Mark Wahlberg I Love Tom Cruise But He Needs to Shut Up

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Mark Wahlberg says he wasn't specifically targeting Tom Cruise when he railed on actors who compare their jobs to soldiers at war -- but he STILL thinks Tom needs to shut the hell up.

Wahlberg -- who was tooling around L.A. Wednesday -- said he wasn't aware Tom was the one who made the actor-soldier comparison when he blasted actors who dared feel that way at the AFI Fest Tuesday night. Wahlberg says he's a huge Cruise fan and meant no disrespect.

But Wahlberg made it clear -- any comparison is B.S.

Talk about being caught between a rock and a hard place. Check the video.

Get this ... on the red carpet at the AFI Fest ... Mark clearly knew about Tom's depo, saying "An actor recently just said his job was almost as important or as difficult as someone in the military ... Not Cool."

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Brooke Mueller's Bro I Can Handle Bob & Max

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He doesn't get Charlie Sheen's vote of confidence -- but Brooke Mueller's brother Scott firmly believes he's got what it takes to look after Charlie and Brooke's 4-year-old twins.

As we reported, Scott was awarded temporary guardianship over Bob and Max while Brooke deals with her latest drug issues. The children's former guardian Denise Richards decided she could no longer care for the boys, and blames Brooke for screwing them up.

Scott's got a lot of faith in his sister too -- watch the video.

Kim Kardashian Falls On Ass ... For a Pile of Old Crap

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Kim Kardashian went to a yard sale, and then nearly had one of her own -- tripping over a pile of old crap ... right in front of cameras.

Kim showed up for the sale in a parking lot in the San Fernando Valley ... and proceeded to step backward onto a pile of old stuff while talking to Jonathan Cheban.

Result ... Kim go boom! Although her fall was well cushioned.

Now, before you laugh too hysterically ... you should know the sale was organized by Kendall, Kylie, and Kris Jenner to support NoKidHungry.org -- a worthy and important cause.

Okay. Now go ahead and laugh.

Ben Affleck Pays $60 For Cup Of Starbucks Coffee

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Ben Affleck needs his morning coffee -- HE NEEDS IT -- and this week, he proved he's willing to take on a $58 parking ticket to get his hands on a quick shot of the dark stuff.

Affleck and his wife Jennifer Garner rolled up to a Starbucks in Brentwood this week -- but couldn't find a spot to park ... so they risked it and put their Lexus in a yellow zone.

Everybody knows .. the yellow zone is for loading and unloading only, 5 minutes max. But the Afflecks went long ... and a vigilant parking enforcement officer slapped the car with a $58 ticket.

But did the Afflecks care? Nope ... 'cause when you're rich and you're jonesing for caffeine, you'd probably pay a helluva lot more than that.

Richie Incognito Lands in L.A. PR Offensive Underway

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Richie Incognito just touched down in Los Angeles ... and it's pretty clear some crisis manager has given him a playbook for the weekend.

Our sources say Richie is headed for a swanky hotel in Beverly Hills ... obviously to work on fixing his tarnished image.

No word on how Incog plans to resurrect himself ... but typically when someone is looking to fix their image, L.A. is the first stop.

A local Miami station and some paps caught up with Richie when he landed ... but the NFL star wouldn't say much.

He also stopped at Starbucks when he got off the plane.

No word on if he ordered his coffee half black.

Amber Portwood and Gary We Are Never Ever Getting Back Together

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Amber Portwood may be hanging out at a Panera Bread with her ex ... but that doesn't mean they're bangin' again ... this according to Amber and her baby daddy.

Amber and Gary Shirley made it clear outside the tasty food chain in Indiana today ... telling a photog they have no plans to get back together following her exit from prison this week.

As you may recall -- Gary and Amber had an extremely volatile relationship ... Back in '10 Amber was arrested for attacking Gary while MTV cameras were filming for "Teen Mom."

It was a whole thing.

For now, it seems the two are simply trying to get along for the sake of their kid ... but in case that doesn't work out -- hopefully Gary's learned to duck.

Lamar Odom He Can't Keep Up the Khloe Lie Anymore

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Lamar Odom seems to be waiving the white flag over his marriage -- at least that's the way it appeared when he was asked about Khloe Kardashian on his way out of lunch to celebrate his 34th birthday.

Lamar went to Casa Vega in the San Fernando Valley -- a place Kim, Khloe and the rest of the klan often go for good Mexican food.

Watch the video and see the look on Lamar's face when he tries to deal with the Khloe question.

TMZ broke the story ... Khloe plans to divorce Lamar, but she's made a decision NOT to prepare or file any legal docs, because she thinks it could be the last straw in his fragile life. On top of that, there's no pressing reason to pull the trigger on the marriage ... yet.

Charlie Sheen THREATENED BY JUDGE Yap Again, Go to Jail!

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Charlie Sheen was admonished by the judge in the war involving Bob and Max -- the twins at the center of the war between Charlie and Brooke Mueller -- if he opens his mouth again about the case, he's going to jail.

Here's the best part. We're told at one point the judge said, "Don't forget, I'm Italian!"

Sources connected with the case tell TMZ ... the judge issued a temporary restraining order against Charlie. The TRO re-instates the gag order, prohibiting them from talking about the case.

We're told the judge was upset with Charlie, who called the jurist a fatty and a douchebag on TMZ Live.

Under the TRO ... we're told Charlie is prohibited from going within 200 yards of Brooke. He's also not allowed to contact Brooke. To that we're told Charlie told the judge, "Thank you."

We're told the judge is considering whether to impose some sort of penalty on Charlie for violating the gag order, but no penalties were handed down today.

Brooke, who was in court as well, had her lawyers ask the judge to suspend his visitation rights with the twins, but the judge rejected her request. Sources tell us Brooke wants Denise Richards REMOVED as temporary guardian of the twins, but that didn't happen.

By the way ... Brooke's lawyer made a big deal about the pic of the birthday cake for Brooke with a grenade on top ... but the judge didn't make a big deal of it.

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Michael Moore 'Guns Don't Kill People, Americans Kill People'

Michael Moore says he wasn't shocked by last week's shooting at LAX ... saying gun attacks are just part of the "country we live in."

Moore was at LAX -- the very site where Paul Ciancia opened fire on TSA workers on November 1, killing one and injuring several other people -- when he was asked about the gun violence that's taken place in our country since he released "Bowling for Columbine" in 2002.

"Nothing changes ... it's the country we live in," Moore said ... "Legally purchased gun, bullets."

"There's a reason why this doesn't happen in Canada, in Ireland, in France ... they have the occasional craziness, but it's not on a weekly or monthly basis."

Moore concluded -- "I think the NRA they got it half-right when they say 'Guns don't kill people, people kill people.' I change it to 'Guns don't kill people, Americans kill people.'"

He added ... "Why?"

Josh Brolin I'm Never Drinking Again

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Josh Brolin says he's done drinking alcohol for good ... after Friday night's cabbie-raging bouncer-fighting debauchery.

We posted both videos over the weekend -- one showing Josh fighting with a cab driver after he rear-ended the guy, and the other showing Josh drunkenly fighting a bouncer for trying to move him outside a bar.

Now it appears Josh has learned his lesson, telling a photog today that this kind of nonsense will never happen again.

He says he regrets the entire night, and will never drink another drop of alcohol as long as he lives. Big talk.

Miley Cyrus New Clue in Weed Mystery ... Courtesy of Adam Lambert

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Only Adam Lambert really knows for sure if that lit cigar he passed Miley Cyrus at his Halloween party contained the devil's weed ... and over the weekend, he dropped a pretty big clue.

Lambert was at LAX when a photog asked point-blank about the photo TMZ posted, showing the former "Idol" superstar handing Miley something that looks like (and probably was) a big, fat blunt.

You gotta see Lambert masterfully bob, weave and deflect when asked about it -- but then came the big moment ... when the photog said, "If it was a joint, say nothing."

The reaction pretty much says it all.

Now excuse us ... we have some Funyuns to eat.

Conrad Murray MJ Would Be 'Appalled' At the Way I'm Treated

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Michael Jackson would be appalled at the way people are disparaging Conrad Murray .... so says the doctor who just got out of jail for killing the singer.

Dr. Murray -- who clearly uncapped a tube of Just for Men since his release from jail -- says unequivocally -- "I never harmed him [Michael]."

TMZ broke the story ... Murray believes Jackson injected himself with the fatal dose of Propofol when the doc wasn't looking.

Marlon Wayans Kanye's 'Like That N**ga from Phantom of the Opera'

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Kanye West has been called a lot of things ... a lot ... but after his concert in L.A. last night, one star compared the rapper to Picasso, Oscar the Grouch and "that n**ga from Phantom of the Opera."

Marlon Wayans was among the tons of celebs that hit up K's show at Staples Center -- along with Fergie, Craig Robinson, Andy Garcia and Sean Kingston.

After the concert, Marlon broke down the whole thing -- saying, "He's an artist man. I didn't see his face the whole time ... like the n** ga in Phantom of the Opera."

Marlon is clearly referring to the crazy masks Kanye's been wearing during his tour. He also addresses the wardrobe and the music -- and it's equally hilarious. Check out the clip.

Chris Brown The Real Problem Is Still Rihanna

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Chris Brown got a hot meal after getting sprung from jail, and TMZ has learned ... his people aren't that worried about the misdemeanor assault charge -- they're WAY more concerned about the impact it will have on his probation status in the Rihanna case.

Law enforcement sources tell us ... the charge against Chris was reduced from a felony to a misdemeanor because the victim's injuries weren't that severe and witness statements conflicted. The reality is -- worst case scenario ... Chris won't do any time for the assault.

The Rihanna case is much more problematic. As we first reported, the L.A. County Probation Dept. is already conducting an investigation to determine if Chris violated his probation. As one source familiar with the investigation tells us, "It's pretty clear he didn't keep his nose clean. It sure seems like a violation."

The Probation Dept. will submit a report to the judge in the Rihanna case, and the D.A. will then weigh in -- based on what we know, they will almost certainly ask the judge to REVOKE Chris' probation.

Worst case scenario for Chris ... if probation is revoked, 4 years in State prison.

Lamar Odom The Photog Had It Coming

Lamar Odom just fired back at the paparazzo who sued him for assault ... claiming the whole allegation is B.S.

Lamar claims the photog -- Stefan Saad "provoked [Lamar's] unlawful and wrongful conduct."

TMZ obtained the answer Lamar just filed -- courtesy of his lawyer, Shawn Holley -- and he says it would be unjust for Saad to get a penny from him.

The incident that triggered the lawsuit occurred on July 10, when Lamar confronted Saad who was questioning him about having an alleged affair. Lamar took the photog's equipment from his car and threw it into his own car. Lamar drove a few blocks and then tossed the equipment into the street.

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Jermaine Jackson 'Disgusted' By Murray's Release

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Jermaine Jackson isn't just furious that Conrad Murray is a free man -- just 2 years after Murray was convicted of involuntary manslaughter -- Jermaine is "disgusted."

Michael's bro expressed his ire moments ago at LAX, but you really have to watch the video to get a feel for it.

Tito Jackson was also there, but he was feeling a little less talkative.

As we reported, Murray was released from jail in L.A. early this AM ... and immediately hit up an In-N-Out for some burger therapy.