DA investigating Texas' troubled $3B cancer agency


AUSTIN, Texas (AP) — Turmoil surrounding an unprecedented $3 billion cancer-fighting effort in Texas worsened Tuesday when its executive director offered his resignation and the state's chief public corruption prosecutor announced an investigation into the beleaguered agency.


No specific criminal allegations are driving the latest probe into the Cancer Prevention and Research Institute of Texas, said Gregg Cox, director of the Travis County district attorney's public integrity unit. But his influential office opened a case only weeks after the embattled agency disclosed that an $11 million grant to a private company bypassed review.


That award is the latest trouble in a tumultuous year for CPRIT, which controls the nation's second-largest pot of cancer research dollars. Amid the mounting problems, the agency announced Tuesday that Executive Director Bill Gimson had submitted his letter of resignation.


"Unfortunately, I have also been placed in a situation where I feel I can no longer be effective," Gimson wrote in a letter dated Monday.


Gimson said the troubles have resulted in "wasted efforts expended in low value activities" at the agency, instead of a focused fight against cancer. Gimson offered to stay on until January, and the agency's board must still approve his request to step down.


His departure would complete a remarkable house-cleaning at CPRIT in a span of just eight months. It began in May, when Dr. Alfred Gilman resigned as chief science officer in protest over a different grant that the Nobel laureate wanted approved by a panel of scientists. He warned it would be "the bomb that destroys CPRIT."


Gilman was followed by Chief Commercialization Officer Jerry Cobbs, whose resignation in November came after an internal audit showed Cobbs included an $11 million proposal in a funding slate without a required outside review of the project's merits. The lucrative grant was given to Dallas-based Peloton Therapeutics, a biomedical startup.


Gimson chalked up Peloton's award to an honest mistake and has said that, to his knowledge, no one associated with CPRIT stood to benefit financially from the company receiving the taxpayer funds. That hasn't satisfied some members of the agency's governing board, who called last week for more assurances that no one personally profited.


Cox said he has been following the agency's problems and his office received a number of concerned phone calls. His department in Austin is charged with prosecuting crimes related to government officials; his most famous cases include winning a conviction against former U.S. House Majority Leader Tom DeLay in 2010 on money laundering charges.


"We have to gather the facts and figure what, if any, crime occurred so that (the investigation) can be focused more," Cox said.


Gimson's resignation letter was dated the same day the Texas attorney general's office also announced its investigation of the agency. Cox said his department would work cooperatively with state investigators, but he made clear the probes would be separate.


Peloton's award marks the second time this year that a lucrative taxpayer-funded grant authorized by CPRIT instigated backlash and raised questions about oversight. The first involved the $20 million grant to M.D. Anderson Cancer Center in Houston that Gilman described as a thin proposal that should have first been scrutinized by an outside panel of scientific peer-reviewers, even though none was required under the agency's rules.


Dozens of the nation's top scientists agreed. They resigned en masse from the agency's peer-review panels along with Gilman. Some accused the agency of "hucksterism" and charting a politically-driven path that was putting commercial product-development above science.


The latest shake-up at CPRIT caught Gilman's successor off-guard. Dr. Margaret Kripke, who was introduced to reporters Tuesday, acknowledged that she wasn't even sure who she would be answering to now that Gimson was stepping down. She said that although she wasn't with the agency when her predecessor announced his resignation, she was aware of the concerns and allegations.


"I don't think people would resign frivolously, so there must be some substance to those concerns," Kripke said.


Kripke also acknowledged the challenge of restocking the peer-review panels after the agency's credibility was so publicly smeared by some of the country's top scientists. She said she took the job because she felt the agency's mission and potential was too important to lose.


Only the National Institutes of Health doles out more cancer research dollars than CPRIT, which has awarded more than $700 million so far.


Gov. Rick Perry told reporters in Houston on Tuesday that he wasn't previously aware of the resignation but said Gimson's decision to step down was his own.


Joining the mounting criticism of CPRIT is the woman credited with brainstorming the idea for the agency in the first place. Cathy Bonner, who served under former Texas Gov. Ann Richards, teamed with cancer survivor Lance Armstrong in selling Texas voters in 2007 on a constitutional amendment to create an unprecedented state-run effort to finance a war on disease.


Now Bonner says politics have sullied an agency that she said was built to fund research, not subsidize private companies.


"There appears to be a cover-up going on," Bonner said.


Peloton has declined comment about its award and has referred questions to CPRIT. The agency has said the company wasn't aware that its application was never scrutinized by an outside panel, as required under agency rules.


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Follow Paul J. Weber on Twitter: www.twitter.com/pauljweber


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Actor's girlfriend says he killed, dismembered college students



BuffetHours before he played the romantic lead in a community theater play opposite his real-life fiancee, authorities allege Daniel Patrick Wozniak shot and killed his neighbor.


Not long after that evening’s performance, he slipped out of the Costa Mesa apartment he shared with his then-fiancee, Rachel Buffett, 25, and killed a second person , according to police, prosecutors and Buffett's account of events.


Authorities say that when they questioned Buffett, she lied to protect Wozniak, who is now facing double murder charges.


More than two years after the May 2010 crimes, Buffett was charged with being an accessory to murder after the fact. It is a charge she disputes. 


"I'm innocent, and he's guilty, and he confessed to that," she told the Daily Pilot in a jailhouse interview. She said Wozniak told her that he confessed to police that he killed the two victims.


She said she's always been honest and forth-coming with police and doesn't understand why she is now facing felony charges and a possible prison sentence of more than three years.


"You go over it in your mind, 'How could I possibly give someone wrong information?' " she said. "I was trying to be helpful and give them every conception in my mind."


Police, however, say their investigation, which included interviews with Buffett and multiple witnesses, indicates she wasn't truthful.


"She told us a story we know not to be true," said Costa Mesa Police Sgt. Ed Everett. "We waited that long basically because we didn't want to prematurely arrest her for accessory and find out she was complicit in the homicides." 






Police said Wozniak killed his neighbor Samuel Herr in the theater of the Joint Forces Training Center in Los Alamitos before dismembering his body and leaving his head and hands at the nearby El Dorado Nature Center in Long Beach.

Authorities allege that Wozniak then killed Herr's friend and tutor, Juri "Julie" Kibuishi, 23, in Herr's apartment, then staged the crime to make it look like a sexual assault.


Wozniak reportedly told detectives he was motivated by money. He and Buffett had planned to marry soon. Authorities said Wozniak killed Herr to secure his ATM card. Herr had saved money from his time in the military.


Wozniak remains in Orange County Jail on murder charges. If convicted, he could receive the death penalty.


Buffett faces three felony charges of accessory to murder after the fact. She faces a three-year, eight-month, sentence if convicted.


ALSO:

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Jenni Rivera: Authorities confirm singer died in plane crash


-- Lauren Williams, Times Community News


Photo: Rachel Buffett. Credit: Daily Pilot


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Chinese Police Detain Two Tibetans in Self-Immolation Protests





BEIJING — Chinese police officials have detained a Tibetan monk and his nephew and accused them of playing a role in a series of self-immolations, according to Xinhua, the state news agency. The move appeared to be part of a campaign to prosecute Tibetans who are accused of aiding others who set fire to themselves in protest of Chinese rule.




The police said the monk who was detained — Lorang Konchok, 40, of the Kirti Monastery in Sichuan Province — was connected with eight self-immolations, Xinhua reported Sunday.


The two men were apparently detained in August; it was unclear why Xinhua did not report on them until now.


The Kirti Monastery, in the town of Ngaba, has been central to the wave of self-immolations that began in Tibetan areas in February 2009, when a young monk from Kirti named Tapey set himself on fire in the center of Ngaba. Nearly 100 people in Tibetan regions of China have set themselves on fire to protest Chinese rule, including three over the weekend, according to Tibetan exile groups.


The Xinhua report said that Mr. Lorang Konchok and his nephew, Lorang Tsering, 31, were suspected by the police of passing on information to exiles in India about the identities and backgrounds of Tibetans who have burned themselves. A Tibetan government-in-exile is based in India, and the Dalai Lama, the spiritual leader of the Tibetans, lives there. Some of the information and photos were sent using a cellphone, the report said.


Xinhua said Mr. Lorang Konchok became involved after being contacted by a “Tibetan independence organization” tied to the Dalai Lama after Tapey’s self-immolation in 2009.


Referring to the monk and his nephew, the Xinhua report said that “the two men had persuaded several people to attempt self-immolation, who abandoned the idea after their families, local government officials and police officers intervened.”


The detention of the two men appeared to be part of a concentrated effort to rein in the self-immolations, which have gathered pace in recent months; in November they occurred nearly every day. An editorial published Dec. 3 in The Gannan Daily, a newspaper in a Tibetan area of Gansu Province, said China’s supreme court, prosecution agency and Ministry of Public Security had issued “guidelines” that said “the act of self-immolation by Tibetans is a crime.” The guidelines said that assisting or encouraging the act was considered intentional homicide, and that those who committed it were also criminals and punishable by law if they “have caused severe damage,” according to the newspaper.


No information about the guidelines was posted on the Web sites of the three government bodies that the newspaper said had issued them. It is unclear how widely they are being applied across China, or whether the two men detained in Ngaba will be prosecuted based on the guidelines.


Mia Li contributed research.



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Nicole 'Snooki' Polizzi & Mitt Romney Attend Las Vegas Boxing Match















12/10/2012 at 06:30 PM EST







Mitt Romney and Nicole 'Snooki' Polizzi


Danny Moloshok/Reuters/Landov; D Dipasupil/Getty


Where would a former presidential candidate and a pint-sized reality star cross paths?

Vegas, baby!

With the campaign behind him, Mitt Romney has traded his focus on the ballot box for boxing. The former presidential hopeful sat ringside on Saturday night as Manny Pacquiao took on Juan Manuel Marquez at the MGM Grand in Las Vegas.

Joined by his wife Ann, Romney never divulged which boxer he was rooting for. But according to Pacquiano's publicist, Fred Sternburg, the one-time candidate visited Pacquiano before the fight, telling the 33-year-old boxer, "Hello Manny. I ran for president. I lost."

Sitting not far from Romney and his wife, Nicole "Snooki" Polizzi enjoyed the fight. The new mom is actually a boxing promoter and was on hand to support Dublin-born fighter, Patrick Hyland, who fought on the Pacquiao-Marquez undercard.

Pacquiao lost the fight after being knocked out in the sixth round.


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Surprise: New insurance fee in health overhaul law


WASHINGTON (AP) — Your medical plan is facing an unexpected expense, so you probably are, too. It's a new, $63-per-head fee to cushion the cost of covering people with pre-existing conditions under President Barack Obama's health care overhaul.


The charge, buried in a recent regulation, works out to tens of millions of dollars for the largest companies, employers say. Most of that is likely to be passed on to workers.


Employee benefits lawyer Chantel Sheaks calls it a "sleeper issue" with significant financial consequences, particularly for large employers.


"Especially at a time when we are facing economic uncertainty, (companies will) be hit with a multi-million dollar assessment without getting anything back for it," said Sheaks, a principal at Buck Consultants, a Xerox subsidiary.


Based on figures provided in the regulation, employer and individual health plans covering an estimated 190 million Americans could owe the per-person fee.


The Obama administration says it is a temporary assessment levied for three years starting in 2014, designed to raise $25 billion. It starts at $63 and then declines.


Most of the money will go into a fund administered by the Health and Human Services Department. It will be used to cushion health insurance companies from the initial hard-to-predict costs of covering uninsured people with medical problems. Under the law, insurers will be forbidden from turning away the sick as of Jan. 1, 2014.


The program "is intended to help millions of Americans purchase affordable health insurance, reduce unreimbursed usage of hospital and other medical facilities by the uninsured and thereby lower medical expenses and premiums for all," the Obama administration says in the regulation. An accompanying media fact sheet issued Nov. 30 referred to "contributions" without detailing the total cost and scope of the program.


Of the total pot, $5 billion will go directly to the U.S. Treasury, apparently to offset the cost of shoring up employer-sponsored coverage for early retirees.


The $25 billion fee is part of a bigger package of taxes and fees to finance Obama's expansion of coverage to the uninsured. It all comes to about $700 billion over 10 years, and includes higher Medicare taxes effective this Jan. 1 on individuals making more than $200,000 per year or couples making more than $250,000. People above those threshold amounts also face an additional 3.8 percent tax on their investment income.


But the insurance fee had been overlooked as employers focused on other costs in the law, including fines for medium and large firms that don't provide coverage.


"This kind of came out of the blue and was a surprisingly large amount," said Gretchen Young, senior vice president for health policy at the ERISA Industry Committee, a group that represents large employers on benefits issues.


Word started getting out in the spring, said Young, but hard cost estimates surfaced only recently with the new regulation. It set the per capita rate at $5.25 per month, which works out to $63 a year.


America's Health Insurance Plans, the major industry trade group for health insurers, says the fund is an important program that will help stabilize the market and mitigate cost increases for consumers as the changes in Obama's law take effect.


But employers already offering coverage to their workers don't see why they have to pony up for the stabilization fund, which mainly helps the individual insurance market. The redistribution puts the biggest companies on the hook for tens of millions of dollars.


"It just adds on to everything else that is expected to increase health care costs," said economist Paul Fronstin of the nonprofit Employee Benefit Research Institute.


The fee will be assessed on all "major medical" insurance plans, including those provided by employers and those purchased individually by consumers. Large employers will owe the fee directly. That's because major companies usually pay upfront for most of the health care costs of their employees. It may not be apparent to workers, but the insurance company they deal with is basically an agent administering the plan for their employer.


The fee will total $12 billion in 2014, $8 billion in 2015 and $5 billion in 2016. That means the per-head assessment would be smaller each year, around $40 in 2015 instead of $63.


It will phase out completely in 2017 — unless Congress, with lawmakers searching everywhere for revenue to reduce federal deficits — decides to extend it.


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Man lived with murdered girlfriend's rotting corpse for months, DA says



Devon Epps during a December 2011 court appearance.


Prosecutors say a Stockton man lived with his girlfriend's rotting corpse for months after killing her.


In court last week, prosecutors alleged that the man hit is girlfriend on the head with a  a metal table pedestal, raped her and stabbed her 32 times.


Devon Epps was evicted from his apartment in December 2011. The next
day, when the apartment manager stopped by, they found a dead body in
the bathroom.


Epps was arrested and then arraigned a few days later. At an earlier hearing, he yelled at a San Joaquin County judge, according to Fox 40.


Investigators identified the body as Veronica Jones, who was last seen at a family function with Epps in May 2011.




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Fear of Fighting Haunts Once-Tranquil Damascus


Muzaffar Salman/Reuters


A member of Syria's symphony orchestra ahead of a concert in Damascus in November.







DAMASCUS, Syria — Business has been terrible for Abu Tareq, a taxi driver, so last week, without telling his wife, he agreed to drive a man to the Damascus airport for 10 times the usual rate. But, he said later, he will not be doing that again.




On the airport road, he could hear the crash of artillery and the whiz of sniper fire. Dead rebels and soldiers lay on the roadsides. Abu Tareq saw a dog eating the body of a soldier.


“I will never forget this sight,” said Abu Tareq, 50, who gave only a nickname for safety reasons. “It is the road of the dead.”


Damascus, Syria’s capital, is one of the world’s oldest continuously inhabited cities, a touchstone of history and culture for the entire region. Through decades of political repression, the city preserved, at least on the surface, an atmosphere of tranquillity, from its wide downtown avenues to the spacious, smooth-stoned courtyard of the Umayyad Mosque and the vine-draped alleys of the Old City, where restaurants and bars tucked between the storehouses of medieval merchants hummed with quiet conversation.


Now, though, the rumble of distant artillery echoes through the city, and its residents are afraid to leave their neighborhoods. Cocooned behind rows of concrete blocks that close off routes to the center, they huddle in fear of a prolonged battle that could bring destruction and division to a place where secular and religious Syrians from many sects — Sunni, Shiite, Alawite, Christian and others — have long lived peacefully.


For more than a week, Syrian rebels and government forces have fought for the airport road, as the military tries to seal off the capital city, the core of President Bashar al-Assad’s power, from a semicircle of rebellious suburbs. Rebels have now kept the pressure on the government for as long as they did during their previous big push toward Damascus last summer. This time, improved supply lines and tactics, some rebels and observers say, may provide a more secure foothold.


But the security forces wield overwhelming firepower, and while they have been unable to subdue the suburbs, some rebel fighters say they lack the intelligence information, arms and communication to advance. That raises the specter of a destructive standoff like the one that has devastated the commercial hub of Aleppo.


“Damascus was the city of jasmine,” Mahmoud, 40, a public-school teacher, said in an interview in the capital. “It is not the city I knew just a few weeks ago.”


Car bombs have ripped through neighborhoods, the targets and attackers only guessed at. Checkpoints choke traffic, turning 20-minute jaunts into three-hour ordeals. Wealthy residents find it quicker and safer to drive to Beirut, Lebanon, for a weekend trip than to the Old City.


Shells have been fired from Mount Qasioun overlooking Damascus, a favorite destination from which to admire the city’s sparkling lights. West of downtown, where the palace stands on a plateau, things are relatively quiet. But from the mountain, puffs of smoke can now be seen over suburbs in an arc from northeast to southwest.


Mahmoud, unable to find heating oil and medicine for his sick wife, said his grocer has lectured him daily on shortages and soaring prices. The once-ubiquitous government, he said, now appears to have no role beyond flooding streets with soldiers and security officers, “who are sometimes good and sometimes rude.”


People with roots in other towns have left, he said, “but what about me, who is a Damascene, and has no other city?”


The sense of claustrophobia has grown as rebels have declared the airport a legitimate target and the government has blocked Baghdad Street, a main avenue out of the city. On Sunday, it blocked the highway south to Dara’a.


In some outlying neighborhoods and nearby suburbs, the front lines seem to be hardening.


On the route into Qaboun, a neighborhood less than two miles from the center of Damascus, the last government checkpoint in recent days was near the municipal building. Less than a quarter-mile on, rebels controlled the area around the Grand Mosque.


An employee of The New York Times reported from Damascus, and Anne Barnard from Beirut, Lebanon. Neil MacFarquhar contributed reporting from Beirut.



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Amazon’s Android Appstore explodes, downloads increase 500% over last year






Amazon’s (AMZN) Appstore is on fire. While the marketplace may not boost as many apps as Google’s (GOOG) Play Store, it has seen substantial growth in the past year. In fact, the company announced on Thursday that its Appstore has seen downloads increase more than 500% since last year. Amazon also revealed that the number of developers utilizing in-app purchasing doubled in the third quarter and that 23 of the top 25 grossing apps now incorporate the technology.


“Amazon offers the best end-to-end solution for app and game developers,” said Aaron Rubenson, Director of Amazon Appstore for Android. “Developers can use Amazon Web Services’ building blocks as the infrastructure for their games. To enhance customer engagement, they can add features like GameCircle’s Leaderboards, Achievements, Friends, and Whispersync. Amazon’s In-App Purchasing allows developers to generate additional income. Finally, since discovery can be a major challenge for app developers, we’re providing more and more ways to help developers reach customers on Amazon, Kindle Fire devices, and in our Appstore. We’re working hard to make lives easier for developers, and to give them more ways to grow their business.”






The success of Amazon’s Appstore is directly related to the success of its Kindle Fire line of tablets. Unlike most Android devices, the Kindle Fire does not include access to Google Play and instead must rely solely on Amazon’s offering for content and applications.


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Tim McGraw and Faith Hill Kick Off Special Series of Las Vegas Shows















12/09/2012 at 05:00 PM EST







Tim McGraw and Faith Hill


Denise Truscello/WireImage


Tim McGraw and Faith Hill looked at each other, their hands on each others knees and shared a passionate kiss just after midnight Sunday morning.

The moment was a long time coming – it capped off their first weekend as a Las Vegas headlining act.

Earlier in the 90 minute show, McGraw told the crowd at the Venetian that he and his wife were going to "have fun tonight" and it genuinely seemed like they did, singing with each other for several songs while still letting the other perform their solo hits. Though the show – called the Soul2Soul series – is technically not the same "residency" show Las Vegas is known for, the couple will perform for 10 weekends through April.

At a press conference several months ago, McGraw and Hill promised a "personal" show, and they delivered in a big way. In fact, it got very personal as McGraw complimented his wife on her flowing black dress, saying, "It's gonna look good on the floor later."

The duo also took a moment to sit down and speak with the crowd. Though they didn't field any questions, they spoke about the most common questions they get asked. "We always get asked what was the music we heard first, who influenced us," Hill said.

Rather than answer it, the duo then sing a few of their main influences – Hill sang George Strait; McGraw sang The Eagles.

"I love doing other people's music, better than my own," McGraw joked.

With few bells and whistles, the show puts the focus squarely on it's two superstars, and considering the rousing ovations McGraw and Hill received Saturday, that's perfectly fine with their fans.

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Smokers celebrate as Wash. legalizes marijuana


SEATTLE (AP) — The crowds of happy people lighting joints under Seattle's Space Needle early Thursday morning with nary a police officer in sight bespoke the new reality: Marijuana is legal under Washington state law.


Hundreds gathered at Seattle Center for a New Year's Eve-style countdown to 12 a.m., when the legalization measure passed by voters last month took effect. When the clock struck, they cheered and sparked up in unison.


A few dozen people gathered on a sidewalk outside the north Seattle headquarters of the annual Hempfest celebration and did the same, offering joints to reporters and blowing smoke into television news cameras.


"I feel like a kid in a candy store!" shouted Hempfest volunteer Darby Hageman. "It's all becoming real now!"


Washington and Colorado became the first states to vote to decriminalize and regulate the possession of an ounce or less of marijuana by adults over 21. Both measures call for setting up state licensing schemes for pot growers, processors and retail stores. Colorado's law is set to take effect by Jan. 5.


Technically, Washington's new marijuana law still forbids smoking pot in public, which remains punishable by a fine, like drinking in public. But pot fans wanted a party, and Seattle police weren't about to write them any tickets.


In another sweeping change for Washington, Gov. Chris Gregoire on Wednesday signed into law a measure that legalizes same-sex marriage. The state joins several others that allow gay and lesbian couples to wed.


The mood was festive in Seattle as dozens of gay and lesbian couples got in line to pick up marriage licenses at the King County auditor's office early Thursday.


King County and Thurston County announced they would open their auditors' offices shortly after midnight Wednesday to accommodate those who wanted to be among the first to get their licenses.


Kelly Middleton and her partner Amanda Dollente got in line at 4 p.m. Wednesday.


Hours later, as the line grew, volunteers distributed roses and a group of men and women serenaded the waiting line to the tune of "Chapel of Love."


Because the state has a three-day waiting period, the earliest that weddings can take place is Sunday.


In dealing with marijuana, the Seattle Police Department told its 1,300 officers on Wednesday, just before legalization took hold, that until further notice they shall not issue citations for public marijuana use.


Officers will be advising people not to smoke in public, police spokesman Jonah Spangenthal-Lee wrote on the SPD Blotter. "The police department believes that, under state law, you may responsibly get baked, order some pizzas and enjoy a 'Lord of the Rings' marathon in the privacy of your own home, if you want to."


He offered a catchy new directive referring to the film "The Big Lebowski," popular with many marijuana fans: "The Dude abides, and says 'take it inside!'"


"This is a big day because all our lives we've been living under the iron curtain of prohibition," said Hempfest director Vivian McPeak. "The whole world sees that prohibition just took a body blow."


Washington's new law decriminalizes possession of up to an ounce for those over 21, but for now selling marijuana remains illegal. I-502 gives the state a year to come up with a system of state-licensed growers, processors and retail stores, with the marijuana taxed 25 percent at each stage. Analysts have estimated that a legal pot market could bring Washington hundreds of millions of dollars a year in new tax revenue for schools, health care and basic government functions.


But marijuana remains illegal under federal law. That means federal agents can still arrest people for it, and it's banned from federal properties, including military bases and national parks.


The Justice Department has not said whether it will sue to try to block the regulatory schemes in Washington and Colorado from taking effect.


"The department's responsibility to enforce the Controlled Substances Act remains unchanged," said a statement issued Wednesday by the Seattle U.S. attorney's office. "Neither states nor the executive branch can nullify a statute passed by Congress."


The legal question is whether the establishment of a regulated marijuana market would "frustrate the purpose" of the federal pot prohibition, and many constitutional law scholars say it very likely would.


That leaves the political question of whether the administration wants to try to block the regulatory system, even though it would remain legal to possess up to an ounce of marijuana.


Alison Holcomb is the drug policy director of the American Civil Liberties Union of Washington and served as the campaign manager for New Approach Washington, which led the legalization drive. She said the voters clearly showed they're done with marijuana prohibition.


"New Approach Washington sponsors and the ACLU look forward to working with state and federal officials and to ensure the law is fully and fairly implemented," she said.


___


Johnson can be reached at https://twitter.com/GeneAPseattle


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