Author Archives: Aaron Dempsey

Here’s How Astronauts Will Eat Thanksgiving Dinner in Space

Mike Hopkins and Rich Mastracchio are two Americans who definitely won’t be home for Thanksgiving. Cruising high above the Earth aboard the International Space Station, though, doesn’t mean they’ll be without the comfort food of the holidays. In a message sent down the other day, Mastracchio and Hopkins show off some of the delectable treats they’ve got lined up for their Thanksgiving feast.

Crammed in bags and dried for storage, the astronauts’ meal will certainly lack the welcoming aroma of walking into a house that has an oven stuffed with turkey. But, says NASA , many of the staples are there:

Their menu will include traditional holiday favorites with a space-food flair, such as irradiated smoked turkey, thermostabilized yams and freeze-dried green beans. The crew’s meal also will feature NASA’s cornbread dressing, home-style potatoes, cranberries, cherry-blueberry cobbler and the best view from any Thanksgiving table.

For Space.com, Miriam Kramer interviewed NASA food scientist Vickie Kloeris about the astronauts’ holiday meal, but also about how much astronaut food has improved since the freeze-dried ice cream of yesteryear.

More from Smithsonian.com:

Science Trivia on Your Thanksgiving Plate
Thanksgiving in Literature
5 High-Tech Steps to Making the Easiest and Fastest Thanksgiving Dinner Ever

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Here’s How Astronauts Will Eat Thanksgiving Dinner in Space

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Leaked IPCC report: Humans are adapting — but hunger, homelessness, and violence lie ahead

Leaked IPCC report: Humans are adapting — but hunger, homelessness, and violence lie ahead

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If you are anything like us, you’re waiting for the Intergovernmental Panel on Climate Change to publish the next installment of its epically important assessment report with bated breath. Rejoice: The waiting is over, thanks to an intrepid sneak who leaked the doc ahead of schedule.

The latest leak gives us a peek at the second quarter of the most recent assessment (it’s the fifth assessment report since 1990 by the world’s leading climate change authority). The document, scheduled to be unveiled in March, deals with the severity of climate impacts and worldwide efforts to adapt to it.

Now, technically we’re supposed to wait until the final draft is officially published before sharing its contents with you climate-news-hungry readers. But we just can’t resist: Here is our summary of some of the upcoming report’s key findings, accompanied by a boilerplate warning: Despite being marked “final draft,” these conclusions could change between now and the official release in March.

Global warming will probably kill a whole lot of people

As the world heats up, heat waves, fires, and crop-withering droughts will leave heavy casualties in their wake. (Then again, fewer people will die of frostbite. Har!) Overall, though, the authors of the report have “high confidence” that any world health benefits will be overwhelmed by negative impacts.

“The most effective adaptation measures for health in the near-term are programs that implement basic public health measures such as provision of clean water and sanitation, secure essential health care including vaccination and child health services, increase capacity for disaster preparedness and response, and alleviate poverty,” the authors note.

Meanwhile, climate change is expected to exacerbate wars and violent protests. It will do that by fostering the types of problems that traditionally lead to violence: poverty and economic shocks. That in turn will shape national security policies. “[C]hanges in sea ice, shared water resources, and migration of fish stocks, have the potential to increase rivalry among states,” the report says.

There’s plenty of danger to go around

The type of climate risks vary widely in different parts of the world, but the report authors conclude that certain threats are widespread. They include the risks of death and disruption in low-lying coastal zones; dangers of food insecurity, with risks of starvation greatest among the world’s poor; “severe harm” risks of flooding in cities; the collapse of ocean and land ecosystems and the food they provide; and deaths and illnesses caused by heat waves.

Hundreds of millions of people will be affected by flooding, with many of them driven from their homes by the end of the century. The majority of those affected will live in Asia. Certain low-lying developing countries and island states (like Tuvalu) face very high impacts from rising seas (like, uh, disappearing altogether).

Farming gets harder

The biggest impacts from climate change will be felt on farms, which will endure worsening water shortages and will have to deal with shifting growing ranges. That’s going to make it harder to feed the world its staples of wheat, rice, and corn. Climate change could reduce yields of these crops by as much as 2 percent each decade for the rest of the century, and that will coincide with rising demand for food by growing populations. But if farms and agricultural systems proactively adapt to global warming, they could actually reap a rare benefit and increase yields by as much as 18 percent compared with today’s harvests.

Climate change is helping some farming regions, especially those close to the poles, but “[n]egative impacts of climate change on crop and terrestrial food production have been more common than positive impacts.”

Animal Planet will get really boring

Species of plants and animals are more likely to go extinct as the weather goes haywire, and polar ecosystems and coral reefs are especially vulnerable to ocean acidification.

Governments the world over are developing plans and policies for adapting to the changing climate

In North America, most climate adaptation work is occurring at the municipal level, with much of the region’s climate planning focused on energy and infrastructure impacts. In Africa, “most” national governments are initiating adaptation systems. In Europe, adaptation efforts are focused mostly on managing coastal, water, and disaster risks. In Asia, adaptation efforts are focused on managing water resources. Australia, New Zealand, and surrounding islands are planning for sea-level rise, with residents and regional governments in southern Australia preparing for ongoing water shortages. In Central and South America, efforts to conserve wild places and native cultures as the climate changes are becoming increasingly common. Residents of the Arctic have a long history of adapting to changing weather patterns, but “the rate of climate change and complex inter-linkages with societal, economic, and political factors represent unprecedented challenges.”

Better late than never

Reducing greenhouse gas emissions over the next few decades could “substantially reduce risks of climate change” during the second half of the 21st century, when the planet is expected to really go bonkers.

John Upton is a science fan and green news boffin who tweets, posts articles to Facebook, and blogs about ecology. He welcomes reader questions, tips, and incoherent rants: johnupton@gmail.com.Find this article interesting? Donate now to support our work.Read more: Climate & Energy

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Leaked IPCC report: Humans are adapting — but hunger, homelessness, and violence lie ahead

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Why Americans Can’t Remember Afghanistan

Mother Jones

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This story first appeared on the TomDispatch website.

Will the US still be meddling in Afghanistan 30 years from now? If history is any guide, the answer is yes. And if history is any guide, three decades from now most Americans will have only the haziest idea why.

Since the 1950s, the US has been trying to mold that remote land to its own desires, first through an aid “war” in the midst of the Cold War with the Soviet Union; then, starting as the 1970s ended, an increasingly bitter and brutally hot proxy war with the Soviets meant to pay them back for supporting America’s enemies during the war in Vietnam. One bad war leads to another.

From then until the early 1990s, Washington put weapons in the hands of Islamic fundamentalist extremists of all sorts—thought to be natural, devoutly religious allies in the war against “godless communism”—gloated over the Red Army’s defeat and the surprising implosion of the Soviet empire, and then experienced its own catastrophic blowback from Afghanistan on September 11, 2001. After 50 years of scheming behind the scenes, the US put boots on the ground in 2001 and now, 12 years later, is still fighting there—against some Afghans on behalf of other Afghans while training Afghan troops to take over and fight their countrymen, and others, on their own.

Through it all, the US has always claimed to have the best interests of Afghans at heart—waving at various opportune moments the bright flags of modernization, democracy, education, or the rights of women. Yet today, how many Afghans would choose to roll back the clock to 1950, before the Americans ever dropped in? After 12 years of direct combat, after 35 years of arming and funding one faction or another, after 60 years of trying to remake Afghanistan to serve American aims, what has it all meant? If we ever knew, we’ve forgotten. Weary of official reports of progress, Americans tuned out long ago.

Back in 1991, as Steve Coll reports in Ghost Wars, an unnamed CIA agent mentioned the war in Afghanistan to President George H.W. Bush. Not long before, he had okayed the shipment of Iraqi weaponry captured in the first Gulf War—worth $30 million—to multiple factions of Islamist extremists then battling each other and probably using those secondhand Iraqi arms to destroy Afghanistan’s capital, Kabul. Still, Bush seemed puzzled by the CIA man’s question about the war. He reportedly asked, “Is that thing still going on?”

Such forgetfulness about wars has, it seems, become an all-American skill. Certainly, the country has had little trouble forgetting the war in Iraq, and why should Afghanistan be any different? Sure, the exit from that country is going to take more time and effort. No seacoast, no ships, bad roads, high tolls, IEDs. Trucking stuff out is problematic; flying it out, wildly expensive, especially since a lot of the things are really, really big. Take MRAPs, for example—that’s Mine-Resistant Ambush-Protected vehicles—11,000 of them, weighing 14 tons or more apiece. For that workhorse transport plane, the C-17, a full load of MRAPs numbers only four.

The equipment inventory keeps changing, but estimates run to 100,000 shipping containers and about 50,000 vehicles to be removed by the end of 2014, adding up to more than $36 billion worth of equipment now classified as “retrograde.” The estimated shipping bill has quickly risen to $6 billion, and like the overall cost of the war, it is sure to keep rising.

Seven billion dollars worth of equipment—about 20% of what the US sent in to that distant land—is simply being torn up, chopped down, split, shredded, stomped, and, when possible, sold off for scrap at pennies a pound. Toughest to break up are the weighty MRAPs. Introduced in 2007 at a cost of $1 million apiece to counteract deadly roadside bombs, they were later discovered to be no better at protecting American soldiers than the cheaper vehicles they replaced. Of the 11,000 shipped to Afghanistan, 2,000 are on the chopping block, leaving a mere 9,000 to be flown to Kuwait, four at a time, and shipped home or “repositioned” elsewhere to await some future enemy.

The military is not exaggerating when it calls this colossal destruction of surplus equipment historic. A disposal effort on this scale is unprecedented in the annals of the Pentagon. The centerpiece of this demolition derby may be the brand-new, 64,000-square-foot, $34-million, state-of-the art command center completed in Helmand Province just as most US troops left, and now likely to be demolished. Or the new $45 million facility in Kandahar built as a repair center for armored vehicles, now used for their demolition, and probably destined to follow them. Taxpayers may one day want to ask some questions about such profligate and historic waste, but it’s sure to keep arms manufacturers happy, resupplying the military until we can get ourselves into another full-scale war.

So this exit is a really big job, and that’s without even mentioning the paperwork. All those exit plans, all the documents to be filed with the Afghan government for permission to export our own equipment, all the fines assessed for missing customs forms (already running to $70 million), all the export fees to be paid, and the bribes to be offered, and the protection money to be slipped to the Taliban so our enemies won’t shoot at the stuff being trucked out. All that takes time.

But when it comes right down to it, the United States has a surefire way of ending a war, no matter when it actually ends (or doesn’t). When we say it’s over, it’s over.

Enduring Operation Enduring Freedom

As it happens, things probably won’t be quite so decisively “over” for everybody. Look at Iraq, for example. The last American troops drove out of Iraq in December 2011, leaving behind a staff of at least 16,000, including 5,000 private security contractors, assigned to the vast $750 million fortress of a US Embassy in Baghdad. That war has now been over for almost two years, the embassy staff is being trimmed, and yet, the drumbeat of news about car bombs, suicide bombers, and the latest rounds of sectarian cleansing has not slackened. Nearly 6,000 Iraqis have been killed so far this year, 1,000 in July alone, making it the deadliest month in Iraq since 2008. Even Iraqis who lived through the war in their own homes are now fleeing, like millions of Iraqis before them—many the victims of sectarian cleansing practiced during the American-led “surge” of 2007 and now polished to a fine art. From the foreign diplomatic corps in Baghdad come informal messages that include the words “worse than ever.”

In Afghanistan, too, as the end of a longer war supposedly draws near, the rate at which civilians are being killed has actually picked up, and the numbers of women and children among the civilian dead have risen dramatically. This week, as the Nation magazine devotes a special issue to a comprehensive study of the civilian death toll in Afghanistan—the painstaking work of Bob Dreyfuss and Nick Turse—the pace of civilian death seems only to be gaining momentum as if in some morbid race to the finish.

Like Iraqis, Afghans, too, are in flight—fearing the unknown end game to come. The number of Afghans filing applications for asylum in other countries, rising sharply since 2010, reached 30,000 in 2012. Undocumented thousands flee the country illegally in all sorts of dangerous ways. Their desperate journeys by land and sea spark controversy in countries they’re aiming for. It was Afghan boat people who roused the anti-immigrant rhetoric of candidates in the recent Australian elections, revealing a dark side of the national character even as Afghans and others drowned off their shores. War reverberates, even where you least expect it.

Afghans who remain at home are on edge. Their immediate focus: the presidential election scheduled for April 5, 2014. It’s already common knowledge that the number of existing voter cards far exceeds the number of eligible voters, and millions more are being issued to new registrants, making it likely that this presidential contest will be as fraudulent as the last, in 2009, when voter cards were sold by the handful.

With President Hamid Karzai constitutionally barred from a third term, the presidential race is either wide open, or—as many believe—already a done deal. In August, Afghan news services reported that Karzai had chaired a meeting with a few of the country’s most powerful warlords to call for the candidacy of Abdul Rab Rasoul Sayyaf, intimidator of women in parliament, longtime pal of Osama bin Laden, mentor of al-Qaeda’s Khalid Sheikh Mohammed, likely collaborator in the assassination two days before 9/11 of the Taliban’s greatest opponent, Ahmad Shah Massoud—in short the quintessential untouchable jihadi.

There’s an irony so ludicrous as to be terrible in the thought that while the US supposedly fought this interminable war to insure that al-Qaeda would never again find a haven in Afghanistan, the country’s next president could be the very guy who invited bin Laden to Afghanistan in the first place and became his partner in building al-Qaeda training camps.

Even Karzai, who likes to poke his finger in American eyes, quickly backed away from that insult. Within hours of the news reports, he announced that he would remain “neutral.” Americans scarcely seemed to notice, but Afghans noted what Karzai had done in the first place. Now, as Sayyaf and other potential candidates do backroom deals, jockeying for position, Afghans wait anxiously to learn which ones will actually register to run before the October 6th deadline.

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Why Americans Can’t Remember Afghanistan

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Climate change 101 with Ernest Moniz: “Count.”

Climate change 101 with Ernest Moniz: “Count.”

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Basic math.

For the sake of any slow ones in the room, how can we be so sure that humans are responsible for climate change?

Basic mathematics is a good place to start.

That’s how Energy Secretary Ernest Moniz explained his confidence that humanity is to blame for climate distruption. He was addressing Rep. David McKinley (R-W.Va.), a climate skeptic, during a House Energy and Commerce subcommittee hearing on Thursday. McKinley was questioning whether humans or natural cycles were “primarily” responsible for climate change.

“The rise in CO2 emissions in the last half century is clearly tracked to our global increased energy use,” Moniz replied. “I know how to count. I can count how many CO2 molecules have gone out from fossil fuel combustion and I know how many additional CO2 molecules are in the atmosphere.”

Counting, hey? Radical stuff. It sounds suspiciously like science — something that climate skeptics aren’t much into. But McKinley decided to share his views on how science should work nonetheless, deriding the consensus among scientists on anthropogenic global warming.

“I think consensus has a place in politics, but consensus doesn’t have a place in science,” McKinley said.

“My judgment is based on numbers,” Moniz replied, “on data, and not on the consensus.”

Here is video of Moniz’s remarks:

John Upton is a science fan and green news boffin who tweets, posts articles to Facebook, and blogs about ecology. He welcomes reader questions, tips, and incoherent rants: johnupton@gmail.com.

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Maine Is Second State to Pass GMO Labeling Law

Mother Jones

Just nine days after Connecticut passed its genetically-engineered food labeling law, Maine lawmakers approved their own legislation requiring food manufacturers to reveal genetically engineered ingredients on products’ packaging. The governors in both New England states are expected to sign the bills into law soon.

Last week, Paul Towers, a spokesman for the Pesticide Action Network, described Connecticut’s bill as “important” but also “cautious.” Both it and the Maine bill include stipulations requiring other states—including at least one border state—to pass their own GMO labeling laws before they go into effect—so Maine’s bill, for example, does nothing unless New Hampshire and a few other states pass similar bills. Still, members of the Right To Know movement consider the bills a victory—especially after last November’s narrow defeat of California’s GMO labeling bill Prop. 37.

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Maine Is Second State to Pass GMO Labeling Law

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Quote of the Day: NSA Wants to Be Totally Open

Mother Jones

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From Gen. Keith B. Alexander, director of the National Security Agency, on its phone surveillance program:

We aren’t trying to hide it.

Really? You sure could have fooled me. In other NSA-related news, we learned a few new things today:

From Sen. Dianne Feinstein: “The vast majority of the records in the database are never accessed and are deleted after a period of five years. To look at or use the content of a call, a court warrant must be obtained.”
Gen. Alexander claimed in his testimony that the phone surveillance program had been instrumental in preventing “dozens” of terrorist attacks: “In particular, he cited the cases of Najibullah Zazi, an Afghan American who pleaded guilty to planning suicide attacks in New York, and Pakistani American David C. Headley, who was arrested in 2009 for his role in a terrorist attack the year before in Mumbai, and who was plotting to attack a Danish newspaper that published a satirical cartoon of the prophet Muhammad.”
After a briefing, Rep. Loretta Sanchez said she was astounded: “What we learned in there is significantly more than what is out in the media today….I don’t know if there are other leaks, if there’s more information somewhere, if somebody else is going to step up, but I will tell you that I believe it’s the tip of the iceberg.
Whistleblower Edward Snowden told the South China Morning Post that the U.S. is heavily involved in cyber warfare: “Snowden believed there had been more than 61,000 NSA hacking operations globally, with hundreds of targets in Hong Kong and on the mainland. ‘We hack network backbones — like huge internet routers, basically — that give us access to the communications of hundreds of thousands of computers without having to hack every single one,’ he said.”

Aside from a bit of trash talking between Glenn Greenwald and Rep. Peter King, I think those are the main new nuggets of Big Brotherism in the news today.

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Quote of the Day: NSA Wants to Be Totally Open

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State Department Forces Texas Law Student to Take Down Instructions for 3-D-Printed Guns

Mother Jones

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Defense Distributed, the Texas-based company specializing in 3-D-printed plastic firearms, took down its downloadable files on Thursday at the request of the State Department’s Directorate of Defense Trade Control Compliance. The company posted a blueprint for the first fully-operational printed plastic handgun, “The Liberator,” on Monday at its site, DEFCAD; the file was downloaded more than a 100,000 times in its first three days.

In a letter to the company’s founder, Cody Wilson, the State Department alleged that the Defense Distributed’s file-sharing service violated the terms of the Arms Export Control Act, and demanded that it take down 10 of its files, including the Liberator, within three weeks.

“Our theory’s a good one, but I just didn’t ask them and I didn’t tell them what we were gonna do,” Wilson, a University of Texas law student, told Mother Jones. “So I think it’s gonna end up being alright, but for now they’re asserting information control over the technical data, because the Arms Information Control Act governs not just actual arms, but technical data, pictures, anything related to arms.”

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State Department Forces Texas Law Student to Take Down Instructions for 3-D-Printed Guns

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Rand Paul Wants to Loosen Laws on Offshore Tax Evasion

Mother Jones

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Late Tuesday, Sen. Rand Paul (R-Ky.) introduced a bill that would repeal part of a law aimed at fighting offshore tax evasion.

The law, called the Foreign Account Tax Compliance Act, was passed in 2010 and is supposed to go into effect on January 1, 2014. It requires foreign financial institutions to report information about Americans with accounts worth more than $50,000 to the IRS. Firms that don’t comply will be fined.

Tax policy watch dogs say the FATCA is essential to rooting out tax cheats. “The increased bilateral exchange of taxpayer information that…is crucial to cleaning up the worldwide shadow financial system,” Heather Lowe, director of government affairs for the advocacy organization Global Financial Integrity told Accounting Today earlier this month. “Foreign financial institutions should not harbor the illicit assets of U.S. tax evaders.”

But Paul’s bill to weaken the law was immediately hailed as “heroic” by the biggest independent financial advisory firm in the world. In an email press release from the deVere group, chief executive Nigel Green said, “Senator Paul’s heroic stance against this toxic, economy-damaging tax act is a landmark moment in the mission to have it repealed. He has taken a courageous stand against FATCA, a law that will impose unnecessary costs and burdens on foreign financial institutions.”

Paul, generally a die-hard anti-taxer, says the intent of his bill “is not to disrupt legitimate tax enforcement.” Instead, he says he objects to FATCA because it “violates important privacy protections,” by giving foreign governments too much access to US citizens’ tax information. Paul says he is only in favor of repealing those provisions.

But Paul has a long history of fighting the offshore-tax evasion law. Since FATCA was signed, the Treasury Department has been negotiating and signing treaties with over 50 countries to implement the law’s provisions. Paul has put a hold on Senate approval of all tax treaties since he was elected in 2010, and as such has been blamed for trying to block FATCA.

A companion version of Paul’s bill is expected to be introduced in the House soon.

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Rand Paul Wants to Loosen Laws on Offshore Tax Evasion

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MAP: Which States Have Cut Treatment For the Mentally Ill the Most?

Mother Jones

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Between 2009 and 2012, states cut a total of $4.35 billion in public mental-health spending from their budgets. According to a report by the National Alliance on Mental Illness, significant cuts to general fund appropriations for state mental health agencies have translated into a severe shortage of services, including housing, community-based treatment and access to psychiatric medications. “Increasingly, emergency rooms, homeless shelters and jails are struggling with the effects of people falling through the cracks,” the report says, “due to lack of needed mental health services and supports.”

The map below shows how states’ spending changed on mental health services between 2009 and 2012. Click on a state to see the specifics.

These six states and the District of Columbia made the deepest cuts to their mental health budgets.

Read more about America’s mental health care crisis:


Schizophrenic. Killer. My Cousin.


TIMELINE: Deinstitutionalization And Its Consequences


MAP: Which States Have Cut Treatment For the Mentally Ill the Most?


WATCH: Haunting Photographs From Inside Abandoned Asylums

South Carolina ($187.3 million in 2009 to $113.7 million in 2012, -39.3 percent): The director of the local NAMI chapter says the state’s mental-health department is “approaching crisis mode with funding at 1987 levels.” After closing community mental-health centers and reducing services at its remaining facilities, the department is now serving thousands fewer patients.

Alabama ($100.3 million in 2009 to $64.2 million in 2012, -36 percent): Alabama has one of the lowest numbers of psychiatrists PDF per capita in the nation. Despite rising demand for psychiatric hospital beds, Alabama plans to close most of its state mental hospitals this spring, laying off 948 employees.

Alaska ($125.6 million in 2009 to $84.7 million in 2012, -32.6 percent): Alaska has the nation’s No. 2 suicide rate—and a massive mental-health workforce shortage. Sometimes there is not a single psychiatrist or psychiatric nurse PDF available at the mental-health center in Fairbanks, the state’s second-largest city.

Illinois ($590.7 million in 2009 to $403.7 million in 2012, $-31.7 percent): Illinois has more mentally ill people living in nursing homes than any other state. In 2010, the state settled a class-action civil rights lawsuit, agreeing to help 5,000 of them transition into community programs within five years. As of July 2012, only 45 people had moved.

Nevada ($175.5 million in 2009 to $126.2 million in 2012, -28.1 percent): In 2003, Reno police calculated how much it cost the county to repeatedly pick up and hospitalize Murray Barr, a homeless man with an alcohol addiction. Tallying up doctors’ fees and other expenses from his decade on the streets, Barr racked up a $1 million bill.

District of Columbia ($212.4 million in 2009 to $161.6 million in 2012, -23.9 percent): Children on Medicaid wait 10 weeks—or one-third of the school year—for an appointment with a Children’s National Medical Center community clinic psychiatrist.

California ($3,612.8 million in 2009 to $2,848 million in 2012, -21.2 percent): Inmates with severe mental illness often wait three to six months for a state psychiatric hospital bed. In 2007, 19 percent of state prisoners were mentally ill. By 2012, 25 percent were.

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MAP: Which States Have Cut Treatment For the Mentally Ill the Most?

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Law Professor John Yoo Apparently Unaware of Federal Rules of Criminal Procedure

Mother Jones

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p.mininav-header-text background-color: #000000 !importantMore MoJo coverage of the 2013 Boston Marathon bombings


How the FBI in Boston May Have Pursued the Wrong “Terrorist”


READ: Here Are the Federal Charges Against Boston Bombing Suspect Dzhokhar Tsarnaev


The 11 Most Mystifying Things the Tsarnaev Brothers Did


What We Know About the Tsarnaev Brothers’ Guns


What These Tweets Tell Us About Dzhokhar Tsarnaev


Stunned Reactions From Former Classmates of Dzhokhar Tsarnaev


Did Boston Bombing Suspect Post Al Qaeda Prophecy on YouTube?


Boston Marathon Bombing Suspect Charged With Using WMD

Torture memo author John Yoo and others who have called for Boston marathon bombing suspect Dzhokhar Tsarnaev to be held in military detention are claiming vindication following reports that Tsarnaev stopped talking to interrogators after a judge advised him of his right to remain silent.

“Apparently the FBI interrogated the younger Tsarnaev for 16 hours,” wrote torture memo author John Yoo at National Review. “And then, for reasons that are still unknown, the government read him his rights.”

Yoo has never met a right he didn’t want to ball up like a piece of paper and toss into a trash can in the name of national security. But despite being an attorney and professor at the prestigious University of California Berkeley School of Law, Yoo is either misleading his readers about why Tsarnaev was read his rights or unaware of a basic legal rule.

The judge appeared at the hospital because the Federal Rules of Criminal Procedure state that suspects have to be brought before “a magistrate judge, or before a state or local judicial officer” and it must be done “without unnecessary delay.” The Supreme Court has held that, absent exigent circumstances or the suspect waiving the right to go before a judge—as wannabe Times Square bomber Faisal Shahzad reportedly did—a suspect has to appear before a judge within 48 hours of being apprehended. This is usually referred to in legal shorthand as “presentment,” as in, “presentment before a judge.”

“In practice, this means that law enforcement officers usually have no more than 48 hours to interrogate suspects without informing them of their rights, and usually far less,” explains Steve Vladeck, a law professor at American University School of Law. “Once presentment occurs, the judge, if not the interrogating officers, will advise the suspect of all of his rights.”

That’s what happened in this case. Tsarnaev’s interrogators didn’t read him his rights. Nor did the “Obama administration,” as some, including Sen. Dan Coats (R-Ind.), have claimed. A judge did it. The 48-hour rule exists to prevent the government from detaining people secretly and without a suspect knowing the charges against them. Needing to interrogate a suspect is not included in the exigent circumstances that can be used to justify delaying bringing the suspect before a judge. And the government could not have legally placed Tsarnaev in military detention, either, because absent evidence of concrete operational connections between Tsarnaev and Al Qaeda or its affiliates it would not be legal to do so—and it might not be constitutional even if it were technically legal.

“This is a rule of law issue, and it’s also an effectiveness issue,” says Hina Shamsi, an attorney with the ACLU. “Calls to do an end-run around constitutional rights are not just wrong they prevent a fair and effective prosecution.”

The feds have every reason to play this one by the book. Few things could compound the tragedy of Boston like jeopardizing Tsarnaev’s prosecution because of a rush to trample his constitutional rights.

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Law Professor John Yoo Apparently Unaware of Federal Rules of Criminal Procedure

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