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JURIST - Paper Chase: Federal government tried legal takeover of Katrina operations: state official
Jurist - Legal News & Research (The University of Pittsburgh Law School) ^ | September 4, 2005 | Kate Heneroty

Posted on 09/08/2005 6:07:47 AM PDT by George Smiley

Federal government tried legal takeover of Katrina operations: state official  

Kate Heneroty at 11:15 AM ET


[JURIST] The Washington Post reported Sunday that Bush administration officials sent a draft legal memorandum to Louisiana Governor Kathleen Blanco just before midnight Friday asking her to request a federal takeover of the evacuation of New Orleans, according to a source within the state's emergency operations center. Administration officials had been seeking direct unified control over local police and National Guard units that would otherwise be under the Governor's jurisdiction. According to a senior Bush official, the President has the power (by state request or unilaterally) to federalize National Guard troops and put down civil unrest under the Insurrection Act [text; 2001 Congressional testimony on potential legal and other problems with federalizing the Guard during state emergencies, PDF]. Suspecting a political motive, however, state officials refused to make the request, recognizing its implications for state authority over a state emergency and arguing it would be analogous to a federal declaration of martial law, a legal condition that both the US military [JURIST report] and state authorities [JURIST report] had previously been at public pains to avoid. The next day Blanco shored up her authority over the situation by setting up a state relief fund and calling in former Clinton administration FEMA director James Lee Witt [professional profile] to advise on the state relief effort. Federal officials all the way up to President have suggested that state and local governments were overwhelmed by the scope of the disaster and were slow to respond, but that they themselves could not have moved more quickly because, in the words of Homeland Secutity Secretary Michael Chertoff, "our constitutional system really places the primary authority in each state with the governor." The Post quotes its state source as saying "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," The Washington Post has more.

3:25 PM ET - In an article posted on its website Sunday, Newsweek magazine notes that legal wrangling was also going on within the Bush administration as the situation in New Orleans deteriorated:
President Bush could have "federalized" the National Guard in an instant. That's what his father, President George H.W. Bush, did after the Los Angeles riots in 1992.... But after Katrina, a strange paralysis set in. For days, Bush's top advisers argued over legal niceties about who was in charge, according to three White House officials who declined to be identified because of the sensitivity of the negotiations. Beginning early in the week, Justice Department lawyers presented arguments for federalizing the Guard, but Defense Department lawyers fretted about untrained 19-year-olds trying to enforce local laws, according to a senior law-enforcement official who requested anonymity citing the delicate nature of the discussions.



TOPICS: Government; News/Current Events; US: Louisiana
KEYWORDS: blamegame; fingerpointing; katrina
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Bush is criticized for not federalizing the Louisiana National Guard over objections of Gov. Blanco.

If he'd done that, the Left would have gone so ballistic that the trajectory would have been unchartable.

1 posted on 09/08/2005 6:07:48 AM PDT by George Smiley
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To: George Smiley
HOLY CRAP! BUSH TRIED TO GET THE PEOPLE OUT, AND LOUISIANA'S GOVERNOR SAID "NO"???

Am I reading this right???

2 posted on 09/08/2005 6:09:55 AM PDT by SoFloFreeper
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To: George Smiley

No doubt. We'd have seen signs of Bu$Hitler everywhere with the resultant whining about the evil Republikkkans taking over.

The leftists represent the 20% of the Americans who will NEVER EVER be satisfied with WHATEVER is done. They are nothing but chronic whiners.


3 posted on 09/08/2005 6:10:31 AM PDT by highlymotivated (If American ever falls, a STINKING LIBERAL will be behind it.)
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To: George Smiley

But but but.... the feds weren't supposed to take charge! They were just supposed to send everyone, save everyone and fix everything in the first 72 hours.


4 posted on 09/08/2005 6:11:43 AM PDT by silverleaf (Fasten your seat belts- it's going to be a BUMPY ride.)
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To: George Smiley

Closer scrutiny reveals the lies surrounding Katrina evacuation and recovery

http://www.enterstageright.com/archive/articles/0905/0905evac.htm

By Linda Prussen-Razzano
web posted September 5, 2005

Having lived on Long Island for most of my life, I weathered only the most minor effects of hurricanes. Typically, their devastating strength drained along the coastline as they churned northwards. When I was a child, my father comforted me through Hurricane Belle; not by holding me and telling me everything would be alright, but by his activity in securing our house, his purchase of supplies and preparations, and his explanations of hurricanes and their threats.

While the storm whipped overhead, my piqued curiosity prompted me to ask about all different kinds of natural disasters. We passed the time discussing typhoons, tornadoes, earthquakes, and floods. I never thought I would use this information, but I did; twice.

At 19, my passenger and I found ourselves caught in the only flash flood in the history of Long Island. What started as a heavy rain became an overwhelming downpour within minutes. Not unlike the City of New Orleans, the patch of road on which I traveled was nestled in a natural funnel. In the space of minutes, we experienced more rain in that small bit of road alongside Eisenhower Park than all of Long Island had received in a year. With traffic surrounding me, I had not choice but to inch forward to the overpass that would take me to higher ground. Just moments before my car cleared the water now pouring in under my doors, the engine stalled, and my Monte Carlo sank back down the embankment, eventually to be completely submerged.

We had to wait until the water rose inside the car and the pressure stabilized before we could get out.

The gas pumps at the corner station began bubbling up, turning the water so black you couldn’t see your hand just two inches under the surface. An elderly man, trapped in his car, didn’t want to leave. Plodding through chest deep water, my passenger and I managed to get his door open and help him slog back to safety.

Everyone caught in that mess experienced a loss, but it is nothing compared to Katrina.

The second time I used my father’s sage advice came when I moved to Texas. In the bottom tip of the tornado belt, I knew what to do when the sky turned an ominous shade of green, the clouds started rotating above my head, and where to seek shelter to maximize my potential for living. It was in those few moments, when the doors and windows rattled and I imagined that my new house would be reduced to kindling around me, that all my priorities changed…forever.

The folks in Louisiana and Mississippi experienced wide scale devastation during Katrina. New Orleans, and other parts of the coast, experienced a second, even more devastating blow from the horrible flooding. One is bad enough, but both? It’s a catastrophe beyond comprehension, and our fellow Americans need our compassion, our generosity, and our understanding as they rebuild their entire lives.

We should be coming together, as we did after other catastrophic events in the last decade, to help and heal.

Sadly, that is not the case.

What I find astonishing is the almost immediate response from Bush Bashers to blame everything that happened, from the actual hurricane itself, to the anarchy that quickly erupted, on the President and his administration. When they do so, they not only distort the truth, they outright lie to the public, and they are doing so daily through any media venue that will give them the opportunity.

Lie #1: President Bush doesn’t care about the people of New Orleans.

This outrageous lie is thoroughly debunked by the fact that it was President Bush who pushed for a mandatory evacuation of New Orleans.(1) Governor Blanco issued only a voluntary evacuation order, but admitted that she received a call from the President on August 27, 2005, urging her to make it a mandatory one. He wanted as many people as possible out of the path of the storm.

So much for the President not caring.

Despite the fact that New Orlean’s own Emergency Response Guidelines call for a mandatory evacuation of the City if a strike by a Category 3 Hurricane is projected, with 72 hours advance notice to all residents, Mayor Nagin didn’t order a mandatory evaluation until Sunday. Further, he only did so after Max Maxfield, the National Hurricane Director, called Nagin at his home to plead that he empty the City. (2)

Why did Nagin wait so long? He was worried about the legalities. If people want to affix blame, perhaps they can look at lawyers.

How ironic, that The Drudge Report (3) and Free Republic (4) have pictures of dozens of New Orleans’ submerged and now useless school buses, buses that could have been used to transport residents out of the City prior to the storm, bring in supplies after the storm, and help evacuees escape the flooding. Meanwhile, Governor Blanco issued a request to the State of Louisiana to provide her with buses from local school districts.

According to a Washington Post report on Sunday, September 4, “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.”

Bush’s offer to have the federal government aid in the evacuation was rejected. (5)

Lie #2: The Bush Administration was slow in coordinating help.

Mike Brown, Under Secretary of the Department of Homeland Security for Emergency Response and Preparedness, received the order from President Bush on August 27, two full days before the storm hit the region, to prepare for Katrina disaster relief. (6) The President also declared the entire region under a State of Emergency, so that FEMA could coordinate efforts at the request of the Governors. (7) Under the Emergency Management Assistance Compact, the Federal Government and FEMA are not allowed to interfere with local operations unless they are authorized by state and local leaders.

Blanco did not authorize this until September 1, 2005.

Further, according to an Association Press report on August 30, “The federal government began rushing baby formula, communications equipment, generators, water and ice into hard-hit areas of Louisiana, Mississippi and Alabama, along with doctors, nurses and first-aid supplies. The U.S. Defense Department sent experts to help with search-and-rescue operations.” (8) FEMA was there and helping, in the capacity that was allowed by local officials, but could not swing into full gear until after Blanco gave them permission.

Lie #3: The Bush Administration did nothing to control the anarchy.

The local and state governments have control over law enforcement activities in their state, and such activities could only be coordinated through the federal government with their permission. It was not until terrible reports of rapes and violence, videos of looting, and reports of shoots being fired at rescue workers did Governor Blanco relinquish any claim of control on an out-of-control city.

An August 31, 2005 Fox News Report reveals, “The looting prompted authorities to send more than 70 additional officers and an armed personnel carrier into the city. One police officer was shot in the head by a looter but was expected to recover, authorities said. Blanco said she will ask President Bush for military troops to help keep looting under control.” (9) Almost immediately thereafter, FEMA, the military, and the Bush Administration began to restore order.

Further, on September 2, 2005, the Bush 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.” (10)

Lie #4: The Bush Administration did nothing to prevent the flooding.

Predictions of wide spread devastation have been known since Hurricane Camille in 1969. Despite these, it was local officials who reportedly appropriated funds designated for levee improvements towards such necessary purchases as a casino, hotel, and other projects.

Amazing, isn’t it?

From the carnage inside the Superdome, to the massacre of the truth on television, this is a sad time for all of America.

Just don’t forget who helped all this to happen….because despite what the media wants you to believe, it wasn’t President Bush.

Linda Prussen-Razzano is frequent contributor to Enter Stage Right and a number of other online magazines.

Footnotes:

1. Associated Press, “Mandatory Evacuation Ordered for New Orleans,” August 28, 2005, 10:48 a.m. CT.

2. Knight Ridder Newspapers, “National Hurricane Director had to call Nagin at home Saturday night to plead: "Get people out..." by Marc Caputo, David Ovalle, and Erika Bolstad, August 28, 2005

3. www.drudgereport.com

4. www.freerepublic.com

5. Washington Post, “Many Evacuated, but Thousands Still Waiting, White House Shifts Blame to State and Local Officials,” Manuel Roig-Franzia and Spencer Hsu, Washington Post Staff Writers, Sunday, September 4, 2005; Page A01

6. FEMA Press Release, “Emergency Aid Authorized For Katrina Emergency Response In LA” August 27, 2005

7. Associated Press, “Bush Declares Emergency in Louisiana,” August 27, 2005

8. Associated Press, “Federal Government sent emergency supplies to Louisiana as early as Tuesday,” August 30, 2005

9. Fox News.com, “It’s Not Safe In New Orleans,” August 31, 2005

10. Washington Post, Ibid


5 posted on 09/08/2005 6:12:31 AM PDT by conservativecorner
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To: George Smiley
President Bush could have "federalized" the National Guard in an instant. That's what his father, President George H.W. Bush, did after the Los Angeles riots in 1992....

Newsweek is mixing apples and oranges here. The riots in '92 were not like the flooding in New Orleans.

6 posted on 09/08/2005 6:12:54 AM PDT by SoFloFreeper
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To: highlymotivated

In the past thousands died overseas because of leftist hate, now thousands of Americans have died because of their hate.

The democrats have good reason to be desperate to blame somebody/anybody else.


7 posted on 09/08/2005 6:15:14 AM PDT by cripplecreek (If you must obey your party, may your chains rest lightly upon your shoulders.)
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To: SoFloFreeper

You are. Not only that, but the LA Dept. of Homeland Security refused entry into downtown NO by the Red Cross, thereby ensuring that the people in the Superdome and at the Conv. Cntr. NOT receive food and water.


8 posted on 09/08/2005 6:16:29 AM PDT by Roccus (Able Danger? What's an Able Danger?)
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To: George Smiley
The left wants to be in charge, whether they create a disaster or exacerbate it. It's a power thing.
9 posted on 09/08/2005 6:17:15 AM PDT by Enterprise (When Rats govern they screw up and people die. Then, the Rats want to punch the President.)
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To: George Smiley

Bingo. It almost seems like a trap was being set for Bush.

If he had federalized the troops, it seems to me they'd be calling for his impeachment about now.

That's why comparing this disaster to a terrorist attack is like comparing apples to oranges.

In a terrorist attack, the troops could automatically be Federalized.


10 posted on 09/08/2005 6:17:17 AM PDT by dawn53
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To: SoFloFreeper
Yep and the smell of burning rubber is Schumer, Clinton, Kennedy spinning on their We Demand a Katrina Commission heels.

Once again Bush was way ahead of these clowns.

11 posted on 09/08/2005 6:17:19 AM PDT by hflynn ( Soros wouldn't make any sense even if he spelled his name backwards)
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To: George Smiley
President Bush could have "federalized" the National Guard in an instant. That's what his father, President George H.W. Bush, did after the Los Angeles riots in 1992...

Did the Governor of California object to federalization of the Guard in that instance?

12 posted on 09/08/2005 6:17:21 AM PDT by Brilliant
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To: Roccus

Your tag line: Danger that is ready, willing, and ABLE.


13 posted on 09/08/2005 6:18:18 AM PDT by Galtoid
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To: Galtoid

With the final report of the 9/11 cOmmission due very shortly, methinks it is going down the memory hole.


14 posted on 09/08/2005 6:22:27 AM PDT by Roccus (Able Danger? What's an Able Danger?)
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To: George Smiley
"The Post quotes its state source as saying "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"

WTF?!?
Quite frankly, that's simply nonsensical.

15 posted on 09/08/2005 6:22:52 AM PDT by Condor51 (Leftists are moral and intellectual parasites - Standing Wolf)
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To: SoFloFreeper

I think this is Friday 9/2, well into the flooding disaster.


16 posted on 09/08/2005 6:23:10 AM PDT by Fido969 ("And ye shall know the truth, and the truth shall make you free" (John 8:32).)
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To: SoFloFreeper


Blanc-o needed 24 hours to get someone to explain to her exactly what the President was proposing, she has admitted this, she did not understand, it was too complex, she needed 24 hours to read through the information. H E L L O????? If the feds are willing to take over, to save lives, wtf is the problem???????


17 posted on 09/08/2005 6:23:22 AM PDT by rockabyebaby (I'm not afraid to say out loud what the rest of you are afraid to admit.)
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To: Roccus

Democrat Party = Obstructors-R-Us


18 posted on 09/08/2005 6:24:26 AM PDT by auboy (9 out of 10 boxes of rocks are smarter than Nancy Pelosi)
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To: George Smiley

Let me get this straight...

The DEMONCRAT govenor would NOT let W take over the operations in La.

The DEMONCRATS blame W for everything that happened in La.

Proof of cognitive dissonance. (sp?)

The DEMONCRATS have been running La. for over 60 years. It should have been the most perfect state in the union. Why do they have any problems at all? (Yeah, I know, its all because W is president.)


19 posted on 09/08/2005 6:24:35 AM PDT by CPOSharky (The more I'm around people the better I like my dogs.)
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To: George Smiley

My suspicion is the RATS planned to stall and fake around to set up a big blame-Bush scenerio. They were totally willing to sacrifice the lives of thosands for political gain. Pure pre-meditated murder, way I look at it. All for 2008. The dumbasses forgot that Bush can't run again. Is it all for Hillary? Then she is part of the crime. A co-conspirator. Has to be one of the most shameful displays in our history. The MSM is in it up to their necks also.


20 posted on 09/08/2005 6:27:31 AM PDT by Waco
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