Opinion: Highs, lows for Obama & Rubio

State of the Union

State of the Union

State of the Union

State of the Union

State of the Union

State of the Union

State of the Union

State of the Union

State of the Union

State of the Union

State of the Union

STORY HIGHLIGHTS

• David Gergen: Significant moment of diversity in President Obama, Sen. Rubio


• Gergen: Best of Obama was a call for gun control; the worst was failure to address deficit


• Neither one specified how his party would fund or handle certain issues, he says


• Gergen: Both ignored some deeper, underlying problems such as out-of-wedlock births

Editor's note: David Gergen is a senior political analyst for CNN and has been an adviser to four presidents. A graduate of Harvard Law School, he is a professor of public service and director of the Center for Public Leadership at Harvard University's Kennedy School of Government. Follow him on Twitter.

(CNN) -- Neither the State of the Union address by President Barack Obama nor the response by Sen. Marco Rubio will ever find a place in the anthology of best American speeches, but together they were important entries in the political dialogue. Before they fade into memory, perhaps a few words are in order about the highs and lows of the evening -- at least from this vantage point:

The most savored thought: Who could have imagined a decade ago hearing an African-American deliver the State of the Union and a Latino offering the opposition's response? No other advanced country in the world has so fully embraced diversity.

Yes, it is true that in 2009 an Indian-American gave the response, but still the country has needed to have more Latinos advance into political leadership. To have Obama and Rubio speak back-to-back was special.

David Gergen

The emotional highlight: After a rather pedestrian opening, the president's speech soared at the end as he called out the victims of gun violence and demanded a vote in their honor. It's hard to remember oratory that has worked so effectively in a State of the Union.

Cody Keenan, please join the president in taking a bow. Keenan is the 32-year old who just became chief speechwriter at the White House. He has been known there in the past as the deputy who had the account for eulogies and commencements -- and in those closing moments, we saw that the president chose the right person to succeed the highly respected Jon Favreau. And yes, the victims deserve a vote!

The biggest disappointment: For the president, this speech was probably his last opportunity to break open the impasse over federal deficits. Only a game-changing proposal had any chance of success -- putting a bold offer on the table of significant changes in Medicare and Social Security along with a tax overhaul in exchange for the GOP dropping the sequester and accepting near-term investments in infrastructure and the like.

But the president never stepped up. Indeed, without admitting it, he is in retreat from the original Simpson-Bowles proposal to lower the national debt as a percentage of gross domestic product. That is a huge setback for the country.

The most pleasant surprise: In days leading up to the address, White House aides had been dropping broad hints to the press that a newly combative Obama would once again stick it to Republicans. Not an olive branch, reported Politico, but a cattle prod. Instead, Obama wisely chose to use tempered, constructive language in addressing the other side. That didn't change the atmosphere much in Washington -- but give the president credit. He didn't make it worse either. It would be good to hear the Republicans act in the same spirit.

The best idea: Among the many proposals Obama set forth, his argument that America should provide quality preschool for every child deserves special attention. Research shows that on average, a low-income child enters kindergarten with a much smaller vocabulary than a high-income child and will likely never make up the gap. Yet one wondered as the president spoke: Whatever happened to the promise that every child would also have quality K-12?

The worst idea: It is one thing for the federal government to intervene in early public education because the system is so deeply in need of reform. But it is another thing entirely to follow the president's notion that the federal government should begin regulating colleges and universities to ensure they are providing good education at affordable prices. Yes, schools must keep tighter control over tuition increases and provide more online courses at cheaper prices, but the last thing we need is for Washington to inject itself deeply into higher education. America has the best colleges and universities in the world; they are a crown jewel. If they ain't broke, Washington shouldn't try to fix them.

What was left out: Obama insisted that his many spending proposals wouldn't add a dime to the deficits. That was risible. Of course, they will cost lots of money -- he just forgot to tell us the price tags and how he would pay for them.

Rubio wasn't much better: He said where Republicans wanted to go on issues, but he rarely told us how they would get there. For example, how exactly would they now overhaul Medicare? And both men ducked conversations about some of our deeper, underlying problems.

Case in point: The United States is undergoing a dramatic shift in childbearing so that half the children born to mothers under 30 are born out of wedlock. We know as well that a child born out of wedlock is more likely to experience poverty and lack an adequate education. We don't need our political leaders to chastise single mothers -- they bear some of the toughest burdens in society -- but we do need our leaders to promote the values of marriage and to demand more responsible fatherhood. The president at least hinted at the problem, but neither man really wrestled with it.

State of the Union addresses might have become boring for many, but they are important. Since Woodrow Wilson, they have been an annual ritual, giving the nation's most powerful elected leader an opportunity to tell Congress and the country what faces us and what we must do as a people. This year's address and its response seemed middling -- some great moments, some clunkers. Sadly, they didn't seem to move us forward. The State of the Union that does that is the one that will make the anthologies.

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The opinions expressed in this commentary are solely those of David Gergen.

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Couple describes Dorner ordeal, unexpected compliment

(CBS News) Police in Southern California are defending their actions in the manhunt for Christopher Dorner. They say they did not intentionally burn down the cabin where he apparently died.

Dorner was a suspected killer with a grudge against the Los Angeles Police Department, but two of his final victims say he didn't seem like a bad man.

Karen and Jim Reynolds are the owners of Mountain Vista Resort, the property where the alleged cop-killer had been hiding the day police tracked him down. On a routine check of one of their units, Dorner surprised them from upstairs.

"He opened the door and came out at us. He had his gun drawn," said Jim. "He yelled 'stay calm' and ran out."

"He talked to us trying to calm us down and saying very frequently he would not kill us," said Karen. "He had said 'I just want to clear my name.'"

Sheriff: Fire in cabin wasn't set intentionally
Calif. deputy slain in ex-cop shootout was father of two
Carjacking victim: Christopher Dorner told me "I don't want to hurt you"

Jim said that Dorner told them he didn't have a problem with them and wasn't going to hurt them.

Dorner had been keeping an eye Karen and Jim for days, and although he had broken in and tied them up, he paid them an unexpected compliment.

"He said we are very hard workers, we're good people. He talked about how he could see Jim working on the snow every day," said Karen.

"He said he'd been watching us shoveling the snow," said Jim.

Dorner left the couple behind, and tried to take their car. But he soon returned, asking how to start their keyless Nissan. Later, the Reynolds managed to undo their restraints and call police. A few hours later, the manhunt was over.

Although the Reynolds were aware of Dorner's alleged trail of violence, they couldn't help but feel some compassion for their captor.

"I really didn't wish him dead, though. I really didn't. I prayed for him a lot and I'm praying for his family now," said Karen.

For John Blackstone's full report, watch the video in the player above

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Cruise Passengers Celebrate as They Near Land

The 4,000 passengers and crew aboard the stricken Carnival Triumph cruise ship will disembark after dark tonight from the fetid cruiser dubbed "the poop deck" on social media, according to officials.

"It will come in. It will not stop," Alabama State Port Authority Director Jimmy Lyons said at a news conference today. "We're going to do everything we can from our standpoint to ensure that this is as smooth as possible."

He estimated the ship would arrive between 7 p.m. and 10 p.m. tonight.

Delighted passengers waved at media helicopters that flew out to film the ship and passenger Rob Mowlam told ABCNews.com by phone today that most of the passengers on board were "really upbeat and positive."

Nevertheless, when he gets off Mowlam said, "I will probably flush the toilet 10 times just because I can."

Mowlam, 37, got married on board the Triumph Saturday and said he and his wife, Stephanie Stevenson, 27, haven't yet thought of redoing the honeymoon other than to say, "It won't be a cruise."

Lyons said that with powerless "dead ships" like the Triumph, it is usually safer to bring them in during daylight hours, but, "Once they make the initial effort to come into the channel, there's no turning back."

Click here for photos of the stranded ship at sea.

Lt. Cmdr. Paul McConnell/U.S. Coast Guard/AP Photo

Carnival Cancels All Scheduled Voyages Aboard the Triumph Watch Video

Carnival Cruise Ship Making Its Way to Port Watch Video

Carnival Cruise Ship Stranded for Third Day Watch Video

"There are issues regarding coming into the ship channel and docking at night because the ship has no power and there's safety issues there," Richard Tillman of the Mobile Bay Convention and Visitors Bureau told ABCNews.com.

When asked if the ship could be disembarked in the dark of night, Tillman said, "It is not advised. It would be very unusual."

Carnival Cruise Senior Vice President of Marketing Terri Thornton, however, insisted during a news conference at the port of Mobile today, "Our understanding is it will be alongside this evening."

Thornton denied the rumors that there was a fatality on the ship. He said that there was one illness early on, a dialysis patient, but that passenger was removed from the vessel and transferred to a medical facility.

The U.S. Coast Guard is assisting now and there are multiple generators on board. And customs officials will board the ship while it is being piloted to port to accelerate the embarkation, officials said.

After eight miserable days at sea, the ship's owners have increased the compensation for what some on board are calling the vacation from hell.

All 3,143 passengers aboard the 900 foot colossus, which stalled in the Gulf of Mexico after an engine room fire early Sunday, were already being given a full refund for the cruise, transportation expenses and vouchers for a another cruise. Carnival Cruise Lines is now boosting that offer to include another $500 per person. Gerry Cahill, president and CEO of Carnival Cruise Lines, announced the additional compensation Wednesday.

"We know it has been a longer journey back than we anticipated at the beginning of the week under very challenging circumstances," he said in a statement. "We are very sorry for what our guests have had to endure. Therefore, in addition to the full refund and future cruise credit already offered, we have decided to provide this additional compensation."

Carnival also said that it has canceled a dozen planned voyages for the Triumph and acknowledged that the crippled ship had been plagued by other mechanical problems in the weeks before an engine-room fire left it powerless in the Gulf of Mexico.

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Obama speech 'relied on amnesia'

STORY HIGHLIGHTS

• Matt Welch: State of the Union featured content-free calls to action for action's sake


• He says governed might want to know what they've gotten in return for ballooning debt


• Didn't we try repairing infrastructure with the stimulus package? he asks


• Welch: Rand Paul spoke to those who think government should get out of way

Editor's note: Matt Welch is editor in chief of Reason and co-author of "The Declaration of Independents: How Libertarian Politics Can Fix What's Wrong With America" (Public Affairs).

(CNN) -- The two most memorable lines of President Barack Obama's fourth State of the Union address were the ad-libbed: "Get it done" (which doesn't appear in the remarks as prepared), and the emotional "They deserve a vote," concerning victims of gun violence.

As exasperated appeals for an obstructionist Congress to get off its duff, the exhortations provided emotional catnip for Democrats. For the rest of us, however, they were sobering reminders of what governing liberalism has deteriorated into: content-free calls to take action for action's sake.

Consumers of national governance are within their rights to ask just what we've gotten in return for ballooning the cost of the stuff since 2000. The answer may lie in not just what the president said, but what he has assumed we've already forgotten.

Matt Welch

"Let's cut in half the energy wasted by our homes and businesses over the next 20 years," said the president, who promised a "Recovery Through Retrofit" three years ago. "The American people deserve a tax code that ... lowers tax rates for businesses and manufacturers that create jobs right here in America," said the man who before he took office vowed to, uh, give "tax breaks to companies that are investing here in the United States."

That "aging infrastructure badly in need of repair"? Well, what happened to the $50 billion from the stimulus package dedicated to precisely that task, or the $50 billion plan 18 months later? Making college "more affordable"? That has been the motivation for continuous ratcheting of government involvement in higher education, which has -- surprise! -- coincided with a several-decade increase in tuition costs and student loan debt.

Greene: In 2013, democracy talks back

Do-something politics works when Americans have amnesia, or are reacting to headline-making tragedies, or when they just want free stuff. But this irresistible force is butting up against the immovable object of a have-nothing U.S. Treasury. Debt service costs will soon overtake defense spending, and baby boomer entitlements are about to transform the federal government into a check-writing program for senior citizens.

Americans know by now that Obama can't possibly believe his own promises that his policies won't "increase our deficit by a single dime," not only because of his poor track record with that particular vow, but because he spends the rest of his time talking about all the various things the government needs to "invest" to create "broad-based growth." It's a conflict at the basic level of vision with those of us who think prosperity is mostly a private-sector affair that is on balance imperiled, not improved, by the exertions of a deficit-spending government.

Opinion: Obama dares Congress to get the job done

Thankfully, and quite unlike during the 2012 presidential campaign, the competing vision was voiced Tuesday night. Not necessarily by a dehydrated but game Sen. Marco Rubio, R-Florida, who delivered the Republican response to the State of the Union address, but by Sen. Rand Paul, R-Kentucky, who did the honors online for the tea party.

"The path we are on is not sustainable," Paul said, directly. "All that we are, all that we wish to be, is now threatened by the notion that you can have something for nothing, that you can have your cake and eat it, too, that you can spend a trillion dollars every year that you don't have."

Paul dinged Republicans as well as Democrats, targeted military spending as well as entitlements, and spent a good 30 seconds giving a more full-throated defense of wartime civil liberties than the allegedly anti-war candidate Obama ever did.

Most importantly, he laid out a truly alternative vision that speaks directly to the growing number of Americans who feel like the federal government has failed as the engine of economic growth, and needs urgently to take a back seat before it does more harm.

Rothkopf: This time, a president in full

"What America needs," Paul said, "is not Robin Hood, but Adam Smith." As Obamanomics continues underperforming through a second term, it will be fascinating to see whether Ron Paul's kid can get more people to agree.

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The opinions expressed in this commentary are solely those of Matt Welch.

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Olympics: Wrestlers vow to fight Olympic removal

PARIS: Wrestlers around the world on Wednesday vowed to fight to save the ancient sport's Olympic status, after the International Olympic Committee voted to drop it for the 2020 Games.

Japan and Turkey -- whose cities Tokyo and Istanbul are bidding to host the Games in seven years' time -- led the calls for the world body to reconsider, as an online petition was organised urging a rethink and gained thousands of supporters.

The president of the Turkish wrestling federation, Hamza Yerlikaya, called the decision, taken at the IOC executive board meeting in Lausanne, Switzerland, on Tuesday, "unfair" and a "mistake" that they would seek to overturn.

"To have the 2020 Olympics in Istanbul without wrestling is unthinkable," said Yerlikaya, himself a double Olympic gold medallist, three-time world champion and eight-time European champion in Greco-Roman wrestling.

"We won't allow it," he added.

In Japan, Yerlikaya's counterpart Tomiaki Fukuda said on his federation's website that he was "dissatisfied and baffled", echoing the views of the sport's world governing body, which called the decision "an aberration".

Wrestling will remain on the programme for the 2016 Olympics in Rio de Janeiro but faces a fight against seven other sports for inclusion at the Games four years later. A final decision is to be made when all IOC members meet in September.

Members are seen as unlikely to vote against the executive board, however, raising the prospect that one of the few sports that survived from the original Olympics in ancient Greece into the modern era will disappear.

Wrestling first appeared in 708 BC and has only ever been left out of the Olympic programme once before in 1900.

The International Federation of Associated Wrestling Styles (FILA) has vowed to fight the decision, while multiple medallists Russia and Iran have also said they hoped the IOC would backtrack.

"This issue will definitely be a big blow to the country's sport, as it is one of our country's most popular sports," the head of Iran's national Olympic commitee, Mohammad Aliabadi was quoted as saying in Iranian media, "I will certainly pursue the case."

IOC president Jacques Rogge meanwhile insisted on Wednesday that the vote -- by secret ballot -- was fair and said he understood the angry response from those involved in the sport.

A meeting was planned between the committee and the International Federation of Associated Wrestling Styles (FILA), to discuss the matter, he told a news conference in Lausanne.

Wrestlers have been left dismayed by the decision, with Japan's undisputed queen of the ring, Saori Yoshida, saying: "I am so devastated that I don't know what to do."

Yoshida, a 55kg-class freestyle wrestler who is the face of Tokyo's campaign for the right to host the 2020 Games, has won a record 13 straight Olympic and world championship gold medals over 10 years.

In India, Sushil Kumar, who won a bronze in Beijing and a silver in London last year, said: "I still can't get over the news that we won't be at the Olympics.

"All sportsmen look towards the Olympics as the pinnacle of excellence, everyone wants to take part in them. Now what do we do? Give up wrestling? I hope the IOC will reconsider this decision."

An online petition at change.org entitled "The International Olympic Committee: Save Wrestling as an Olympic sport #SaveOlympicWrestling" has also been mounted, urging the US Senate to take up the matter.

By late afternoon on Wednesday, it had more than 21,000 signatures.

On Twitter, one user, @WrestlersLoveUs, wrote: "Ancient Olympic wrestlers used to sometimes fight to the death. IOC better understand we're ready to do that again. #SaveOlympicWrestling."

-AFP/fl

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Body found in cabin may be Christopher Dorner

STORY HIGHLIGHTS

• NEW: Michael Crain, who was allegedly shot by Christopher Dorner, is buried in Riverside


• Authorities have a "reasonable belief" that Dorner died in a mountain standoff


• Authorities have not conclusively identified the body found near Big Bear Lake


• The LAPD is still guarding some people named in Dorner's manifesto

Follow the story here and at CNN affiliates KCBS/KCAL, KABC and KTLA.

Riverside, California (CNN) -- Police from around the Los Angeles area gathered to bury one of their own Wednesday while investigators worked to confirm the man blamed for killing Officer Michael Crain and three other people was dead.

A squad of bagpipers led Crain's flag-draped casket through a cordon of blue uniforms into a church in Riverside, the Los Angeles suburb where he served 11 years on the force. Investigators say he was shot and killed by Christopher Dorner, a cashiered Los Angeles cop who launched a vendetta against his old department last week.

Los Angeles Mayor Antonio Villaraigosa said authorities have a "reasonable belief" that the body found in a burned-out cabin in the San Bernardino Mountains late Tuesday is Dorner's. But while the SWAT teams that prowled the city in search of the former Navy officer have stood down, the officers detailed to guard his potential victims remain in place.

"I think we all are breathing a sigh of relief," Villaraigosa said Wednesday. "We do believe that it is the body of Christopher Dorner, but we don't know for a certainty. And until we do, those police officers who were targeted will continue to be protected. That's the least we could do."

Authorities say Dorner launched a guerrilla war against the Los Angeles Police Department over what he considered his unfair dismissal in 2009. He's accused of killing four people -- Crain, a San Bernardino County sheriff's deputy, the daughter of a former LAPD captain and her fiance -- and wounding three other police officers since February 3.

It wasn't clear when a formal identification could be made of the charred remains found in the cabin near Big Bear Lake, about 100 miles east of Los Angeles, after a Tuesday shootout with police. Until then, "a lot of apprehension" remains in the ranks of the LAPD, Lt. Andy Neiman said.

"It's been a very trying time over the last couple of weeks for all of those involved and all those families, friends and everybody that has been touched by this incident," he said.

Timeline in manhunt

Standoff

The fiery standoff that capped the search Tuesday came five days after Dorner's burned truck turned up on a forest road near Big Bear Lake. Officers converged on the remote area, but the trail went cold for days in a fierce blizzard. On Sunday, the San Bernardino authorities said they had scaled back the search.

Los Angeles authorities had issued a $1 million reward for Dorner's capture. Villaraigosa said it was too soon to say if anyone would be able to claim the reward.

What may have been the final act began Tuesday, when California Fish and Wildlife wardens said they spotted Dorner driving a purple Nissan down icy roads near Big Bear Lake. He was driving very close to school buses, as if using them as cover, Lt. Patrick Foy said.

No children were on the buses, he said.

The wardens, driving in two different vehicles, chased Dorner. A gun battle ensued.

One of the warden's cars was hit, and Dorner crashed his car and ran, according to authorities. He then carjacked a pickup truck.

Rick Heltebrake, a camp ranger, said he was driving when he saw the crashed purple truck -- and then something terrifying.

"Here comes this guy with a big gun, and I knew who it was right away," he told CNN affiliate KTLA. "He just came out of the snow at me with his gun at my head. He said, 'I don't want to hurt you. Just get out of the car and start walking.' "

Heltebrake said the man let him take his dog and walk away with his hands up.

"Not more than 10 seconds later, I heard a loud round of gunfire," Heltebrake said. "Ten to 20 rounds maybe. I found out later what that was all about."

How authorities identify a burned body

The fire

Dorner fled to a nearby cabin and got into another shootout with San Bernardino County deputies, killing one and wounding another.

San Bernardino County Sheriff John McMahon told reporters Tuesday the other deputy was in surgery, "but he should be fine."

Some of the firefight between police and the gunman was captured live on the telephone of a reporter for CNN affiliates KCBS and KCAL. Police in Los Angeles listened live over police scanners broadcast on the Internet, Neiman said.

"It was horrifying to listen to that firefight," he told reporters.

The cabin caught fire when police tossed smoke devices inside, a law enforcement source told CNN. The intense fire burned for hours as authorities waited at a distance.

After initially saying that no body had been found, sheriff's investigators finally confirmed overnight that they had found charred human remains in the ashes.

The department said it would work to identify the remains, but it could take a while.

Devices such as flash-bang grenades and tear gas canisters designed to disorient and disable suspects can cause fires, CNN contributor Tom Fuentes, a former FBI assistant director, said Wednesday.

Talk Back: Does the Dorner case teach us anything about guns?

Death toll

The deputy's death in the shootout Tuesday brought to four the number of people that police believe Dorner killed.

Dorner, who vowed to kill police officers to avenge what he called an unfair termination, was first named a suspect in two shooting deaths on February 3: Monica Quan, the daughter of his police union representative, and her fiance, Keith Lawrence.

Police say he killed Crain and wounded Crain's partner in an ambush on their patrol car Thursday. They say he also wounded an LAPD officer who chased him in the suburban city of Corona, California.

Manifesto

Police say Dorner promised a war on police after issuing a manifesto blaming the LAPD for mistreating him. He claimed he was railroaded out of the department after filing a brutality report against another officer and said a culture of racism and misconduct continues within the department.

The manifesto warned dozens of LAPD figures and their families that he would wage "asymmetric warfare" against the department, drawing on his training with the LAPD and as a naval officer in river warfare and security units.

He said it was not something he enjoyed, but called it a "last resort" to clear his name and bring change to the department.

He also predicted his own death would come in a confrontation with police.

"Self Preservation is no longer important to me," the manifesto said. "I do not fear death as I died long ago."

CNN's Miguel Marquez reported from near Big Bear Lake and Lateef Mungin wrote from Atlanta. CNN's Paul Vercammen, Stan Wilson, Casey Wian, Kathleen Johnston, Alan Duke, Matt Smith, Chelsea J. Carter, Michael Martinez, Holly Yan and Michael Pearson also contributed to this report.

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U.S. faces 2nd wrongful death lawsuit over "Fast and Furious"

A second wrongful death lawsuit has been filed blaming U.S. government officials involved in the Bureau of Alcohol, Tobacco and Firearms and Explosives' "Operation Fast and Furious," which allowed thousands of weapons to fall into the hands of Mexican drug cartels.

Tuesday, the Texas family of fallen Immigration and Customs Enforcement (ICE) agent Jaime Zapata sued the Justice Department, the Department of Homeland Security, the former head of the ATF and others they blame in Zapata's death.

In February 2011, Zapata and his partner Victor Avila were gunned down in Mexico by suspected drug cartel members. Avila survived but was critically injured and has joined Zapata's family in the suit.

As CBS News reported, at least two of the murder weapons had been trafficked by suspects the ATF had under surveillance but failed to arrest. Zapata's parents argue that if ATF agents had arrested the suspects and confiscated the weapons early on, the rifles might not have been used in their son's murder.

The Justice Department has not commented except to say that, at the time, the ATF "was not aware of," a suspect's purchase of one weapon used in Zapata's murder. Justice officials said answering further questions would jeopardize the investigation.

Zapata and Avila were on assignment at the U.S. Embassy in Mexico when their supervisors sent them on a mission to pick up some equipment that required driving on an infamous stretch of highway "known to be patrolled and controlled by a dangerous criminal organization," according to the suit. That was despite a recent travel notice that warned U.S. embassy employees of the danger. The lawsuit says Avila objected, but that the two were ordered to make the trip anyway without escort and in an armored Chevrolet Suburban that did not have working GPS.

When a drug cartel vehicle cut off and blocked Zapata and Avila's vehicle, Zapata put the vehicle in park and it automatically unlocked the doors, according to the lawsuit. It says the attackers were able to breach the vehicle, kill Zapata and injure Avila using weapons trafficked by suspects ATF had previously watched without arresting.

The lawsuit blames a number of ATF officials involved in Fast and Furious, including former ATF Director Kenneth Melson, former Phoenix ATF Special Agent in Charge Bill Newell and former ATF Phoenix Group Leader David Voth for developing the controversial strategy of combating the Mexican cartels with "gunrunning activities." According to the suit, "The high-risk tactics of cessation of surveillance, gunwalking, and non-interdiction of weapons that ATF used in Operation Fast and Furious went against the core of ATF's mission ... These inherent flaws of Fast and Furious made its tragic consequences inevitable."

All of the ATF officials named in the lawsuit have denied wrongdoing. Newell has said that Fast and Furious was sanctioned at high levels at ATF and Justice Department headquarters, and that he and his colleagues turned to the controversial strategy of letting guns "walk" into the hands of Mexicans gun cartels because prosecutors were turning away their smaller cases involving just the so-called "straw purchasers" who move the weapons.

Two months ago, the family of Border Patrol Agent Brian Terry sued seven government employees -- including some also named in the Zapata lawsuit. Terry was gunned down by illegal immigrants in the U.S. two months before Zapata, in Dec. 2010. Like the Zapata case, the alleged killers were armed with rifles that had been trafficked by suspects ATF watched -- but did not arrest at the time.

The Terry lawsuit claims the federal officials "created, organized, implemented and/or participated in a plan - code named 'Operation Fast and Furious' - to facilitate the distribution of dangerous firearms to violent criminals" and that they "knew or should have known that their actions would cause substantial injuries, significant harm, and even death to Mexican and American civilians and law enforcement, but were recklessly indifferent to the consequence of their actions."

Lengthy investigations by Congress and the Inspector General have faulted at least 17 ATF and Justice Department officials for alleged mismanagement and other violations of conduct.

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Charred Human Remains Found in Burned Cabin

Investigators have located charred human remains in the burned-out cabin where they believe suspected cop killer and ex-LAPD officer Christopher Dorner was holed up as the structure burned to the ground, police said.

The human remains were found within the debris of the burned cabin and identification will be attempted through forensic means, the San Bernardino County Sheriff-Coroner Department said in a news release early this morning.

Dorner barricaded himself in the cabin in the San Bernardino Mountains near Big Bear Tuesday afternoon after engaging in a gunfight with police, killing one officer and injuring another, the San Bernardino County Sheriff's Department said.

Cindy Bachman, a spokeswoman for the department, which is the lead agency in the action, said Tuesday night investigators would remain at the site all night.

FULL COVERAGE: Christopher Dorner Manhunt

When Bachman was asked whether police thought Dorner was in the burning cabin, she said, "Right. We believe that the person that barricaded himself inside the cabin engaged in gunfire with our deputies and other law enforcement officers is still inside there, even though the building burned."

Bachman spoke shortly after the Los Angeles Police Department denied earlier reports that a body was found in the cabin, contradicting what law enforcement sources told ABC News and other news organizations.

Police around the cabin told ABC News they saw Dorner enter but never leave the building as it was consumed by flames, creating a billowing column of black smoke seen for miles.

A news conference is scheduled for later today in San Bernardino.

One sheriff's deputy was killed in a shootout with Dorner earlier Tuesday afternoon, believed to be his fourth victim after killing a Riverside police officer and two other people this month, including the daughter of a former police captain, and promising to kill many more in an online manifesto.

PHOTOS: Former LAPD Officer Suspected in Shootings

Carjacking Victim Says Christopher Dorner Was Dressed for Damage Watch Video

Christopher Dorner Manhunt: Inside the Shootout Watch Video

Chris Dorner Manhunt: Fugitive Ex-Cop in Shootout With Police Watch Video

Cops said they heard a single gunshot go off from inside the cabin just as they began to see smoke and fire. Later they heard the sound of more gunshots, which was the sound of ammunition being ignited by the heat of the blaze, law enforcement officials said.

Police did not enter the building, but shot tear gas inside.

One of the largest dragnets in recent history, which led police to follow clues across the West and into Mexico, apparently ended just miles from where Dorner's trail went cold last week.

It all began at 12:20 p.m. PT Tuesday, when a maid working at a local resort called 911, saying she and another worker had been tied up and held hostage by Dorner in a cabin, sources said.

The maid told police she was able to escape, but Dorner had stolen one of their cars, which was identified as a purple Nissan.

The San Bernardino Sheriff's Office and state Fish and Wildlife wardens spotted the stolen vehicle and engaged in a shootout with Dorner.

Officials say Dorner crashed the stolen vehicle and fled on foot only to commandeer Rick Heltebrake's white pickup truck on a nearby road a short time later.

"[Dorner] said, 'I don't want to hurt you, just get out and start walking up the road and take your dog with you.' He was calm. I was calm. I would say I was in fear for my life, there was no panic, he told me what to do and I did it," Heltebrake said.

"He was dressed in all camouflage, had a big assault sniper-type rifle. He had a vest on like a ballistic vest," Heltebrake added.

The white pickup truck bought Dorner extra time because police were still looking for the purple Nissan, California Department of Fish and Wildlife Lt. Patrick Foy told "Good Morning America" today.

"We were looking for a purple color Nissan and all of a sudden this white pickup starts coming by in the opposite direction. That's not the suspect's vehicle that we had been looking for," Foy said.

A warden with the Fish and Wildlife department noticed Dorner driving and the pursuit picked up again, Foy said.

"Ultimately, the officer who was driving that vehicle stopped and pulled out his patrol rifle and engaged probably 15 to 20 shots as Dorner was driving away," Foy said.

Dorner then ran on foot to the cabin in which he barricaded himself and got in a shootout with San Bernardino County sheriff's deputies and other officers who arrived.

The two deputies were wounded in the firefight and airlifted to a nearby hospital, where one died, police said. The second deputy was in surgery and was expected to survive, police said.

Police sealed all the roads into the area, preventing cars from entering the area and searching all of those on the way out. All schools were briefly placed on lockdown.

Believing that Dorner might have been watching reports of the standoff, authorities asked media not to broadcast images of police officers' surrounding the cabin, but sent him a message.

"If he's watching this, the message is: Enough is enough," Los Angeles Police Department spokesman Andy Smith told reporters at a news conference Tuesday. "It's time to turn yourself in. It's time to stop the bloodshed. It's time to let this event and let this incident be over."

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Why pope will long be remembered

Tim Stanley says Pope Benedict will be seen as an important figure in church history.

STORY HIGHLIGHTS

• Timothy Stanley: Benedict XVI's resignation is historic since popes usually serve for life


• He says pope not so much conservative as asserting church's "living tradition"


• He backed traditionalists, but a conflicted flock, scandal, culture wars a trial to papacy, he says


• Stanley: Pope kept to principle, and if it's not what modern world wanted, that's world's problem

Editor's note: Timothy Stanley is a historian at Oxford University and blogs for Britain's The Daily Telegraph. He is the author of "The Crusader: The Life and Times of Pat Buchanan."

(CNN) -- Journalists have a habit of calling too many things "historic" -- but on this occasion, the word is appropriate. The Roman Catholic Church is run like an elected monarchy, and popes are supposed to rule until death; no pope has stepped down since 1415.

Therefore, it almost feels like a concession to the modern world to read that Benedict XVI is retiring on grounds of ill health, as if he were a CEO rather than God's man on Earth. That's highly ironic considering that Benedict will be remembered as perhaps the most "conservative" pope since the 1950s -- a leader who tried to assert theological principle over fashionable compromise.

Timothy Stanley

The word "conservative" is actually misleading, and the monk who received me into the Catholic Church in 2006 -- roughly a year after Benedict began his pontificate -- would be appalled to read me using it. In Catholicism, there is no right or left but only orthodoxy and error. As such, Benedict would understand the more controversial stances that he took as pope not as "turning back the clock" but as asserting a living tradition that had become undervalued within the church. His success in this regard will be felt for generations to come.

Opinion: Why pope will be remembered for generations

He not only permitted but quietly encouraged traditionalists to say the old rite, reviving the use of Latin or receiving the communion wafer on the tongue. He issued a new translation of the Roman Missal that tried to make its language more precise. And, in the words of one priest, he encouraged the idea that "we ought to take care and time in preparing for the liturgy, and ensure we celebrate it with as much dignity as possible." His emphasis was upon reverence and reflection, which has been a healthy antidote to the 1960s style of Catholicism that encouraged feverish participation bordering on theatrics.

Nothing the pope proposed was new, but it could be called radical, trying to recapture some of the certainty and beauty that pervaded Catholicism before the reforming Vatican II. Inevitably, this upset some. Progressives felt that he was promoting a form of religion that belonged to a different century, that his firm belief in traditional moral theology threatened to distance the church from the people it was supposed to serve.

If that's true, it wasn't the pope's intent. Contrary to the general impression that he's favored a smaller, purer church, Benedict has actually done his best to expand its reach. The most visible sign was his engagement on Twitter. But he also reached out to the Eastern Orthodox Churches and spoke up for Christians persecuted in the Middle East.

Opinion: Huge challenges await next pope

In the United Kingdom, he encouraged married Anglican priests to defect. He has even opened up dialogue with Islam. During his tenure, we've also seen a new embrace of Catholicism in the realm of politics, from Paul Ryan's nomination to Tony Blair's high-profile conversion. And far from only talking about sex, Benedict expanded the number of sins to include things such as pollution. It's too often forgotten that in the 1960s he was considered a liberal who eschewed the clerical collar.

The divisions and controversies that occurred under Benedict's leadership had little to do with him personally and a lot more to do with the Catholic Church's difficult relationship with the modern world. As a Catholic convert, I've signed up to its positions on sexual ethics, but I appreciate that many millions have not. A balance has to be struck between the rights of believers and nonbelievers, between respect for tradition and the freedom to reject it.

As the world has struggled to strike that balance (consider the role that same-sex marriage and abortion played in the 2012 election) so the church has found itself forced to be a combatant in the great, ugly culture war. Benedict would rather it played the role of reconciler and healer of wounds, but at this moment in history that's not possible. Unfortunately, its alternative role as moral arbiter has been undermined by the pedophile scandal. Nothing has dogged this pontificate so much as the tragedy of child abuse, and it will continue to blot its reputation for decades to come.

Opinion: Echoes of past in pope's resignation

For all these problems, my sense is that Benedict will be remembered as a thinker rather than a fighter. I have been so fortunate to become a Catholic at a moment of liturgical revival under a pope who can write a book as majestic and wise as his biography of Jesus. I've been lucky to know a pope with a sense of humor and a willingness to talk and engage.

If he wasn't what the modern world wanted -- if he wasn't prepared to bend every principle or rule to appease all the people all the time -- then that's the world's problem rather than his. Although he has attained one very modern distinction indeed. On Monday, he trended ahead of Justin Bieber on Twitter for at least an hour.

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The opinions expressed in this commentary are solely those of Timothy Stanley.

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Football: Mourinho confident of Champions League glory

MADRID: A typically self-assured Jose Mourinho is confident that he will lead a third club to glory in the Champions League, but the Real Madrid coach is wary of the threat presented by Manchester United.

The Spanish champions know that progress in Europe will define their season, as they prepare to come up against United in the first leg of their last-16 tie at the Santiago Bernabeu on Wednesday.

Mourinho believes he will add to his triumphs with Porto in 2004 and Inter Milan in 2010, although he is not promising to do it this year.

"Real Madrid want to win a tenth European Cup and I want to win my third," said the Portuguese coach.

"I don't know if it will happen this year but I will keep fighting until I do it. I have confidence in my work.

"It wouldn't be a failure if we didn't win it this year. There are great clubs and great players out there that have never won it."

While Madrid are struggling domestically and currently sit 16 points behind La Liga leaders Barcelona, United are flying high in the Premier League, where they are 12 points clear of Manchester City at the top.

It promises to be a tough tie for the hosts, but one that brings back happy memories for Mourinho, who led Porto to victory against United en route to lifting the trophy in 2004.

"Its always a privilege to play Manchester United," he said.

"I remember every detail of my first game against them nine years ago, and I hope the expectation for this game has a relation with the quality of the match," he said.

Asked to give details of his starting line-up on Wednesday and how his team will play Mourinho was very guarded.

Mourinho, who saw his team thump Sevilla 4-1 in La Liga on Saturday night with an outstanding Cristiano Ronaldo scoring a hat-trick, was not giving anything away when asked what his line-up for the game might be.

"They (United) want to know how we will play the same as you," he added.

"I'm not going to give away how we will play, our opponents are strong and very experienced in these situations and I don't want to help them."

The former Chelsea manager gave no indication as to whether injury doubt Xabi Alonso will play, but he did admit that Pepe is in line to feature.

"I won't name my team. Pepe is in the squad and available, he has worked hard to get back from injury and he may play," he said, before moving to play down suggestions that he will replace Alex Ferguson as United manager when the Scot finally leaves the Old Trafford hotseat.

"Normally, to coach again in England would be my next step, but I don't think I can substitute Sir Alex at Manchester because we will finish our career at the same time, him at 90 and me at 70," he added to much laughter.

- AFP/de

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