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Bush calls leaders about Mideast, India

CRAWFORD, Texas, Dec. 31 (UPI) -- U.S. President George Bush spent the last day of 2008 in telephone diplomacy, discussing Gaza and tensions between India and Pakistan, a spokesman said.

Bush spoke with Israeli Prime Minister Ehud Olmert about the Israeli air assault on Gaza, with Olmert assuring Bush "that Israel is taking the appropriate steps to avoid civilian casualties," White House spokesman Gordon Johndroe said during a briefing at the Bush's Crawford, Texas, ranch.

"President Bush got an assurance from Prime Minister Olmert that Israel is, as they have said they are doing, only targeting Hamas and that terrorist organization, and people involved with Hamas, and that they are working to minimize any civilian casualties," Johndroe said.

Of the more than 350 Palestinian casualties, the United Nations estimates about 60 are civilians.

While not revealing any details of possible steps leading to a cease-fire, Johndroe said, any truce "begins with Hamas agreeing to stop firing rockets and to stop targeting Israel."

Bush also spoke with Indian Prime Minister Manmohan Singh and Pakistani President Asif Ali Zardari, urging both countries to cooperate in the investigation into the terrorist attacks on Mumbai, India, in particular and on counterterrorism matters in general, the spokesman said.

"All three leaders, from the United States, India and Pakistan, agreed that no one wanted to take any steps that unnecessarily raise tensions," Johndroe said.

Burris 'fine,' but Obama backs Senate Dems

CHICAGO, Dec. 31 (UPI) -- President-elect Barack Obama restated his support of the Senate Democrats' plan not to seat his successor, even though Roland Burris is a "fine public servant."

Burris, 71, a former Illinois attorney general, was appointed by embattled Illinois Gov. Rod Blagojevich, who defied calls that he not appoint someone to fill the Senate seat vacated by the president-elect. The Senate Democratic Caucus said it would not seat anyone appointed by the Illinois governor, who was arrested Dec. 9 on federal corruption accusations, including one that he tried to sell Obama's open Senate seat to the highest bidder.

"Roland Burris is a good man and a fine public servant," Obama said in a statement late Tuesday, "but the Senate Democrats made it clear weeks ago that they cannot accept an appointment made by a governor who is accused of selling this very Senate seat. I agree with their decision ... ."

Obama expressed disappointment that Blagojevich ignored the Senate Democrats' warning.

"I believe the best resolution would be for the governor to resign his office and allow a lawful and appropriate process of succession to take place," Obama said. "While Governor Blagojevich is entitled to his day in court, the people of Illinois are entitled to a functioning government and major decisions free of taint and controversy."

Obama furloughs 90 Bush Defense appointees

WASHINGTON, Dec. 31 (UPI) -- Ninety political appointees at the Pentagon have been told their services will not be needed once U.S. President-elect Barack Obama takes office.

Scott Gration, a senior official on Obama's transition team, called and e-mailed several of President George Bush's Defense Department appointees about 10 days ago, telling them they were being let go, The Hill reported.

Jim O'Beirne, special assistant to the Defense secretary, followed up Gration's e-mail, expressing frustration that Gration informed the employees directly instead of alerting O'Beirne's office first.

"With regard to the process, I am unable to provide an explanation," O'Beirne wrote in the e-mail obtained by The Hill and published Tuesday. "I played no part in it, and I will not speculate why matters were handled as they were."

A Pentagon spokesman said Defense Secretary Robert Gates, who is staying with Obama, was "absolutely satisfied" with the way the transition was handled.

Gates requested that many appointees stay on and the "Obama team was able to cooperate," Defense Department spokesman Geoff Morrell said.

The Pentagon has about 250 political appointees.

California 'three strikes' sentence voided

SAN FRANCISCO, Dec. 31 (UPI) -- California's attorney general's office says it hasn't yet decided if it will appeal a ruling against a prison term imposed under the state's three-strikes law.

A federal appeals court said a registered sex offender's 28-years-to-life sentence for failing to update his address amounted to a violation of constitutional protections against cruel and unusual punishment.

"This is not a case where my client failed to register. He failed to update his address information," said Gia Kim, the attorney for inmate Cecilio Gonzalez.

The Los Angeles Times reported Wednesday the ruling did not address the three-strikes law itself, but found that the sentence imposed on Gonzalez in 2001 constituted cruel and unusual punishment.

The Times said conservative circuit Judge Jay Bybee noted in the opinion that Gonzalez's actions were more oversight than illegal and would not even be considered a crime in 11 states.

Attorney General Jerry Brown's office had no comment on the ruling and would not say if it would be appealed.

Gonzalez received the sentence after missing a deadline to notify police he had moved. The ruling Tuesday by the U.S. 9th Circuit Court of Appeals in San Francisco remanded the case back to federal court in Los Angeles for resentencing.

Minnesota recount ends 2008, starts 2009

ST. PAUL, Minn., Dec. 31 (UPI) -- Officials in several Minnesota counties Wednesday resumed their review of unopened absentee ballots that could decide the yet-to-be-determined U.S. Senate race.

Democratic challenger Al Franken had an unofficial 49-vote lead over Republican incumbent Sen. Norm Coleman, pending the counting of any additional absentee ballots, the Star Tribune newspaper in Minneapolis reported.

Under an intricate court decision, county officials and campaign representatives must agree on which ballots were wrongly rejected. Those will be forwarded the Minnesota Secretary of State's office, which will count them and ship the results to the state Canvassing Board for its review Monday.

In Washington, a spokesman for Senate Majority Leader Harry Reid of Nevada said it "appears" the state Canvassing Board would certify Franken, a former Saturday Night Live writer and performer, as the winner.

"We're keeping abreast of the situation and will make a decision with regard to Senate action at the appropriate point in the process," spokesman Jim Manley said Tuesday.

Minnesota's other U.S. senator, Democrat Amy Klobuchar, said if the Canvassing Board declares a winner Monday, the Senate should "consider seating that person pending litigation."

Senate GOP members indicated they would try to block any effort by Democrats to seat Franken before all legal matters in the recount are settled, the Star Tribune said.

Under Minnesota law, the governor and secretary of state can issue a certificate of election officially declaring a winner only after any legal challenges are resolved.

New Year's Eve to be cold, windy in NYC

NEW YORK, Dec. 31 (UPI) -- It's going to be a cold, snowy New Year's Eve for those who ring in the New Year in New York's Times Square, forecasters said Wednesday.

An Alberta clipper -- winter weather patterns that assault the northeastern United States from Canada -- was expected to spread snow across the Northeast, followed by gusty winds wrapping around the back side of the low pressure system, Accuweather.com reported.

The meteorologists said the clipper would produce a swath of 3 to 6 inches of snow across southern New York, northern Pennsylvania and southern New England during the day Wednesday, with a narrower band of more than 6 inches falling within the zone. Storm-related watches, warnings and advisories were posted from the lower Great Lakes to southern New England.

But the real problem for New Year's Eve revelers will be the strong winds following the system. Frigid winds were set to create blizzard conditions in New England, including Boston, by Wednesday afternoon. Gusts of up to 55 mph were predicted for New York City, with blowing snow and wind chill values as low as minus 5 degrees, the National Weather Service said.