this evening. She could face 25 years to life in prison if convicted of the second degree murder charge.

On Thursday night, a woman shoved a man from a subway platform at Queens Boulevard, and the man was crushed beneath an oncoming train. Police had searched the area for her after the incident.

New York City Subway Pusher Charged With Murder Watch Video

The victim was Sunando Sen, identified by several media outlets as a graphic designer and Indian immigrant who opened a print shop, Amsterdam Copy, on Manhattan's Upper West Side. Sen was struck by the No. 7 train after the unidentified woman allegedly pushed him from the northbound platform at 40th Street and Queens Boulevard at 8:04 p.m. on Thursday.

Witnesses told police they had seen the woman mubling to herself, pacing along the platform. She gave Sen little time to react, witnesses said.

"Witnesses said she was walking back and forth on the platform, talking to herself, before taking a seat alone on a wooden bench near the north end of the platform. When the train pulled into the station, the suspect rose from the bench and pushed the man, who was standing with his back to her, onto the tracks into the path of the train," NYPD Deputy Commissioner Paul J. Browne said earlier today. "The victim appeared not to notice her, according to witnesses."

READ: What to Do If You Fall on the Subway Tracks

Police released brief surveillance video of the woman fleeing the subway station, and described the suspect as a woman in her 20s, "heavy set, approximately 5'5" with brown or blond hair."

It was New York's second death of this kind in less than a month. On Dec. 3, 58-year-old Ki-Suck Han of Queens was shoved onto the tracks at New York's Times Square subway station. Two days later, police took 30-year-old Naeem Davis into custody.

On Friday, New York City Mayor Michael Bloomberg was asked whether the attack might be related to the increase of mentally ill people on the streets following closures of institutions over the past four decades.

"The courts or the law have changed and said, no, you can't do that unless they're a danger to society. Our laws protect you," Bloomberg said on his weekly radio show.

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