Posted on 09/02/2005 9:12:23 PM PDT by airedale
In order to get federal troops the state governors have to formally ask in writing. I was wondering when exactly the various governors asked for federal troops and their support. FEMA is different and no formal request is needed.
Second question when did the various governors mobilize there Air and Army National Guard units. When did the units actually mobilize?
Third question in terms of Louisiana does their Air National Guard have helicopters (cargo and heavy lift as opposed to gunships and attack helicopters)? If so how many and when where they put into service flying missions in support of the disaster?
Did the states have preplanned staging areas outside the disaster area for the guard units? Did the states have emergency supplies prestaged? Did they start getting them ready before the hurricane it or did they just wait until 3 or 4 days after the hurricane blew through
Mandatory evacuation ordered for N.O.
Aug 30, 2005, 5:17 AM
NEW ORLEANS (AP) - In the face of a catastrophic Hurricane Katrina, a mandatory evacuation was ordered Sunday for New Orleans by Mayor Ray Nagin…
Gov. Kathleen Blanco, standing beside the mayor at a news conference, said President Bush called and personally appealed for a mandatory evacuation for the low-lying city, which is prone to flooding.
http://katc.com/Global/story.asp?S=3775049&nav=EyAzdqAx
Asking for Federal troops i.e., the National Guard, is one thing. Getting them is another as they must first be "Federalized" and that takes some time. Do your research on just what must be done to Federalize Troops. The Governor of LA was way short on her duties in this matter. The Mayor of N.O. rescued some tourists in a hotel rather than take care of his own people who were in dire straights and needed him.......the politics of this disaster must be cleanly researched - no innuendo - facts period.
Looks to me like she was a day late and a dollar short.........
"Looks to me like she was a day late and a dollar short........."
...a day late and a holler (for help) short...
Looks to me like she was a day late and a dollar short.........Really?
Per:
www.gov.state.la.us/Press_Release_detail.asp?id=976
August 27, 2005
The President
The White House
Washington, D. C.Through:
Regional Director
FEMA Region VI
800 North Loop 288
Denton, Texas 76209Dear Mr. President:
Under the provisions of Section 501 (a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5206 (Stafford Act), and implemented by 44 CFR § 206.35, I request that you declare an emergency for the State of Louisiana due to Hurricane Katrina for the time period beginning August 26, 2005, and continuing. The affected areas are all the southeastern parishes including the New Orleans Metropolitan area and the mid state Interstate I-49 corridor and northern parishes along the I-20 corridor that are accepting the thousands of citizens evacuating from the areas expecting to be flooded as a result of Hurricane Katrina.
...
Sincerely,
Kathleen Babineaux Blanco
Governor
So where do the troops come in again?
Estimated requirements for other Federal agency programs:
• Department of Social Services (DSS): Opening (3) Special Need Shelters (SNS) and establishing (3) on Standby. Costs estimated at $500,000 per week for each in operation.
• Department of Health and Hospitals (DHH): Opening (3) Shelters and establishing (3) on Standby. Costs estimated at $500,000 per week for each in operation.
• Office of Homeland Security and Emergency Preparedness (OHSEP): Providing generators and support staff for SNS and Public Shelters. Costs estimated to range from $250,000-$500,000 to support (6) Shelter generator operations.
• Louisiana State Police (LSP): Costs to support evacuations - $300,000 for a non-direct landfall.
• Louisiana Department of Wildlife and Fisheries (WLF): Costs to support evacuations - $200,000 for a non-direct landfall.
• Louisiana Department of Transportation and Development (DOTD): Costs to support evacuations - $2,000,000 for a non-direct landfall.
Totals: $ 9,000,000
Estimated Requirements for assistance under the Stafford Act:
Coordination: $0
Technical and advisory assistance: $0
Debris removal: $0
Emergency protective measures: $ 9,000,000
Individuals and Households Program (IHP): $0
Distribution of emergency supplies: $0
Other (specify): $0
Totals: $ 9,000,000
Grand Total: $ 9,000,000
So where do the troops come in again?It's right there under your nose:
Under the provisions of ... the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5206 (Stafford Act)Which states, in part:
§ 5192. Federal emergency assistance {Sec. 502}a. Specified
In any emergency, the President may--
- direct any Federal agency, with or without reimbursement, to utilize its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical and advisory services) in support of State and local emergency assistance efforts to save lives, protect property and public health and safety, and lessen or avert the threat of a catastrophe;
After reading up on it, as I am not a lawyer nor do I play one on TV, it seems that FEMA controls federal troops after an emergency declaration is approved by the president.
However, under Posse Comitatus, a (governor) has to explicitly request federal troops to quell insurrection as they have no authority to enforce civilian law.
I do not find that request in this document, obviously, since it was written prior to hurrican landfall.
=====
The language of the act itself specifies that activities expressly authorized by the Constitution or by statute are exempt from the act's restrictions. One such exception is the statutory authority of the President to use federal troops to quell domestic violence.[31]
Upon receipt of a proper request for assistance from a state governor, the President issues a proclamation identifying that a breakdown in public order has occurred, and orders the intransigent individuals to disperse.
Once it is clear that the order to disperse is not being followed, the President then orders the Secretary of Defense, in consultation with the Attorney General, to quell the insurrection and restore public order. This presidential authority to use federal troops is plenary and not subject to judicial review.[32]
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