Top Canada court upholds anti-terrorism law in unanimous ruling

OTTAWA (Reuters) – Canada‘s Supreme Court on Friday upheld an anti-terrorism law enacted after the September 11, 2001, attacks on the United States, ruling unanimously that those who choose to engage in terrorism must “pay a very heavy price.”

The law’s constitutionality was challenged by Mohammad Momin Khawaja, convicted in Canada of terrorism for involvement with a British group that had plotted unsuccessfully to set off bombs in London.

It was also challenged by two men accused of terrorism by the United States for trying to buy missiles or weapons technology for the Sri Lankan Tamil Tigers.

The court rejected arguments that the law’s definition of terrorism was overly broad. It upheld Khawaja’s life sentence and confirmed the orders to extradite the other two to the United States.

Khawaja, a Canadian of Pakistani descent, was the first to be convicted under the law. He was sentenced in 2008 to 10-1/2 years in prison, and his sentence was then extended to life after appeal by the government.

The trial judge noted that Khawaja referred to Osama Bin Laden as “the most beloved person to me in the … whole world, after Allah.” He was found to have participated in a terrorism training camp in Pakistan and to have designed a device dubbed the “hi fi digimonster” for detonating bombs.

“The appellant was a willing participant in a terrorist group,” Supreme Court Chief Justice Beverley McLachlin wrote in the 7-0 decision, adding that he was “apparently remorseless.”

“He was committed to bringing death on all those opposed to his extremist ideology and took many steps to provide support to the group. The bomb detonators he attempted to build would have killed many civilians had his plans succeeded.”

The law applies to any act committed for a political, religious or ideological purpose with the intention of intimidating the public by causing death or serious bodily harm, or substantial property damage, or causing serious interference with an essential service.

The court also ruled that Canada can proceed to extradite two men the United States has accused of involvement with the Tamil Tigers, which waged a bloody war for independence in Sri Lanka and is considered a terrorist organization by Washington and Ottawa.

The Canadian government declined to comment on when they would be extradited.

Piratheepan Nadarajah was alleged to have tried to purchase surface-to-air missiles and AK-47 assault rifles for the Tamil Tigers from an undercover officer posing as a black-market arms dealer on Long Island, New York.

The other man, Suresh Sriskandarajah, was alleged to have helped Tamil Tigers get electronic equipment, submarine and warship design software and communications equipment.

They surrendered to the government ahead of the court decision, their lawyers said.

BEYOND ‘LEGITIMATE EXPRESSION’

The court disagreed that the federal law’s terrorism provisions had put a chilling effect on Canadians’ freedom of expression and was disproportionately broad.

“Only individuals who go well beyond the legitimate expression of a political, religious or ideological thought, belief or opinion, and instead engage in one of the serious forms of violence – or threaten one of the serious forms of violence – listed (in the law) need fear liability under the terrorism provisions of the Criminal Code,” McLachlin wrote.

She quoted with approval the appeals court decision in the Khawaja case that faulted the Ottawa trial judge’s sentence for failing to send a “clear and unmistakable message that terrorism is reprehensible and those who choose to engage in it will pay a very heavy price.”

The original sentence of 10-1/2 years does “not approach an adequate sentence for such acts,” she concluded.

Khawaja’s lawyer, Lawrence Greenspon, said it was a “terrible day” for his client and said too often people were investigated or prosecuted for their religious or political beliefs.

“It’s a … very unfortunate ruling for minorities in this country, and we’re extremely disappointed with the result,” he told reporters in the foyer of the Supreme Court.

Justice Minister Rob Nicholson said the decision was important as Canada was not immune to the threat of terrorism. “The court sent a strong message that terrorism will not be treated leniently in Canada,” he said.

The cases are Mohammad Momin Khawaja v. Her Majesty the Queen. (Ont) (34103); Suresh Sriskandarajah v. United States of America, Minister of Justice and Attorney General of Canada (34009), Piratheepan Nadarajah v. United States of America, Minister of Justice and Attorney General of Canada (34013).

(Additional reporting by Louise Egan; Editing by Jackie Frank and Xavier Briand)

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School shooting postpones Cruise premiere in Pa.

NEW YORK (AP) — The U.S. premiere of the Tom Cruise action movie “Jack Reacher” is being postponed following the deadly Connecticut school shooting.

Paramount Pictures says “out of honor and respect for the families of the victims” the premiere won’t take place Saturday in Pittsburgh, where “Jack Reacher” was filmed.

The premiere would’ve been Cruise’s first U.S. media appearance since his split from Katie Holmes over the summer. It was to be more contained with select outlets covering and a location away from Hollywood or New York.

A proclamation ceremony for Cruise had been planned with Pennsylvania Gov. Tom Corbett and Pittsburgh Mayor Luke Ravenstahl.

No new date for the premiere has been set. The movie opens Dec. 21.

Friday’s massacre at a Newtown, Conn., elementary school killed 20 children and several adults.

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President’s pot comments prompt call for policy

SAN FRANCISCO (AP) — President Barack Obama says he won’t go after pot users in Colorado and Washington, two states that just legalized the drug for recreational use. But advocates argue the president said the same thing about medical marijuana — and yet U.S. attorneys continue to force the closure of dispensaries across the U.S.

Welcome to the confusing and often conflicting policy on pot in the U.S., where medical marijuana is legal in many states, but it is increasingly difficult to grow, distribute or sell it. And at the federal level, at least officially, it is still an illegal drug everywhere.

Obama’s statement Friday provided little clarity in a world where marijuana is inching ever so carefully toward legitimacy.

That conflict is perhaps the greatest in California, where the state’s four U.S. Attorneys criminally prosecuted large growers and launched a coordinated crackdown on the state’s medical marijuana industry last year by threatening landlords with property forfeiture actions. Hundreds of pot shops went out of business.

Steve DeAngelo, executive director of an Oakland, Calif., dispensary that claims to be the nation’s largest, called for a federal policy that treats recreational and medical uses of the drug equally.

“If we’re going to recognize the rights of recreational users, then we should certainly protect the rights of medical cannabis patients who legally access the medicine their doctors have recommended,” he said.

The government is planning to soon release policies for dealing with marijuana in Colorado and Washington, where federal law still prohibits pot, as elsewhere in the country.

“It would be nice to get something concrete to follow,” said William Osterhoudt, a San Francisco criminal defense attorney representing government officials in Mendocino County who recently received a demand from federal investigators for detailed information about a local system for licensing growers of medical marijuana.

Assemblyman Tom Ammiano said he was frustrated by Obama’s comments because the federal government continues to shutter dispensaries in states with medical marijuana laws, including California.

“A good step here would be to stop raiding those legal dispensaries who are doing what they are allowed to do by law,” said the San Francisco Democrat. “There’s a feeling that the federal government has gone rogue on hundreds of legal, transparent medical marijuana dispensaries, so there’s this feeling of them being in limbo. And it puts the patients, the businesses and the advocates in a very untenable place.”

Obama, in an interview with ABC’s Barbara Walters, said Friday that federal authorities have “bigger fish to fry” when it comes to targeting recreational pot smokers in Colorado and Washington.

Some advocates said the statement showed the president’s willingness to allow residents of states with marijuana laws to use the drug without fear of federal prosecution.

“It’s a tremendous step forward,” said Joe Elford, general counsel for Americans for Safe Access. “It suggests the feds are taking seriously enough the idea that there should be a carve-out for states with marijuana laws.”

Obama’s statements on recreational use mirror the federal policy toward states that allow marijuana use for medical purposes.

“We are not focusing on backyard grows with small amounts of marijuana for use by seriously ill people,” said Lauren Horwood, a spokeswoman for U.S. Attorney Benjamin Wagner in Sacramento. “We are targeting money-making commercial growers and distributors who use the trappings of state law as cover, but they are actually abusing state law.”

Alison Holcomb, who led the legalization drive in Washington state, said she doesn’t expect Obama’s comment to prompt the federal government to treat recreational marijuana and medical marijuana differently.

“At this point, what the president is looking at is a response to marijuana in general. The federal government has never recognized the difference between medical and non-medical marijuana,” she said. “I don’t think this is the time he’d carve out separate policies. I think he’s looking for a more comprehensive response.”

Washington voters approved a medical marijuana law in 1998, and dispensaries have proliferated across the state in recent years.

Last year, Gov. Chris Gregoire vetoed legislation that would have created a state system for licensing medical dispensaries over concern that it would require state workers to violate the federal Controlled Substances Act.

For the most part, dispensaries in western Washington have been left alone. But federal authorities did conduct raids earlier this year on dispensaries they said were acting outside the state law, such as selling marijuana to non-patients. Warning letters have been sent to dispensaries that operate too close to schools.

“What we’ve seen is enforcement of civil laws and warnings, with a handful of arrests of people who were operating outside state law,” said Alison Holcomb, who led Washington’s legalization drive and helped write the bill that Gregoire vetoed. of

Eastern Washington has seen more raids because the U.S. attorney there is more active, Holcomb added.

Colorado’s marijuana measure requires lawmakers to allow commercial pot sales, and a state task force that will begin writing those regulations meets Monday.

State officials have reached out to the Justice Department seeking help on regulating a new legal marijuana industry but haven’t heard back.

DeAngelo said Friday that the Justice Department should freeze all pending enforcement actions against legal medical cannabis providers and review its policies to make sure they’re consistent with the president’s position. He estimated federal officials have shuttered 600 dispensaries in the state and 1,000 nationwide.

DeAngelo’s Harborside Health Center is facing eviction after the U.S. attorney in San Francisco pressured his landlord to stop harboring what the government considers an illegal business.

“While it’s nice to hear these sorts of positive words from the president, we are facing efforts by the Justice Department to shut us down, so it’s hard for me to take them seriously,” DeAngelo said.

The dispensary has a hearing Thursday in federal court on the matter.

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Associated Press writers Terry Collins in San Francisco and Manuel Valdes in Seattle contributed to this report.

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After Connecticut: Guns, Gun Control, and Gun Culture

Bucolic Newtown, Conn., where a gunman killed 26 people, 20 of them children between ages 5 and 10, is also the headquarters of the American firearm industry. A short distance from Sandy Hook Elementary School, the National Shooting Sports Foundation, the country’s premier gun trade association, has its offices in a dignified white building on a gentle hill.

Like its better-known sister, the National Rifle Association, which represents gun owners, the NSSF promotes the arming of America—for hunting, shooting sports, self-defense, and the cultural significance that many Americans invest in firearms. The Sandy Hook massacre is the worst in the United States since the April 2007 rampage at Virginia Tech, which took place not too far from the NRA’s headquarters in Fairfax, Va.

Painful geographic juxtaposition of pointless slaughter and a marketing association doesn’t suggest anything profound. These are awful coincidences.

Or maybe there is something significant in the proximity.

The NSSF happens to be in Connecticut because that state, along with Massachusetts, has a gun-making tradition going back to the 18th century. In modern times, though, the unremarkable headquarters of the gun industry, or the gun owners’ lobby, could be in any pleasant exurban town: Aurora, Colo., for example, site of July’s movie theater bloodshed, or the community near Milwaukee where a gunman took six innocent lives at a Sikh temple in August.

The horror in Newtown is just the latest reminder that America is a gun culture. Firearms are both ordinary and, in many parts of the country, hallowed. They permeate our society. Private citizens own some 300 million pistols, revolvers, rifles, and shotguns. And the manufacturers and distributors that pay dues to the NSSF and make contributions to the NRA are selling more every day. This will not change.

If recent history serves as a guide, in fact, gun sales will rise in coming days. Fear of new gun control laws will send tens of thousands of consumers to Main Street shops and firearm websites. It happened after the January 2011 shopping mall massacre in Tucson, Ariz., in which former Rep. Gabby Giffords was maimed, and after most of the other recent mass public shootings.

Then Democrats in Congress will probably propose a piece of legislation or two that would tinker with the rules for legally acquiring firearms. These potential adjustments may make sense (e.g., restricting obscenely large ammunition magazines) or they may be utterly pointless (banning “assault weapons” that in terms of lethality are no different from grandpa’s wooden-stock deer hunting rifle). Either way, enacting such laws—which remains unlikely, given Republican control of the House of Representatives—would do little or nothing to stop mass shootings or common street crime.

Why? Because no politician, not President Barack Obama, not House Democratic Leader Nancy Pelosi—no one in mainstream Washington—is going to propose confiscating any of the millions of firearms or magazines already in private hands. Imagine being the police chief or sheriff given the task of forcibly collecting people’s guns or mags. It ain’t happening. We are too far down the road.

So prohibit 50-round drum magazines, if you like. In my view, that would not endanger the Second Amendment. Neither would it stop the next determined whack job from packing two 30-round magazines, or three 15-round magazines. The hardware is out there. Fiddling with the rules governing how new guns or mags are sold won’t stop the mass murders.

What, then, is to be done? First, we should acknowledge that some humans are sick and evil. In a heavily armed society, the existence of sick, evil people will, from time to time, lead to disaster.

If I were running a school or a movie theater or a house of worship, I would hire the highest-quality licensed, armed security available. No Second Amendment issue there. If there had been an armed guard at the Newtown school, it’s at least possible he would have brought down the killer and saved a lot of lives. Security guards are not a panacea. Yet we have them at sports stadiums and airports. In Israel, a guy with a gun on his hip stands in front of every elementary school.

Another thought on the gun massacre front: We must seriously rethink how we deal with extreme mental illness. Current laws make it almost impossible to get dangerously ill individuals involuntarily committed until they have their fingers on the triggers. More imaginative, flexible rules in this regard would allow us to medicate more dangerous people and separate them from firearms. (As a side benefit, this approach might also keep hundreds of thousands of mentally ill individuals from violating criminal laws and landing behind bars. More aggressive civil commitment offers a humane alternative to our current de facto policy of housing the mentally ill in prison.)

In terms of more ordinary street crime, we ought to study the factors that have made cities like New York much safer over the past 20 years. Gun control laws did not accomplish that improvement. Gun control laws in New York have remained the same, while homicide rates have plummeted. Why have bad guys in New York, and many other big cities, been leaving their guns at home, rather than bringing them with them on their rounds? How can we replicate that achievement?

While we mourn the dead in Newtown, those are questions worth exploring.

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UPDATE 3-Cricket-Hughes shines as Australia reach 299-4

* Hughes falls just short of century

* Clarke and Hussey combine for 101

* Welegedera takes 3-99 (Adds quotes)

HOBART, Dec 14 (Reuters) – Phil Hughes made a solid 86 on his return to test cricket before Michael Clarke and Mike Hussey took up the running and steered Australia to 299 for four at close of play on the first day of the first test against Sri Lanka on Friday.

Hughes was the only batsmen to fall in the final session, lasting only a couple of overs after lunch before being bowled through the gate by Chanaka Welegedera, giving the Sri Lankan seamer his third wicket of the day.

Clarke, who had made 70 not out, and Hussey, unbeaten on 37, batted through the remainder of the day and if the evidence of their prolific partnerships in the recent series against South Africa is anything to go by, will take some shifting.

“Overall, 299 for four puts the ball in our court,” said Hughes. “I thought we were outstanding today. It really gives us momentum going into tomorrow.”

Sri Lanka’s bowlers, dubbed this week as the worst pace attack ever to tour Australia by former test bowler Rodney Hogg, made life uncomfortable for the batsmen at times but struggled for any real penetration under cloudy skies at Bellerive Oval.

“I think we showed we can put Australia under pressure and hopefully the bowlers will be fresh in the morning and we can get them out for less than 100 additional runs,” said Welegedera, who finished with 3-99 on his return after nine months out injured.

Clarke, who passed 1,400 runs for the year, has now put on 731 runs in partnerships with Hussey in the last four tests and will be looking to plunder a few more on Saturday despite taking a couple of painful knocks to his legs.

Friday, however, belonged to Hughes.

The lefthander was recalled to the side on the back of good domestic form following the retirement of Ricky Ponting at the end of the series against the Proteas.

The 24-year-old reached his fourth test half century with a square drive for three runs and then initially accelerated towards a century, most notably with an ugly but effective slog for six off spinner Rangana Herath.

CALAMITOUS RUNOUT

On the ground where his second spell as a test batsman ended amid questions about his technique after two failures against New Zealand last year, Hughes scored eight fours and one six in his 166-ball knock before Welegedera struck with a superb ball.

“It was nice to get a few,” he said. “It would have been nice to get a few more and get into three figures.”

Australia had lost openers Ed Cowan (four) and David Warner in the opening session, the latter run out for 57 on the stroke of lunch after a calamitous misunderstanding with Hughes.

Shane Watson, dropping down to fourth in the batting order to allow Hughes to come in at number three, followed them to the pavilion for 30 shortly before tea, the victim of an exceptional diving catch in the slips by skipper Mahela Jayawardene.

That was a second wicket for Welegedera and a measure of redemption for the bowler after he had Hughes caught behind for 77 only for the umpire to call a no ball.

Welegedera had also made the early breakthrough for the tourists when Cowan tried to pull a short delivery only for the ball to catch him high on the bat and carry to mid-on where Shaminda Eranga took a simple catch.

It could have been even better for the Sri Lankans, who were only centimetres away from the perfect start to the morning after Clarke had won the toss and elected to bat.

Cowan edged the second delivery of the day from Nuwan Kulasekara to the slips but Angelo Mathews was just unable to get his hands to it, despite an athletic dive. (Editing by Peter Rutherford)

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Look How Much of the World Doesn’t Use Social Media (or the Internet)

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Adele’s “21″ is top-selling U.S. iTunes album of 2012

LOS ANGELES (Reuters) – British singer Adele notched another accolade on Thursday as iTunes announced that her Grammy-winning album “21″ was the top-selling record of 2012 in its U.S. store, extending the disc’s successful run almost two years after it was released.

Adele, 24, who last year became the first artist to secure three iTunes milestones with top-selling album, single and artist of the year, came in ahead of country-pop star Taylor Swift‘s “Red” and British folk band Mumford & Sons‘ “Babel.”

ITunes did not reveal its sales or download figures.

British boy band One Direction’s debut album “Up All Night” and current Grammy nominees fun.’s debut “Some Nights” rounded out the five top-selling albums on iTunes in the United States.

“21,” released in February 2011, has performed strongly in the U.S. music charts this year following the singer’s Grammy-sweeping win in six categories in February 2012.

Adele also landed Screen Actors Guild and Golden Globe nominations for her sultry James Bond theme song “Skyfall” this week, becoming a strong contender in the best song category for Hollywood’s awards season.

“Thank you so much for the honor of being included in something as brilliant as the Golden Globes! Never in a million years did I ever think I’d come close to such a thing! Truly wonderful … thank you to the Bond family for giving me the opportunity,” the singer said in a statement on Thursday.

ITunes U.S. compiled their Best of 2012 list by looking at the most downloaded items from the Apple iTunes store.

Canadian pop star Carly Rae Jepsen had the top-selling track for her infectious breakthrough summer single “Call Me Maybe.”

Post-apocalyptic action film “The Hunger Games” was the best-selling movie while the second season of British aristocratic period drama “Downton Abbey,” another Hollywood awards favorite, was iTunes’ top-selling television series.

The iTunes Best of 2012 lists can be seen at www.itunes.com/AppStoreBestof2012

(Reporting by Piya Sinha-Roy, editing by Jill Serjeant and Mohammad Zargham)

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China, S.Africa suspend Brazil beef over BSE doubt

BRASILIA (Reuters) – China and South Africa informed Brazil on Thursday that they were suspending imports of beef from the world’s biggest exporter of the meat following a case of atypical BSE that was confirmed last week, Brazilian agriculture ministry officials said.

Including Japan, which suspended imports on Monday, three countries have now restricted purchases of beef from Brazil while seeking details about the death of an elderly cow in 2010 which never actually developed the disease.

None of these countries are significant buyers of Brazilian beef. Brazil’s top customer, Russia, has so far imposed no such restrictions, though it said on Thursday that it was weighing its options.

Brazil has launched a diplomatic offensive to clarify the details of the case of suspected atypical BSE, which it has been at pains to differentiate from regular BSE – known as mad cow disease – which is usually caused by contaminated feed.

Atypical BSE can arise in elderly cattle due to a spontaneous genetic mutation that causes it to begin producing distorted proteins known as prions. The proteins can trigger BSE, which eventually destroys the animal’s nervous system, and it is believed humans ingesting beef from a stricken animal can contract a fatal form of the disease.

The 13-year-old cow in southern Brazil tested positive for prions, a result confirmed by the World Organization for Animal Health (OIE) last week. But it died of other causes in 2010 and never actually developed the disease.

The animal was buried on the farm where it had been used for breeding purposes and never entered the food chain.

Outbreaks of mad cow disease in Europe, North America and Japan in the past decade, following an epidemic in Great Britain in the late 1980s, prompted some importers to embargo shipments and roiled the industry on several occasions.

In April, the United States reported a case of atypical BSE in an animal which never entered the food chain, but the country escaped a backlash from importers.

The Brazilian agriculture ministry’s secretary for animal and plant health, Enio Pereira, told Reuters this week that much of the two-year delay between the cow’s death and confirmation of prions in its tissue was caused by a logistical anomaly at the laboratory.

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HMRC warns 300,000 late filers

13 December 2012 Last updated at 19:06 ET

About 300,000 people who have failed to send in their tax returns for 2010-11 could soon see their goods seized.

The taxman is sending warning letters to those who have now run up late-filing penalties of £1,300 for that year, under self-assessment.

They can still pay, or ask for the penalty to be taken off their income in 2013-14 if they are in the PAYE system.

The letters are part of a continuing campaign against a persistent minority of non-filers.

A spokesman for HM Revenue & Customs (HMRC) said the defaulters could still pay their fines, and submit the late tax returns.

“These non-filers have ignored numerous communications from HMRC, dating back to April 2011, including flyers, reminder letters, penalty notices and warning letters,” he said.

“A customer can still phone us if they think they should not be in self-assessment, and will be taken through a number of questions to indicate if they should be in self-assessment or not.

“If they shouldn’t have been in it for 2010-11, penalties will then be waived,” he added.

About 7,000 higher-rate taxpayers who had missed tax returns from earlier years were sent similar warning letters in October.

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Aides: Chavez in tough fight, may miss swearing-in

CARACAS, Venezuela (AP) — Somber confidants of President Hugo Chavez say he is going through a difficult recovery after cancer surgery in Cuba, and one close ally is warning Venezuelans that their leader may not make it back for his swearing-in next month.

Information Minister Ernesto Villegas said Wednesday night that Chavez was in “stable condition” and was with close relatives in Havana. Reading a statement, he said the government invites people to “accompany President Chavez in this new test with their prayers.”

Villegas expressed hope about the president returning home for his Jan. 10 swearing-in for a new six-year term, but said in a written message on a government website that if Chavez doesn’t make it, “our people should be prepared to understand it.”

Villegas said it would be irresponsible to hide news about the “delicateness of the current moment and the days to come.” He asked Venezuelans to see Chavez’s condition as “when we have a sick father, in a delicate situation after four surgeries in a year and a half.”

Moving to prepare the public for the possibility of more bad news, Vice President Nicolas Maduro looked grim when he acknowledged that Chavez faced a “complex and hard” process after his latest surgery.

At the same time, officials sought to show a united front amid the growing worries about Chavez’s health and Venezuela’s future. Key leaders of Chavez’s party and military officers appeared together on television as Maduro gave updates on Chavez’s condition.

“We’re more united than ever,” said Maduro, who was flanked by National Assembly President Diosdado Cabello and Oil Minister Rafael Ramirez, both key members of Chavez’s inner circle. “We’re united in loyalty to Chavez.”

Analysts say Maduro could eventually face challenges in trying to hold together the president’s diverse “Chavismo” movement, which includes groups from radical leftists to moderates, as well as military factions.

Tapped by the 58-year-old president over the weekend as his chosen political heir, Maduro is considered to be a member of radical left wing of Chavez’s movement that is closely aligned with Cuba’s communist government.

Cabello, a former military officer who also wields power within Chavez’s movement, shared the spotlight with Maduro by speaking at a Mass for Chavez’s health at a military base.

Just returned from being with Chavez for the operation, Cabello called the president “invincible” but said “that man who is in Havana … is fighting a battle for his life.”

After Chavez’s six-hour operation Tuesday, Venezuelan television broadcast religious services where people prayed for Chavez, interspersed with campaign rallies for upcoming gubernatorial elections.

On the streets of Caracas, people on both sides of the country’s deep political divide voiced concerns about Chavez’s condition and what might happen if he died.

At campaign rallies ahead of Sunday’s gubernatorial elections, Chavez’s candidates urged Venezuelans to vote for pro-government candidates while they also called for the president to get well.

“Onward, Commander!” gubernatorial candidate Elias Jaua shouted to a crowd of supporters at a rally Wednesday. Many observers said it was likely Chavez’s candidates could get a boost from their supporters’ outpouring of sympathy for Chavez.

Opposition leader Henrique Capriles, who lost to Chavez in the October presidential election and is running against Jaua, complained Wednesday that Chavez’s allies are taking advantage of the president’s health problems to try to rally support. He took issue with Jaua’s statement to supporters that “we have to vote so that the president recovers.”

Maduro looked sad as he spoke on television, his voice hoarse and cracked at times after meeting in the pre-dawn hours with Cabello and Ramirez. The pair returned to Venezuela about 3 a.m. after accompanying Chavez to Cuba for his surgery.

“It was a complex, difficult, delicate operation,” Maduro said. “The post-operative process is also going to be a complex and hard process.”

Without giving details, Maduro reiterated Chavez’s recent remarks that the surgery presented risks and that people should be prepared for any “difficult scenarios.”

The constitution says presidents should be sworn in before the National Assembly, and if that’s not possible then before the Supreme Court.

Former Supreme Court magistrate Roman Duque Corredor said a president cannot delegate the swearing-in to anyone else and cannot take the oath of office outside Venezuela. A president could still be sworn in even if temporarily incapacitated, but would need to be conscious and in Venezuela, Duque told The Associated Press.

If a president-elect is declared incapacitated by lawmakers and is unable to be sworn in, the National Assembly president would temporarily take charge of the government and a new presidential vote must be held within 30 days, Duque said.

Chavez said Saturday that if an election had to be held, Maduro should be elected president.

The dramatic events of this week, with Chavez suddenly taking a turn for the worse, had some Venezuelans wondering whether they were being told the truth because just a few months ago the president was running for his fourth presidential term and had said he was free of cancer.

Lawyer Maria Alicia Altuve, who was out in bustling crowds in a shopping district of downtown Caracas, said it seemed odd how Maduro wept at a political rally while talking about Chavez.

“He cries on television to set up a drama, so that people go vote for poor Chavez,” Altuve said. “So we don’t know if this illness is for that, or if it’s that this man is truly sick.”

Some Chavez supporters said they found it hard to think about losing the president and worried about the future. His admirers held prayer vigils in Caracas and other cities this week, holding pictures and singing hymns.

Chavez has undergone four cancer-related surgeries since June 2011. He has also undergone months of chemotherapy and radiation treatments. Throughout his treatments, Chavez has kept secret some details of his illness, including the exact location and type of the tumors.

Ecuadorean President Rafael Correa wished his close ally the best, while also acknowledging the possibility that cancer might end his presidency. “Chavez is very important for Latin America, but if he can’t continue at the head of Venezuela, the processes of change have to continue,” Correa said at a news conference in Quito.

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Associated Press writer Christopher Toothaker contributed to this report.

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