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President Obama announces he will Veto Keystone XL pipeline.

White House press secretary Josh Earnest told members of the news media on Tuesday at the daily briefing that President Obama would veto a bill that would allow for the construction of the Keystone XL pipeline. (WhiteHouse.gov)

This post has been updated. 

President Obama would veto a bill that would allow for the construction of the Keystone XL pipeline, the White House said Tuesday.

"If this bill passes this Congress, the president wouldn't sign it," said White House press secretary Josh Earnest.

The White House's announcement came as the Republican-controlled Congress was being sworn in. GOP leaders have pledged to pass a bill authorizing the pipeline's construction. Sen. Joe Manchin (D-W.Va.) and John Hoeven (R-N.D.) introduced legislation Tuesday authorizing the pipeline's construction.

"The president is going to see the Keystone XL pipeline on his desk," Sen. John Barrasso (R-Wyo.) said Sunday on "Meet the Press."

Senate Democrats narrowly blocked passage of the bill in November. The White House said at the time that the bill was something Obama "doesn't support."

"If this bill passes this Congress, the president wouldn't sign it either," Earnest said.

Earnest said there is a "well-established process in place" for approving projects such as Keystone. The $7.6 billion project would stretch nearly 1,700 miles and deliver 830,000 barrels of oil a day from western Canada to the United States. Earnest said that because there is a process, Congress should not meddle.

That process is held up by a lawsuit in Nebraska over whether the state legislature could allow the governor to make decisions on the pipeline rather than the state's Public Utilities Commission.

"I think the president has been pretty clear that he does not think that circumventing a well-established process for evaluating these projects is ... the right thing for Congress to do," Earnest said.

Obama rejected a Canadian firm's application to build the pipeline in 2012.

At a year-end news conference in December, Obama sought to downplay the benefits of the pipeline. He said the benefits for U.S. citizens and workers from the pipeline would be "nominal."

"I think that there's been this tendency to really hype this thing as some magic formula to what ails the U.S. economy," Obama said.

House Speaker John Boehner said Obama has sided with "fringe extremists" in the Democratic party who do not support Keystone, not Americans who do want the pipeline to be built. Boehner said the veto threat shows that Obama is "hopelessly out of touch" and has "no plans" to listen to his constituents.

"After years of manufacturing every possible excuse, today President Obama was finally straight with the them about where he truly stands.  His answer is no to more American infrastructure, no to more American energy, and no to more American jobs," Boehner said in a statement.

Jack Gerard, chief executive of the American Petroleum Institute, said the group is "very disappointed" by the veto threat.

"And I think it doesn't bode well for relationships between the White House and Capitol Hill" Gerard said. "I'm disappointed the president has made that decision. I'm hopeful he and his advisers will reconsider."

The move angered not just Republicans and oil industry officials but some Democrats such as Manchin.

"It's the most discouraging thing I've ever heard," Manchin said in a phone interview, minutes after Earnest had made his comments. "For the leader of the country to say basically, 'Forget it, this is all for naught,' is not what this country is about, it's not what we're all about, and it's not the process that I'm used to working through."

Manchin said the move made a mockery of a legislative process under which Democrats as well as Republicans would have a chance to offer amendments to alter the bill. "To say that he won't give it a chance is absolutely a disservice to our country," he added.

At the same time that the White House issued its veto threat, Sen. Richard J. Durbin (D-Ill.) objected to the Senate Energy and Natural Resources Committee holding a hearing Wednesday on the Keystone XL bill. Durbin said another Democrat, whom he did not identify, objected to the session.

"While this means we won't be having a hearing tomorrow, it does not slow down the Keystone XL floor process," the panel's spokesman, Robert Dillon, wrote in an e-mail. "Sen. Murkowski was committed to moving legislation through regular committee order and having a robust hearing process. Working with the incoming ranking member, we had lined up witnesses from a labor union and the Center for American Progress (CAP) to testify on the Keystone XL. Democrats will no longer have an opportunity to hear that testimony or make statements. We think that's unfortunate."

Environmentalists, meanwhile, lauded the president's veto threat.

"The new Republican majority in Congress wants to play pipeline politics with our future, and the president is focused on a single question: is the tar sands pipeline in our national interest," said Bob Deans, a spokesman for the Natural Resources Defense Council. "It's not."

Sen. Bernie Sanders (I-Vt.) said he applauds Obama "for standing up to Republicans trying to ram through Congress a bill to let a Canadian oil company ship some of the dirtiest oil on the planet across the United States on its way to overseas markets."

Supporters of Keystone argue that the pipeline will create jobs tied to the pipeline's construction and boost a source of reliable energy, helping the economy. Opponents counter that it will extract oil from dirty tar sands in Canada and do little to help the U.S. economy.

Juliet Eilperin and Lori Montgomery contributed reporting.

Katie Zezima covers the White House for Post Politics and The Fix.

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Active shooter reported at VA hospital in Texas [Live]

UPDATED 1/6/15 at 8:27 p.m.

(CNN) —  The doctor that was shot during the VA hospital shooting on Tuesday has died.

The gunman shot the doctor before he turned the gun on himself.

"One person was killed Tuesday when a gunman opened fire at the El Paso VA Health Care System in Texas… The alleged shooter is dead, and we have one casualty. That casualty is deceased. All other VA patients and staff are safe," Maj. Gen. Stephen M. Twitty told reporters.

EL PASO, Texas – Law enforcement officials were called to a possible 'active shooter' situation at a VA hospital in Texas.

According to KTSM, the El Paso William Beaumont Army Medical Center/VA was on lockdown due to a possible 'active shooter' Tuesday afternoon.

Initial reports indicate no one is in custody at this time.

El Paso Police reportedly turned over the scene around 5 p.m. to military police and federal law enforcement for further investigation.

Just before 5:45 pm., officials announced the situation is now under control.

At a press conference, officials confirmed that a doctor at the clinic was shot before the gunman turned the gun on himself.

The condition of the doctor is currently unknown.

This is a developing story. Check back for updates.

See a typo? Report it here.

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Pittsburgh restaurant trailblazes with a no-tipping policy, offers salary and benefits instead

Bar Marco has been rocking the boat since it launched—with a restaurant that has been recognized nationally not only for its inventive food but also for its focus on community programming. And as it turns three this year, it shows no signs of stopping. On January 2, the restaurant tweeted some pretty groundbreaking news.

Bar Marco Tweet

With this move, Bar Marco leads with a handful of restaurants in the country—including Thomas Keller's and Daniel Patterson's restaurant groups—opting to eschew tipping in favor of offering their staff not only a living wage but the stability that is hard to come by when your take home pay depends on tips.

The minimum wage for tipped workers in Pennsylvania is $2.83. According to a recent Mother Jones article, up to 40 percent of restaurant workers live in near-poverty and less than 15 percent of restaurant workers have employer-sponsored health insurance compared to 42 percent for other industries.

"We've been watching the data all year. I put together what we have to do to pay the front and back equally and pay them well and give them a share of the upsides," says Bar Marco co-owner, Bobby Fry.

Bar Marco will not be adding a service charge to diners' checks nor will the prices suddenly increase significantly.

"Every restaurant does it a little bit differently. Some restaurants charge a 20 percent service fee—I don't think that will work well for us," says Fry. "Our plan hinges on hitting revenues—mainly the expansion of the wine room where gratuity and tax have been included since it launched."

Instead of the current two ticketed seatings, the restaurant will now take reservations. "Six courses for $65, plus wine pairings for an additional $40," says Fry. "We have also put together a great team in the kitchen. Our menu will change subtly—with dishes that offer more depth."

All employees at Bar Marco will work 40-44 hours a week maximum—with two days off, plus one night, since the restaurant is closed on Sundays. On top of that, employees get 10 vacation days. Each employee will be paid $35,000 a year base salary, plus health care from date of hire and 500 shares in the business that will vest after three months of employment. Every share is worth $1 after three months and it increases in value as it matures.

"All of our current employees have seen and approved the contract," says Fry. "They will have a lot of responsibilities, too—like being present at bi-monthly finance meetings. We want complete transparency. We want people who want to be part of what we are doing and who want to grow with us."

What is the public's reaction to this news? The tweet in the image featured here had over 300 retweets and favorites.

Still want to leave a gesture of appreciation for the good service you receive? Please do. When the new structure launches, tips at Bar Marco will go toward the Food Revolution Pittsburgh Cooking Club.

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2 NYPD Officers Shot in Bronx: FDNY

UPDATE: Two Arrested in Shooting of 2 NYPD Officers in Bronx

A man suspected of shooting two NYPD officers responding to a robbery call in the Bronx late Monday is in custody, sources familiar with the investigation tell NBC 4 New York, and a second suspect was taken into custody from the Manhattan hospital he went to with a gunshot wound. 

A third man described as a person of interest in the case was also taken into custody. 

The alleged gunman was picked up in the Bronx Tuesday afternoon, hours after he was allegedly captured on a restaurant's surveillance video opening fire on the officers. The officers returned fire and two of the cops --  30-year-old Andrew Dossi and 38-year-old Aliro Pellerano -- were wounded.  

Pellerano, a nine-year NYPD veteran with more than 500 arrests during his time on the force, was shot in the abdomen and arm near East 184th Street and Tiebout Avenue in Fordham at around 10:30 p.m. Monday, officials said. Dossi, an eight-year NYPD veteran who has notched more than 125 arrests, was shot in the arm and lower back. Both are hospitalized in stable condition, and Police Commissioner Bill Bratton said Pellerano would likely be released Wednesday.

The officers, who were in plain clothes, were part of a group of five cops responding to a call about a robbery at a deli store on East 180th Street in the Bronx, Bratton said. The officers were approaching two suspects who had just entered a nearby restaurant when one of the suspects opened fire, Bratton said. The officers returned fire and two of the cops were wounded, along with one of the suspects.

The suspect apprehended Tuesday afternoon is believed to be the gunman shown clearly in surveillance video obtained from the Chinese food restaurant he had stepped inside; the other suspect taken into custody at NewYork-Presbyterian Hospital in upper Manhattan, where he went with a gunshot wound to the back, is not believed to have fired a gun at the officers.  

After the shooting, Bratton said the suspects ran to Marion Avenue, where they carjacked a white Chevrolet Camaro from a man and a woman. A short time later, they abandoned the car and ran, police said. Investigators recovered a black Ruger Blackhawk revolver nearby.

Photo credit: NYPD

Mayor de Blasio spoke at Tuesday's news conference and thanked the officers for risking their lives to keep the city safe.

"As always, the city of New York and the NYPD will be with them through this challenge and as these officers recover," de Blasio said.

The officers were shot hours after the mayor and the police commissioner held a joint news conference to tout record low crime levels, with overall crime down 4 percent from last year. But shootings were up 13 percent, which NYPD officials admitted were "an area of concern." 

Last month, NYPD officers Wenjian Liu and Rafael Ramos were shot and killed while sitting in a patrol car in Brooklyn, fueling tension between police and City Hall. Police unions have blamed de Blasio for permitting protests over police conduct that has, in turn, fostered an anti-NYPD atmosphere they believe contributed to the killings of the officers. The family of the gunman, Ismaaiyl Brinsley, said he was emotionally disturbed and that the shootings had nothing to do with police retaliation.

The organization COP SHOT, Citizens Outraged at Police Being Shot, has offered a $20,000 reward leading to the arrest and conviction of the suspects.

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"Hands up don't shoot" protesters interrupt 100-year-old WWII veteran at medal ceremony.

U.S. Navy veteran Dario Raschio was all smiles Saturday as he awaited a special honor from U.S. Sen. Ron Wyden, who joined him at Portland Community College's Southeast Campus to present the 100-year-old with a handful of medals.

"I feel I'm no hero," said Raschio, dynamic and spry, before the event. "I don't accept it as being a hero. I accept it as being a part of my job."

Shortly after Wyden began speaking, though, protesters erupted in the back of the room, shouting "hands-up, don't shoot!" More than 100 pushed through the doors, banged on the windows from outside and hoisted signs.

Raschio and his daughter, Pam Brown of Portland, had a front-row seat to the spectacle. Raschio's smile faded.

Demonstrators across the country have used "don't shoot" and "hands up" as rallying cries following the fatal shooting of Michael Brown by a white police officer in Ferguson, Missouri, last fall. "I can't breathe" references the death of Eric Garner, an unarmed black man who died in July following a chokehold by a New York City police officer.

The medal presentation was to be the first event at a Wyden town hall, one of several the senator, D-Oregon, is holding around the state this week. After 15 minutes of shouting, Wyden persuaded the group to stop and let him proceed with the medal presentation.

Raschio's smile returned as Wyden presented him with a frame filled with medals. He was awarded the U.S. Naval Aviator Badge, the American Campaign Medal, the Asiatic Pacific Campaign Medal, the World War II Victory medal, the American Defense Service Medal, the "Ruptured Duck" award and the U.S. Navy Honorable discharge pin.

He was also given a flag flown over the U.S Capitol.

"It is never too later for Oregon and America to remember one of our heroes," Wyden said.

Raschio joined the Navy at the age of 27. He piloted observational planes, and was based on the USS Chester. He participated in five campaigns in the Pacific Theatre.

One harrowing incident took place on Easter Sunday in 1944. He had been on a mission and took gunfire. When returning to the ship, his plane went down in the ocean and he figured that he and his passenger were likely to die in the water. A Navy destroyer came along a few hours later and rescued the pair, just as sharks were beginning to circle.

He then revealed the location of an ammo dump they had viewed from the sky on a South Pacific island. The dump was destroyed.

On Saturday, Raschio glossed over the incident. He seemed more concerned by the immediate action he was witnessing. As he grabbed the mic to speak, more shouts came from the back of the room, demanding the military exit from Iraq.

The feisty centenarian quickly responded, "Give me a chance" which brought chuckles from the audience. He further chastised the shouters, saying "Let's show a little respect for this occasion," to which the crowd applauded.

He accepted the medals on behalf of those who died in WWII and ended his short speech by saying, "God bless America. And you people that are here for a cause, whatever it might be—show respect to Sen. Wyden."

Wyden took back the mic, and followed up, "One of the reasons that we can come here today and be heard and express our views is because of veterans like Dario."

But before Raschio could even sit down the unrest resumed. A protester at the front of the room announced that "for 4.5 minutes we are going to take time to pay respect to everybody who has been killed by police in this nation."

With that, the chanting began again. At 3:15, after waiting 45 minutes for the meeting to begin, organizers called it off.

A coalition called Don't Shoot Portland had planned a rally on Southeast 82nd Avenue on Saturday afternoon and two were arrested earlier in the afternoon for allegedly blocking the avenue.

Wyden said later, "I think that the symbolism of having a veteran 100 years old, who fought so gallantly so that those who disagree with government policies and want to exercise their First Amendment rights could be heard, that's what made today so poignant."

—Kristyna Wentz-Graff

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Florida becomes 36th state to legalize gay marriage.

Florida's ban on same-sex marriage ended statewide at the stroke of midnight Monday, and court clerks in some Florida counties wasted no time, issuing marriage licenses and performing weddings for same-sex couples overnight.

But they were beaten to the punch by a Miami judge who found no need to wait until the statewide ban expired. Miami-Dade Circuit Judge Sarah Zabel presided over Florida's first legally recognized same-sex marriages Monday afternoon.

Still, most counties held off on official ceremonies until after midnight early Tuesday, when U.S. District Judge Robert L. Hinkle's ruling that Florida's same-sex marriage ban is unconstitutional took effect in all 67 counties. Florida's attorney general, Pam Bondi, is still pursuing state and federal appeals seeking to uphold the ban voters approved in 2008, but her effort to block these weddings until the courts finally rule was denied by the U.S. Supreme Court.

And now that same-sex marriage is a reality in Florida, Bondi's spokeswoman told The Associated Press "the judge has ruled, and we wish these couples the best."

The addition of Florida's 19.9 million people means 70 percent of Americans now live in the 36 states where gay marriage is legal.

"It's been a long time coming. We're just so excited and so happy," said Osceola County Commissioner Cheryl Grieb moments after she married Patti Daugherty, her partner of 22 years, at the Osceola County Courthouse in Kissimmee, just south of Orlando. Dressed in matching white pants and white embroidered shirts, the couple stood under a canopy of lace and ribbons as County Clerk of Court Armando Ramirez officiated and U.S. Rep. Alan Grayson, D-Fla., served as a witness. A countdown clock was placed in the front of the room, and supporters counted down to midnight 10 seconds before the clock struck 12.

"I'm hyped up at the moment," said Grieb, whose marriage was the first in Osceola County and was followed by 27 others in the early morning hours.

Outside the courthouse, about 20 protesters held signs reading "God says male and female should be married" and "Sodom and Gomorrah," but same-sex marriage supporters ignored them.

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FBI says search warrants not needed to use “stingrays” in public places

The Federal Bureau of Investigation is taking the position that court warrants are not required when deploying cell-site simulators in public places. Nicknamed "stingrays," the devices are decoy cell towers that capture locations and identities of mobile phone users and can intercept calls and texts.

The FBI made its position known during private briefings with staff members of Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) and Sen. Chuck Grassley (R-Iowa). In response, the two lawmakers wrote Attorney General Eric Holder and Homeland Security chief Jeh Johnson, maintaining they were "concerned about whether the FBI and other law enforcement agencies have adequately considered the privacy interests" of Americans.

According to the letter, which was released last week:

For example, we understand that the FBI's new policy requires FBI agents to obtain a search warrant whenever a cell-site simulator is used as part of a FBI investigation or operation, unless one of several exceptions apply, including (among others): (1) cases that pose an imminent danger to public safety, (2) cases that involve a fugitive, or (3) cases in which the technology is used in public places or other locations at which the FBI deems there is no reasonable expectation of privacy.

The letter was prompted in part by a Wall Street Journal report in November that said the Justice Department was deploying small airplanes equipped with cell-site simulators that enabled "investigators to scoop data from tens of thousands of cellphones in a single flight, collecting their identifying information and general location."

The bureau's position on Americans' privacy isn't surprising. The Obama Administration has repeatedly maintained that the public has no privacy in public places. It began making that argument as early as 2010, when it told a federal appeals court that the authorities should be allowed to affix GPS devices on vehicles and track a suspect's every move without court authorization. The Supreme Court, however, eventually ruled that warrants are required. What's more, the administration has argued that placing a webcam with pan-and-zoom capabilities on a utility pole to spy on a suspect at his or her residence was no different from a police officer's observation from the public right-of-way. A federal judge last month disagreed with the government's position, tossing evidence gathered by the webcam that was operated from afar.

In their letter, Leahy and Grassley complained that little is known about how stingrays, also known as ISMI catchers, are used by law enforcement agencies. The Harris Corp., a maker of the devices from Florida, includes non-disclosure clauses with buyers. Baltimore authorities cited a non-disclosure agreement to a judge in November as their grounds for refusing to say how they tracked a suspect's mobile phone. They eventually dropped charges rather than disclose their techniques. Further, sometimes the authorities simply lie to judges about their use or undertake other underhanded methods to prevent the public from knowing that the cell-site simulators are being used.

"The Judiciary Committee needs a broader understanding of the full range of law enforcement agencies that use this technology, the policies in place to protect the privacy interests of those whose information might be collected using these devices, and the legal process that DOJ and DHS entities seek prior to using them," Leahy and Grassley wrote in their letter to Holder and Johnson.

Hanni Fakhoury, an attorney for the Electronic Frontier Foundation, said some states and judges are pushing back against stingrays.

"In Tacoma, judges now require police (to) specifically note they plan to use an IMSI catcher and promise not to store data collected from people who are not investigation targets," he said. "The Florida and Massachusetts state supreme courts ruled warrants were necessary for real-time cell phone tracking. Nine states—Colorado, Illinois, Indiana, Maryland, Minnesota, Tennessee, UtahVirginia, and Wisconsin—passed laws specifically requiring police to use a warrant to track a cell phone in real time."

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