Sunday, June 3, 2012

Is the End Near for Three-Year-Old Bull Market?

Don't trust the stock market. The rally won't last. Stocks are on a short-lived sugar high. The gains, engineered by government bailouts and super-low interest rates courtesy of the Federal Reserve [cnbc explains] , are artificial.

The bull market that started on March 9, 2009, turns three on Friday.

That's what the skeptics on Wall Street have been saying since Day One of the current bull market, which was born on March 9, 2009, the day stocks finally stopped falling after the biggest and scariest plunge this generation of investors has ever seen.

Well, the skeptics have been wrong — so far.

The baby bull nobody believed in, the one that has earned little respect despite posting a 103 percent gain, the one that grew up in the shadow of the worst financial crisis since the Great Depression, turns three on Friday.

But despite a résumé that includes accomplishments such as being the first bull market to gain 100 percent in its first three years and the seventh-best percentage gainer of all time, this one enters its fourth year with still-skeptical investors asking the same question: Can it last?

"There are a lot of nervous investors who are still not buying into this rally," said Andrew Fitzpatrick, director of investments at Hinsdale Associates. A clear sign of the anxiety is reflected in the flow of funds into mutual funds and exchange traded funds. In this bull market as of January 2012, investors have stashed roughly $261 billion in stock funds and $708 billion in more-conservative bond funds, according to the Investment Company Institute (ICI), the mutual fund industry's trade group.

The steep fall and subsequent rebound of the stock market caught many investors by surprise. After tumbling nearly 57 percent from its October 2007 all-time high of 1565 to a low of 676 in March 2009, the Standard & Poor's 500 index has doubled in value in the past three years, climbing as high as 1,374 on March 1. The massive move erased all but 12 percent of the losses suffered in the last market downturn, the worst since the 1930s. In the same period, the Dow Jones Industrial Average fell from a peak of 14,164, to a low of 6,547 before barreling back above 13,000 last week for the first time since May 2008.


Current DateTime: 08:48:30 08 Mar 2012
LinksList Documentid: 44817528Today, investors will welcome any signs of stability. More and more, the financial well-being of Americans is tied to how their personal retirement accounts perform in an increasingly volatile market that is driven by the perceived health of the economy and the confidence level on Main Street.

Over the past 20 years, the number of U.S. households investing in stock and bond markets via mutual funds has more than doubled from 23.2 million to 52.3 million, according to the ICI. More than 90 million people — nearly a third of the U.S. population — invest in mutual funds.

So Americans have become more invested, literally and figuratively, with the ups and downs of the markets. Indeed, just as fears of a double-dip recession [cnbc explains] in the U.S. have been fading recently amid a steady, incoming batch of better economic data, and a worst-case outcome to Europe's debt crisis seems to have been taken off the table, fresh worries have emerged to give investors pause.

There is a sense that it will take some kind of shock to end the rally. Potential bull killers:

1. Gas Price Shock

Investors fear that sticker shock at the pump could create stock market and economic turmoil if tensions over Iran's nuclear intentions and capabilities lead to a military confrontation and supply disruption. Iran is believed to be covertly trying to develop a nuclear weapon, and Israel might be considering a pre-emptive military strike.

"A major curve ball can come from Iran," said financial planner Jacob Gold, author of "Financial Intelligence: Getting Back to Basics After an Economic Meltdown." Any showdown with Iran would likely be bearish.

"If someone tries to take out Iran's nuclear capabilities, it would throw the world into turmoil," said David Fondrie, senior portfolio manager at Heartland Funds.

Rising gas prices create a considerable drag on the economy, because the extra expense acts like a tax on consumers and siphons cash from other discretionary purchases.

Every 25-cent rise in a gallon of gas reduces other consumer spending by $25 billion a year and lowers economic growth by 0.2 percentage points, Deutsche Bank [DB  Loading...      ()   ] says. The average price of a gallon of gas is now $3.76, up 28 cents from a month ago, according to AAA. So if gas rises to $4 — like it has in three states already — consumer spending would take a roughly $50 billion hit.

"An average pump price of $5 would have a serious effect on confidence and create headwinds for the economy," noted Scott Wren, senior equity strategist at Wells Fargo [WFC  Loading...      ()   ] Advisors.

2. Dysfunctional US Politics

Election uncertainty is another wild card. Is there more political gridlock ahead? Can lawmakers finally agree on a plan to reduce the nation's swelling deficit and get the nation's fiscal house in order? Will there be another 11th-hour standoff this fall over raising the federal debt [cnbc explains] limit? Will lawmakers extend the Bush tax cuts, which expire at the end of 2012? If the tax cuts are not extended, expect a drag on the economy, said Byron Wien, vice chairman of Blackstone Advisory Partners.

Perhaps more worrisome is the warning from Robert Rodriguez, CEO of money-management firm First Pacific Advisors: "If we don't start on a fiscal restructuring in this country by the end of next year, it is quite likely that between 2014 and 2016 we could experience something as big as Europe is going through today."

3. Inflation and Interest Rate Fears

A big plus for the financial markets has been the low interest rate environment fostered by the Fed and its chairman, Ben Bernanke. The steady low rate has nudged investors into riskier assets, such as stocks, in search of bigger returns. But the downside of the easy-money policy is a possible sharp rise in inflation [cnbc explains] . And inflation is an enemy of financial assets, said Jim Paulsen, chief investment strategist at Wells Capital Management. If the inflation rate, which is hovering around 2 percent, goes well above the current level, the market reaction might not be pretty.

"If inflation gets out of control there will be a violent reaction in the bond market and at the Fed," Paulsen warns. If the Fed starts to raise rates and bond investors sell and yields rise to compensate for higher inflation, the economy could slow, he says. That would make it harder and more expensive for the U.S. to finance its deficit, and stocks would likely suffer.

4. Economic Slowdown in China

If China's growth engine slows, the ripple effect could be felt globally. China this week lowered its growth outlook to 7.5 percent from 8 percent, where it has been since 2005. Slower growth there could hurt companies and countries that export commodities such as steel, concrete and oil to China.

5. Europe Debt Woes Resurface

For now, the threat of Greece defaulting on its debt — and the potential for a banking crisis and financial contagion spreading throughout the euro zone and beyond — has eased, thanks to a recent deal struck between Greece and central bankers, finance ministers, and creditors in Europe. The European Central Bank's [cnbc explains] move to provide 1 percent loans to banks in Europe has acted as a key backstop in stemming the crisis.

But the larger structural problems of too much government debt and too little growth haunting many European economies persist. Markets will likely be dodging potential euro zone risks for years to come.

"Europe could unravel again," said Carmine Grigoli, chief investment strategist at Mizuho Securities USA.

Headwinds notwithstanding, by historical standards this 36-month-old bull is entering the later stages of its life span. The average duration of bull markets dating back to 1932 is roughly four years, according to InvesTech Research. That means this bull still has a shot at reaching its fourth birthday without suffering a bear market — or 20 percent decline — that would mark the end of its run.

Ironically, the celebration of the bull's third birthday coincides with a stock market that is showing signs of rally fatigue. The upward rise in stock prices has hit a wall. Since hitting key milestones, such as Dow 13,000, the market has stalled. Case in point: On Tuesday, the U.S. stock market suffered its worst drop of the year and first daily decline of more than 1 percent since December.

The combination of a loss of momentum following the S&P 500 index's nearly 25 percent rally since early October and the emergence of fresh obstacles to consider has many Wall Street money managers, analysts, investment strategists and financial advisers calling for a pullback or correction [cnbc explains] .

Bob Centrella, managing partner at Forza Investment Advisory, sent a note to his clients this week warning of a shallow pullback of 3 percent to 5 percent. But he also warned of a bigger correction if tensions between Israel and Iran escalate or if Europe's debt crisis worsens.

"If war erupts in the Middle East, look out," he warned.

A major correction is what would put Bart Ruff, 48, a marketing brand manager from Lederach, Pa., in a stock-buying mood. But for now, he feels the market is due for a tumble. "I think the market is riding on hope," Ruff said. "Housing, jobs, Europe, politics. Things aren't stable."

David Wright, managing director of Sierra Investment Management, is even more bearish. "After a three-year rally, the market is extended, tired and overdone," Wright said. He said a pullback of 25 percent or more is possible.

But Wright and the other skeptics are in the minority. The general consensus is that, despite strong odds that a pullback will occur, the bull market is alive and well.

The bullish bet is based on the belief that the economic and jobs recovery will surprise to the upside. Optimists point to the fact that stocks are still selling at attractive prices relative to their earnings potential. Bulls also expect lawmakers to come together and take the needed steps to reduce the nation's debt load. The Fed's pledge to keep short-term interest rates at roughly zero percent until mid-2014 is seen as a boost for stocks.

"I think there's some toothpaste left in the tube," said Jack Ablin, chief investment officer at BMO-Harris Private Bank.

So how much does the bull have left in its tank?

Plenty, said Laszlo Birinyi, market seer at Birinyi Associates. "S&P 1,700!!!" is the title of his super-bullish March 2012 market report. That's almost 26 percent higher than Wednesday's close of 1353. In fact, he said, "If — if — the market is right and the economy surprises us on the upside" this bull could be as durable as the five-year bull market that began in 1982 and the decade-long rally that started in 1990.

Lewis Altfest, a financial adviser at Altfest Personal Wealth Management, said the market could post 10 percent annual returns for the next five years. "I don't think it is too late to get in," he said.

The mood of the market going forward might be determined by the government's February jobs report to be released Friday, added Jim O'Neill, chairman of Goldman Sachs [GS  Loading...      ()   ] Asset Management. If the economy, which has produced more than 200,000 new jobs each of the past two months, can produce close to the roughly 250,000 jobs a month economists are expecting, investors might firm up the belief that this economy is healing. "Friday's number could get people believing that the U.S. is in a sustainable recovery," he said.

Grigoli, the strategist with Mizuho, said stocks offer far more value than low-yielding bonds and that a rally could last three more years. "You can't fund retirement earning 0 percent on your money," he said.

Wendy Hunt of Cincinnati couldn't agree more. The 39-year-old mother of two and her husband have been rewarded for sticking with stocks through the crisis and riding them back up.

"We're fully invested in stocks," she said. "We've stayed close to Apple [AAPL  Loading...      ()   ] and Berkshire Hathaway [BRK.A  Loading...      ()   ] . We're super happy with how our consistent faithfulness to the market has paid off."

This story first appeared in USA Today.


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NASA scientist wins free space trip on rocket plane

PALO ALTO, Calif. — A NASA scientist has won a free flight to suborbital space, but he may not be able to claim the prize.

Thomas Goodwin, a physiology and bioengineering researcher at NASA's Johnson Space Center in Houston, won a suborbital flight on XCOR Aerospace's Lynx vehicle, a $95,000 value. Goodwin's name was randomly selected here Monday (Feb. 27) at the 2012 Next-Generation Suborbital Researchers Conference (NSRC-2012).

"I'm not sure I can accept this," Goodwin said, referencing his status as a government employee, which may prevent him from using the prize. "I'm very surprised."

If government regulations and red tape prohibit Goodwin from claiming the award, a backup is ready to step up; XCOR officials drew an alternate name just in case. Conference attendees who registered in advance were entered in the drawing.

XCOR's Lynx is a two-person space plane designed to take off and land on a conventional airport runway. In addition to flights with paying passengers, the rocket-powered vehicle is being designed to carry research experiments to suborbital space.

XCOR officials have said the Lynx could be in flight-test operations by the end of 2012. The company plans to charge $95,000 per seat when the space plane is up and running. XCOR also announced Monday that it recently secured $5 million in equity funding that will help fund its work on the Lynx.

Whoever eventually goes up in the space plane will be in for a real treat, XCOR officials said.

"Hang onto your hat, because it's going to be one amazing ride," said former NASA astronaut and space shuttle commander Rick Searfoss, XCOR's chief test pilot.

XCOR isn't the only company developing craft to take scientists, experiments and tourists up to suborbital space. Virgin Galactic, for example, is charging $200,000 for rides on its SpaceShipTwo vehicle, which seats six passengers, along with two pilots.

NSRC-2012, which runs through Wednesday (Feb. 29), brings scientists and educators together to talk about how commercial suborbital spacecraft can help advance research in atmospheric science, physics, planetary science, biology and physiology, among other fields, according to conference organizers.

The meeting is jointly hosted by NASA, the Commercial Spaceflight Federation, and the Colorado-based Southwest Research Institute.

You can follow SPACE.com senior writer Mike Wall on Twitter: @michaeldwall. Follow SPACE.com for the latest in space science and exploration news on Twitter @Spacedotcom and on Facebook.


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Doença Marte Mumbai Holi festival

8 De Março de 2012 atualizada às 16:55 GMT Children in hospital in Mumbai a maioria das vítimas de envenenamento foram as crianças mais de 160 pessoas foram tratadas no hospital depois de ser tomado doente em Bombaim durante um festival anual.

Eles são pensados para ter sido envenenado por pós coloridos lançadas durante as celebrações de Holi, o festival marcando o início da Primavera.

Médicos acreditam que os pacientes sofreram uma reação alérgica a produtos químicos em um determinado lote.

A maioria das pessoas sendo tratadas é crianças, e muitos deles são disse a ser em uma condição séria.

Rajini Vaidyanathan da BBC em Mumbai diz que os pacientes começaram a chegar na unidade de acidente Sion Hospital queixando-se de vertigem, vômitos e dor de cabeça.

Festival Hindu

Holi é marcado em toda a Índia, mas as maiores celebrações ocorrem em templos do Norte da cidade de Vrindavan, onde, segundo a lenda, o Deus Hindu Krishna jogado Holi com sua consorte Radha.

Os hindus no Nepal, a cidade paquistanesa de Karachi, os E.U. e Reino Unido, também estão comemorando o festival.

Nas cidades indianas e cidades, grupos de pessoas estão perambulando pelas ruas coloridas em vermelhos, verdes e rosas.

Em templos de Vrindavan, celebrações continuam por dias - devotos oram à divindade como pó colorido é lançada sobre eles. Eles também são pulverizados com jatos de água colorido.

O festival é muito popular entre os jovens e os alunos começam as celebrações coloridas vários dias antes de começa a verdadeira festa.

Holi é comemorado também extensamente no Nepal que tem uma grande população Hindu. Muitos turistas também se juntaram nas festividades nas ruas da capital, Katmandu.


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Sencha Touch 2 Allows Developers to Code iOS Apps With Windows PCs

Sencha_150x150.jpgMobile HTML5 developer framework Sencha wants to be more than just a tool to develop hybrid mobile applications. The company's roadmap for 2012 is to become an end-to-end solution for designing, developing and deploying HTML5 applications and is taking its first steps toward that goal today by releasing Sencha Touch 2 out of beta. Sencha Touch 2 gives developers a better user interface for developing HTML5 that will give consumers a more robust user experience.

Sencha also wants to play nice with the mobile development ecosystem. Touch 2 is the first framework that will allow developers to write Android and iOS apps from either a Windows PC or a Mac. That means that iOS developers are no longer tied to XCode on the Mac for building iOS apps. Presenting that freedom to developers should help Sencha win the hearts of many mobile publishers.

Sencha is focusing on three core areas for the public release of Touch 2: better consumer user experience, better developer support and development experience as well as working to improve the development ecosystem.

'We've updated and refreshed the API for Sencha Touch to make it even easier to build applications as well as out of the box we are shipping a set of full fledged built applications that developers can modify or use as their own references for locations. These are apps that use the Facebook API, apps that take advantage of custom themes,' said Aditya Bansod, senior director of product management at Sencha.

sencha_2012_roadmap.jpg

The core uses of Sencha HTML5 platform are to prototype, design, develop, package and deploy HTML5 apps. The company wants to make using the platform as painless as possible for developers and was one of the core goals for the team in updating Touch. The framework itself has been updated with a more streamlined UI for developers that Bansod describes as more 'visceral.' Sencha worked to create better performance for hybrid HTML5 apps for iOS and Android and has updated many of its native API containers to take advantage of camera, push messaging, device orientation and scrolling.

Sencha spent the most time with Touch 2 working to improve Android performance. It is well known in the mobile ecosystem that the native Android browser lacks well behind iOS and one of Sencha's primary goals was to improve that performance.

'We have spent endless amount of time working and tuning for Android. Like list performance, for example. It might seem mundane but for user experience it is so important,' Bansod said. 'I throw a list and it actually flies as far as I want it to as well as animations feel as well as they should for the platform. So, we spent time with device manufacturers understanding their implementations of WebKit and what we ended up doing is building specific implementations of our core performance APIs for each specific platform. The developer does not see this, thankfully, the developer sees one common API and we use different parts of HTML and CSS to actually do the performance work under the hood on the developers' behalf.'

sencha_touch_watchlist.jpg

One of the key shifts for Sencha in releasing Touch 2 is a focus on the mobile ecosystem. While competitor appMobi is almost always focused on the ecosystem, Sencha has always been about the HTML5 spec and creating better tools.

'The native packaging kit that allows you to build on Mac and Windows is totally novel in the mobile ecosystem,' Bansod said. 'We have some new UI controls in the updated APIs and that will help while building your applications as well as building apps that have much more of a look and a feel that look native-like.'

Out of the box, Sencha Touch 2 comes with several applications that can be used as guides for building with the platform. The company sent ReadWriteMobile several test devices to show this off. For iOS that includes an app called 'The Watch List' (pictured above) that shares what movies you want to see or have seen with friends. 'TouchStyle' is an app for purchasing home and fashion items. On Android applications include Sencha Radio and Sencha Jog.

It is one thing to give developers a couple sample apps but Sencha takes it a step further with its Kitchen Sink application that shows off exactly what can be done within the framework and gives source code examples. This feature is beneficial to both new programmers looking for ways to create rounded buttons or experienced developers having trouble with HTML5 audio or video integration.

sencha_touch_kitchen_2.jpg

Sencha wants to differentiate itself from other framework and container providers such as appMobi, PhoneGap, Conduit and Brightcove. The ability to write code from any computer available is a good start.

'PhoneGap requires that you develop in XCode on the Mac and if you are a PC developer, that is what you are stuck with. In the other rounds, appMobi has a build service and we have heard from a lot of developers that they do not want to give a third party that they do not know their private keys because that is what it requires, you have to give your sign in keys to the third party to build it for you. We want to give developers that capability locally so they do not have to trust someone else with their keys,' Bansod said.

The entire Sencha HTML5 platform will be released and updated this year. The next step is called Sencha Designer that will be used to help accelerate design aspects of building apps. Deployment will be handled through Sencha.io that will also have an update sometime in 2012. Touch 2 remains a free service as the company plans on monetizing around other aspects of the platform. Touch 2 will be issued on the GPL3 and Sencha Commercial License.

Sencha Touch 2 was released to beta in Sept. 2011 but the company is now ready to release the full version. For those that have been using the beta, much will remain the same with a few developer UI improvements.

'Sencha Touch 2 is the cornerstone behind what we are going to be doing in the next couple months around the Sencha HTML5 platform. Using Sencha Touch and the new capabilities in Touch 2 to form the cornerstone of the developer experience from designing, developing and deploying their HTML5 applications,' Bansod said.

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In Michigan, Mitt Romney faces day of reckoning

SOUTHFIELD, Michigan (Reuters) - Mitt Romney faces a day of reckoning on Tuesday when Michigan votes to either grant him a big victory in the Republican presidential nomination battle or hand him a humiliating defeat.

Romney was born and raised in Michigan and his father was a popular governor, but conservatives are threatening to deliver the state to Rick Santorum, who is running neck-and-neck with Romney in the polls in the final hours before voting begins.

Most Michigan polls close at 8 p.m. EST (midnight GMT).

Arizona votes as well on Tuesday and Romney has a comfortable lead there, aided by the man who beat him in the 2008 Republican presidential campaign, Arizona Senator John McCain.

All eyes are on Michigan because a victory for Santorum on what is essentially Romney's home turf would raise questions about Romney's candidacy a week before a defining day of the 2012 campaign, March 6, the "Super Tuesday" when 10 states hold contests.

"I am going to win in Michigan and I'm going to win across the country," Romney said on Monday.

His aides, contemplating the possibility of a defeat, believe Romney could survive a loss in Michigan should it occur because of this year's elongated nomination process.

"The bottom line is you want to win it but it is not as devastating as you guys want to make it out to be if we don't," said a senior Romney strategist.

Santorum, a former Pennsylvania senator, has made himself competitive in Michigan by pressing his conservative views on social issues and by spreading a blue-collar message about the need to rebuild the manufacturing base in the hard-hit Midwestern state.

"We've been traveling all over the state, and I'm really excited about the response. I think we're going to surprise a few people tomorrow night," Santorum said on Monday.

A Santorum win could upend the race and prompt the Republican establishment - concerned that Santorum's strong religious conservatism could make him unelectable - to search for a new candidate to join the race.

An unpredictable factor in Michigan was the ability of Democrats to vote in the Republican primary and try to thwart Romney by voting for Santorum, who many see as having little chance of defeating Democratic President Barack Obama in the November 6 election should he become the Republican nominee.

AUTO BAILOUTS

The Santorum campaign tried to encourage the crossover vote with a robocall urging Democrats to send a message to Romney because of his opposition to 2009 auto bailouts that kept thousands of Michigan workers employed.

The effort was quickly condemned by the Romney campaign as a sign that Santorum "is now willing to wear the other team's jersey if he thinks it will get him more votes."

Romney has come back from a deficit in the Michigan polls to creep ahead in some surveys, and his aides believed his campaign has the organizational strength for a good turnout.

Other Republican candidates, Newt Gingrich and Ron Paul, are running far behind the two leaders and have not competed heavily, making the state a Romney-or-Santorum contest.

Romney has been hammering home his view that his experience as a private equity executive and former Massachusetts governor makes him the best candidate to defeat Obama and lead the U.S. economy back to strong job growth.

He has also been sharply critical of Santorum.

"I've spent 25 years in business," Romney said. "I understand why jobs go, why they come. I understand what happens to corporate profit, where it goes if the government takes it. This is what I've done for all my life. Senator Santorum is a nice guy, but he's never had a job in the private sector."

This kind of message is resonating among many Michigan Republicans.

"He could be more charismatic but a steady, good businessman is what we need," said John Bas of Berkeley. "Is he a rock star? No. But rock stars probably don't make good presidents."

Romney may not be a rock star, but he had one campaign for him on Monday. Kid Rock and his band joined Romney at a theatre in Royal Oak to play a song that is the signature anthem of Romney's campaign events, "Born Free."

Romney and his wife Ann watched the brief concert from the front row and clapped to the beat.

Romney persuaded Kid Rock to perform at the rally during an hour-long meeting last Thursday at the rocker's Michigan home. Kid Rock got Romney's commitment that if elected he would help the city of Detroit, the state of Michigan and U.S. troops, a Romney campaign spokesman said.

(Additional reporting by Sam Youngman; editing by Christopher Wilson)


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Officers hurt in Occupy clash at Calif. Capitol

SACRAMENTO, Calif. (AP) — At least two law enforcement officers were injured Monday during a clash with members of the Occupy movement who were at the state Capitol to counter a rally by a group protesting violence by blacks against whites in South Africa.

The clash erupted in the afternoon as California Highway Patrol and Sacramento police officers were escorting about 35 members of the South Africa Project to a parking garage after their protest outside the Capitol building.

About 50 members of Occupy Oakland began throwing cans and bottles at the South Africa group and at the officers. The Occupy members then clashed with the officers as people with the pro-whites group hurried into the parking garage.

"It was the activists across the street engaging the officers," said CHP officer Sean Kennedy.

Two officers suffered minor injuries and were taken to a hospital. CHP Capt. Andy Menard said one officer who was struck in the face by an object was released from the hospital. The second officer was getting X-rays after apprehending a person suspected of throwing objects, Menard said.

Kennedy said the officer who was struck by an object was showing signs of possibly being affected by some type of chemical or pepper spray.

The CHP arrested three members of the Occupy group on suspicion of disobeying an officer.

The violence abated after a large contingent of law enforcement arrived at the scene, about a block from the Capitol.

The clash followed a tense afternoon during which peace officers kept the two groups separated outside the Capitol.

Members of the South Africa Project were trying to draw attention to what they said is black-on-white violence in that country. Organizers said similar demonstrations were planned in other states and elsewhere in California.

The group was mostly male and white, some with shaved heads and prominent tattoos.

Many of the Occupy protesters, some wearing hoods or masks, said they came from the San Francisco Bay area to counter what they called a racist group affiliated with former Louisiana Ku Klux Klan leader David Duke.

Morris Gulett, a spokeman for the South Africa Project, called the clash in Sacramento unfortunate.

"It's not surprising that the counter-protesters got in the way of the peaceful march we wanted it to be," Gulett said. "Our intention was to conduct a peaceful march."

Occupy protesters had been cursing at the South Africa Project rally and at officers keeping the two sides apart.

Ryan Stark, 26, who said he is part of Occupy Sacramento, said he joined the protesters challenging the South Africa Project protesters because there needed to be a showdown.

"I didn't throw anything ... but these sorts of demonstrations need to happen," he said, referring to the counter protest. "They do have the right to say what they want, but we're not going to let it fly."

The public was being kept away from the scene of the confrontation by police officers, who were not commenting to reporters. The city's light rail system was stopped through the section of downtown where the clash occurred, and commuters were not allowed to leave the area.

Earlier in the day, a 17-year-old girl with Occupy Oakland was taken to Juvenile Hall after she became combative and assaulted an officer who asked her to pick up litter, Kennedy said.

___

Associated Press photographer Rich Pedroncelli contributed to this report.


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Legal defense for killing U.S.-born terrorists

To kill or not to kill?

Under what conditions can or should the United States government target and kill -- without trial -- a U.S. citizen suspected of plotting terrorism?

Attorney General Eric Holder today provided the most detailed terms to date on the legal principals behind the U.S. drone campaign and the U.S. government's legal authority to target and kill U.S. citizens such as Anwar al-Awlaki, a suspected high-profile al Qaeda recruiter.

"Let me be clear: An operation using lethal force in a foreign country, targeted against a U.S. citizen who is a senior operational leader of al Qaeda or associated forces, and who is actively engaged in planning to kill Americans, would be lawful at least in the following circumstances: First, the U.S. government has determined, after a thorough and careful review, that the individual poses an imminent threat of violent attack against the United States; second, capture is not feasible; and third, the operation would be conducted in a manner consistent with applicable law of war principles," Holder said his speech at the Northwestern University Law School. "The evaluation of whether an individual presents an 'imminent threat' incorporates considerations of the relevant window of opportunity to act, the possible harm that missing the window would cause to civilians, and the likelihood of heading off future disastrous attacks against the United States."

"Some have called such operations 'assassinations.' They are not, and the use of that loaded term is misplaced. Assassinations are unlawful killings," Holder continued in his prepared remarks. "The U.S. government's use of lethal force in self defense against a leader of al Qaeda or an associated force who presents an imminent threat of violent attack would not be unlawful -- and therefore would not violate the Executive Order banning assassination or criminal statutes."

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Although Awlaki was clearly a top terrorist target, two other U.S. citizens have been killed by American strikes in Yemen, including Awlaki's son, though those deaths have been viewed as "collateral damage" and were not specifically targeted.

Awlaki was killed in a Sept. 30, 2011, drone strike along with Samir Khan, another American citizen from North Carolina who had never been charged by the Justice Department with a crime. Khan was alleged to have been a prolific propagandist for Al Qaeda in the Arabian Peninsula and main force behind the online publication Inspire, an English-language al Qaeda magazine dedicated to violent jihad and how-to-ideas on terrorist attacks.

READ: Al Qaeda Threatens Vengeance for Anwar Al-Awlaki Death

Awlaki's 16-year-old son was also killed by the United States when he reportedly ran away from the family home in Yemen in an attempt to try and find his father. Abdulrahman al-Awlaki, who was born in the United States had gone to Yemen to be with family, was killed weeks after his father's death in another drone strike along with two other alleged al Qaeda operatives he may have been staying with.

In response to Holder's remarks, Hina Shamsi, director of the American Civil Liberties Union's National Security Project, called the logic behind the legal killing of American citizens "chillingly broad."

"While the speech is a gesture towards additional transparency, it is ultimately a defense of the government's chillingly broad claimed authority to conduct targeted killings of civilians, including American citizens, far from any battlefield without judicial review or public scrutiny," Shamsi said in a statement today.

The issue of being able to target and kill U.S. citizens in counter-terrorism operations was first addressed by then Director of National Intelligence Dennis Blair in February 2010.

"We take direct actions against terrorists in the intelligence community. If…we think that direct action will involve killing an American, we get specific permission to do that," Blair told the House Permanent Select Committee on Intelligence.

Holder's remarks broadly made reference to the post-Sept. 11, 2001 Authorization for Use of Military Force passed by Congress, which the Bush administration often cited in some of their controversial counter-terrorism policies such as detaining U.S. citizens in military custody and the NSA's warrantless wiretapping program.

"Because the United States is in an armed conflict, we are authorized to take action against enemy belligerents under international law," Holder said today. "The Constitution empowers the President to protect the nation from any imminent threat of violent attack. And international law recognizes the inherent right of national self-defense. None of this is changed by the fact that we are not in a conventional war."

Holder in his speech made no reference to the Justice Department's legal memos from the Office of Legal Counsel authorizing the targeting of Americans.

The New York Times reported on the existence of the memos in October 2011. After ABC News filed a Freedom of Information Act requests to the Justice Department's Office of Legal Counsel concerning the memos, the department said that they could neither confirm nor deny the existence of any documents on the subject of Awlaki or the justified targeting and killing of U.S. citizens in counter-terrorism operations.

The legality of the program was addressed by Presidential candidate Rep. Ron Paul (R-TX) who denounced the Obama administration for the controversial tactic.

"According to the Fifth Amendment of the U.S. Constitution, Americans are never to be deprived of life, liberty, or property without due process of law. The Constitution is not some aspirational statement of values, allowing exceptions when convenient, but rather, it is the law of the land. It is the basis of our Republic and our principal bulwark against tyranny. Last week's assassination of two American citizens, Anwar al-Awlaki and Samir Khan, is an outrage and a criminal act carried out by the President and his administration." Rep. Paul said in an Oct. 10, 2011, statement.

Officials have previously acknowledged that the Justice Department and the National Security Council were highly involved in drafting the authorities when they were first disclosed by DNI Blair.

Before his death, top counter-terrorism officials acknowledged that Awlaki and al Qaeda's affiliate in Yemen to be the top terrorism concern to the United States.

"I actually consider al Qaeda in the Arabian Peninsula with al-Awlaki as a leader within that organization probably the most significant risk to the U.S. homeland," Michael Leiter said before Congress last February when he was the Director of the National Counterterrorism Center.

Awlaki was linked to numerous terrorism investigations in the United States serving as a key individual espousing terrorist acts in his sermons which were posted online. Fort Hood shooter Nidal Hasan had exchanged emails with Awlaki before he killed 13 people and wounding more than 30 in an assault on Fort Hood in November 2009.

Awlaki is believed to have inspired several other terror plots in the U.S. as well and was key in providing operational instructions Umar Farouk Abdulmutallab in the attempted Christmas Day underwear bombing of Northwest flight 253.

In addition to the more recent strikes, the American government has killed U.S. citizens abroad since the War on Terror began. In 2002, the CIA killed American-born Kamal Derwish, a member of the "Lackawanna 6" terror group during a CIA Predator drone strike. Derwish was driving in a car with other members of al Qaeda, the government said.

In 2008, a missile strike in Somalia killed American Ruben Shumpert, a Seattle man suspected of being an Islamist radical. Shumpert was wanted by federal authorities on gun and counterfeit currency charges. He had agreed to plead guilty but fled the country days before sentencing in 2004.

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