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Many Evacuated, but Thousands Still Waiting(still no state of emergency in LA)
Washington Post ^ | 9-4-2005 | By Manuel Roig-Franzia and Spencer Hsu

Posted on 09/03/2005 9:07:35 PM PDT by aft_lizard

Behind the scenes, a power struggle emerged, as federal officials tried to wrest authority from Louisiana Gov. Kathleen Babineaux Blanco (D). Shortly before midnight Friday, the Bush administration sent her a proposed legal memorandum asking her to request a federal takeover of the evacuation of New Orleans, a source within the state's emergency operations center said Saturday.

The administration sought unified control over all local police and state National Guard units reporting to the governor. Louisiana officials rejected the request after talks throughout the night, concerned that such a move would be comparable to a federal declaration of martial law. Some officials in the state suspected a political motive behind the request. "Quite frankly, if they'd been able to pull off taking it away from the locals, they then could have blamed everything on the locals," said the source, who does not have the authority to speak publicly.

A senior administration official said that Bush has clear legal authority to federalize National Guard units to quell civil disturbances under the Insurrection Act and will continue to try to unify the chains of command that are split among the president, the Louisiana governor and the New Orleans mayor.

Louisiana did not reach out to a multi-state mutual aid compact for assistance until Wednesday, three state and federal officials said. As of Saturday, Blanco still had not declared a state of emergency, the senior Bush official said.

"The federal government stands ready to work with state and local officials to secure New Orleans and the state of Louisiana," White House spokesman Dan Bartlett said. "The president will not let any form of bureaucracy get in the way of protecting the citizens of Louisiana."

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Extended News; Front Page News; News/Current Events
KEYWORDS: blanco; bush; fema; grossincompetence; incompetence; katrina; katrinafailures; nagin; nationalguard
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To: aft_lizard
Post it again, and again, and again:

Louisiana did not reach out to a multi-state mutual aid compact for assistance until Wednesday, three state and federal officials said. As of Saturday, Blanco still had not declared a state of emergency, the senior Bush official said.

161 posted on 09/04/2005 5:23:41 AM PDT by DouglasKC
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To: Grampa Dave
"Wake up folks to what is really going on here. The Democratic power structure in Louisiana and New Orleans realizes that the massive evacuation means that New Orleans will not have the population (and the voters) it had a week ago for decades. People evacuated from NO will resettle and put down roots elsewhere. Businesses that get back in business elsewhere is mostly stay there.

Yep, LA just became a solid red state. It's exactly what would happen in Michigan if Detroit were depopulated.

162 posted on 09/04/2005 5:31:16 AM PDT by DouglasKC
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To: Eastbound

I looked at the url numbers too and noticed they were in chronological order....but, I don't know if that couldn't be manipulated, either.


163 posted on 09/04/2005 5:50:04 AM PDT by nicmarlo
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To: konaice
That's an instate declaration, Not a request for Federal assistance. That request for federal assistance is what triggers the deployment of gaurd troops from other states as well as national forces (regular army and navy and airforce).

Do you know of a concise tutorial on "disaster law?"

The common wisdom perceives a balck and white system for all sorts of terms, like "calling up the Guard," and common sense indicates that there is a more complex substantive system. E.g., the LA Nat'l Guard was at the SuperDome before the storm hit, but more guard are coming in now, etc.

The official correspondence illuminates some of the complexity of the formal and legal mechanisms.

164 posted on 09/04/2005 5:56:38 AM PDT by Cboldt
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To: _Jim; Enchante
The declaration of a state of emergency [text] issued by Gov. Kathleen Blanco on Friday and set to continue for at least a month does, however, give officials power to suspend civil liberties in the process of restoring order, and the Louisiana Homeland Security and Emergency Assistance and Disaster Act of 1993 gives the governor and heads of parishes power to commandeer property.

That reads as having only intra-state effect. This is the State of LA declaraing an emergency, which affects only the way state authorites are to act.

I know next to nothing about disaster law, but here we can see that "Martial Law" also comes in more than one flavor - and I don't mean only the terminology, i.e. "State of Emergency" vs. "Martial Law." The "State of Emergency"/"Martial Law" here declared is void of effect with regard to any aspect of the federal government.

165 posted on 09/04/2005 6:03:25 AM PDT by Cboldt
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To: Cboldt

I read on one of the many other threads that one of the additional complexities is that the LA legal and governmental system - being based on the Napoleonic Code - is entirely different from any other in the US. The powers of the officials are different, for one thing, and it is not clear that the Governor even has the power to declare martial law.

I'm sure a more resourceful one would have found a way to do so, since that was clearly what was needed, but Blanco is far from resourceful. (Possibly devious, yes, but not resourceful.)


166 posted on 09/04/2005 6:10:26 AM PDT by livius
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To: TAdams8591
In a situation where there is such a strong possibility of a HUGE DISASTER, the president cannot be concerned about whether he'll be harshly criticized for stepping in.

"Stepping in" comes in degrees. The President did step in and urge the governor to issue a State of Emergency Declaration. He did step in and urge a mandatory evacuation.

There is a pre-existing system of "escalation" of intervention from the outside. Understand that if the President asserts more, "steps in" more than asked by the local authorities, he is in effect over-riding their authority, taking over the local government. That's okay if the locals ask for it (essentially giving up control in exchange for relief), and I'm sure there are circumstances where that is done when the locals don't ask for it (e.g., insurrection).

But the reasonable default assumption in a case of disaster is that the locals will ask for the help that they need. Blanco has not YET, today, made the necessary formal request that would put federal officials in charge of the relief. Therefore, Louisina officials are directing the relief effort.

167 posted on 09/04/2005 6:10:43 AM PDT by Cboldt
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To: kingu
If she hasn't declared a state of emergency, than what is this proclamation of state of emergency?

That proclamation is purely an in-state document. It gives state government the power to commandeer property, and it gives state "police" power to suspend some civil liberties.

It has zero effect as to the relationship between the State of Louisiana and the rest of the world.

168 posted on 09/04/2005 6:13:31 AM PDT by Cboldt
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To: kcvl
The administration sought unified control over all local police and state National Guard units reporting to the governor. Louisiana officials rejected the request after talks throughout the night, concerned that such a move would be comparable to a federal declaration of martial law

A distinction can be seen here too, between state declared "martial law" ("state of emergency" being the term of art in LA), and federal "martial law."

The state has control first, as it should be. It's sad to see our governments and bureacracies engaged in turf battles in time of disaster, but turf battles is what politicians are built to do. And in this case, we have a grossly incompetent state and local government (incompetent in the face of this disaster, probably adequate in less stressful situations) in the mix.

169 posted on 09/04/2005 6:18:12 AM PDT by Cboldt
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To: Diddle E. Squat
Are there different states of emergency?

Yes - declarations are very specific. They have a territorial aspect, as in what areas will be under the declaration, and they have a force component, i.e., how much and which civil liberties will be suspended.

170 posted on 09/04/2005 6:20:06 AM PDT by Cboldt
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To: grey_whiskers
Bush should declare a national emergency and have Blanco, and Nagin forcibly removed.

Not until the people of Louisana call for it. And right now, egged on by Blanco and Nagin, the people of Louisiana, through the national media, are calling Bush incompetent.

171 posted on 09/04/2005 6:22:17 AM PDT by Cboldt
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To: kenth
In a nutshell, they're playing political games with people's lives.

Yes. That is it in a nutshell. Turf protection comes ahead of constiuent protection. That -IS- the nature of government, and that is whay we should have less government instead of more government.

172 posted on 09/04/2005 6:24:09 AM PDT by Cboldt
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To: Howlin

here is some of it posted....not sure about wa post legalities...


173 posted on 09/04/2005 6:25:07 AM PDT by MarMema
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To: kcvl

She is a complete idiot and should be prosecuted for negligence leading to the deaths of many.


174 posted on 09/04/2005 6:26:05 AM PDT by MarMema
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To: livius
I read on one of the many other threads that one of the additional complexities is that the LA legal and governmental system - being based on the Napoleonic Code - is entirely different from any other in the US. The powers of the officials are different, for one thing, and it is not clear that the Governor even has the power to declare martial law.

No matter what the term of art is (e.g., LA declares "State of Emergency" which is just another word for "martial law," and even those come in any form required to get the task done then restore full civil liberties), the federal/state relationship and state-to-state relationship is independent of the in-state law.

Right now, Blanco is trying to keep the authority, but shed the responsibility.

175 posted on 09/04/2005 6:29:54 AM PDT by Cboldt
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To: Cboldt

Absolutely. Not that she ever accepted any responsibility to begin with...


176 posted on 09/04/2005 6:32:13 AM PDT by livius
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To: DJ MacWoW
Check the letter. It's dated August 28, 2005. Bet it was AFTER Bush called her and she backdated. The letter is dated Aug 28.

I think the letter is accurately dated. The declaration has zero meaning outside of the state of Louisiana.

On another note, we'll see if the state is serious - it is reported that a bar opened for business in the French Quarter, and the city is still under a mandatory evacuation order.

177 posted on 09/04/2005 6:32:39 AM PDT by Cboldt
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To: thelastvirgil
I have been listening to WLW radio, out of Nawlins (870 am), and it is one big blame-a-thon directed at President Bush and the feds. Caller after caller bashing the lack of response from the president and FEMA. The hosts are actively encouraging the most ridiculous, inane, and stupid crapola I have ever heard.

Bitch at the people you ae asking for relief from. And some suggest that faced with this, the President should forcibly "take over" without being asked to.

178 posted on 09/04/2005 6:35:14 AM PDT by Cboldt
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To: maryz
It sounds like Alice in Wonderland logic to me. If someone can explain this reasoning, I'm willing to listen.

It is Alice in Wonderland language, and the reason for using it is to manipulate public sentiment regarding who its leaders should be. The politicians and media have dumbed down the public, and are now taking advantage of that.

179 posted on 09/04/2005 6:37:00 AM PDT by Cboldt
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To: mariabush
Fine! I think that G. Bush should call her up and say, Baby it is all yours, then pull all of the feds out and let her hang. How sad that we cannot even have a terrible disaster in this country without a big power fight in the first couple of days.

There would have been no fight, if this woman did what she was supposed to. I imagine the only reason she hired the former FEMA director was because higher dems stepped in and told her to do something.

She was either plain stupid or in a stupor.

180 posted on 09/04/2005 6:58:06 AM PDT by World'sGoneInsane (LET NO ONE BE FORGOTTEN, LET NO ONE FORGET)
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