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

[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.

[George Smiley]

Can you imagine any other state where a gubernatorial candidate had bumper stickers that essentially said "Vote for me - I'm the crook" AND HE WON?

(Edwards v. Duke, BTW)

[hflynn]

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

According to Major General James D. Delk the Military Field Commander during the Los Angeles riots prior to federalization of the troops, now retired from the California National Guard, Governor Wilson (with Mayor Bradley) called for federalization of the counter-riot effort without consulting with the Guard commanders on the scene.

Bush waited for the local authorities to do their job and make a request to the federal government. It looks as thought a black Mayor froze and a white Governor had to act.

[Peach]

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.

That's an excellent point that should be made on a lot more threads.

The left is complaining the reaction of the feds was slow and what would we ever do in a terrorist attack. Much hand wringing. If they'd only read your post, they would have one less thing to worry about. LOL

[G.Mason]

"The left wants to be in charge, whether they create a disaster or exacerbate it. It's a power thing."

I can fully understand this phenomena.

My five chlidren went through this stage and now my grandchildren are going through it.

Unlike the Democrats, my children grew up, as will my grandchildren.

Build their gallows high

[Brilliant]

If Wilson called for federalization, then it's a completely different situation.

[Wolverine]

Indict Mayor Nagin now for multiple counts of murder of nursing home patients who were abandoned by the city.

 

Indict Governor Blanco now for multiple counts of stupidity for failure to be decisive, relieve her immediately.

[Wristpin]

I've seen a couple of times, that by keeping the Louisiana Guard under state control they only recieve $30 a day pay instead of the much higher normal active duty pay?

Is it true? Is she screwing these guys over? Many of these guys sustained losses and are working 18 hour days which equates to slave wages. With the $Billions flowing this is wrong.


Meanwhile the Cops in NO are getting free vacations to Vegas.

[Wuli]

There is an additional piece we should try to add to this, that can be found in a Fox Cable TV interview last nite with a military commander - I am not sure of his exact position. I caught a peice of it as it was replayed on a radio show.

In the questioning from either Brit Hume or Tony Snow, this commander was relating how, with the unfolding scene outside the Superdome and the convention center as backgroung - he, the commander, Fema and the Red cross had food, medicine and personnel waiting for orders to head to the Superdome and the convention center, and the Governor wouldn't let them in. Her rationale was that if the military and the red cross when to those people's aid (to save them from dieing of thirst) then people would get the idea that they could stay in the area and wouldn't leave.

It demonstrated the amazing contrast between what was being done and said, officially, and what was the world's and the media's perception of who was not getting help to those people. And, did/does the Govenor of Louisiana have the integrity to stand up and tell the truth, and dispel the lie she knows the media has presented? No. She even publicly, on ABC GMA, blamed Bush budget for the levee failures. She is one souless, trecherous Dim.

[oldbrowser]

But after Katrina, a strange paralysis set in. For days, Bush's top advisers argued over legal niceties about who was in charge,

The Dems keep talking about the strange paralysis every time there is a crisis. An organization the size of the federal government takes time to mobilize. Jurisdictional issues have to be resolved. Only people such as reporters who have no management experience could fail to appreciate the logistics involved.

[kabar]

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,"

I don't understand that statement. If the Feds had taken over complete control from the state and city, how could everything then have been blamed on the locals? Am I missing something?

[longtermmemmory]

yes

[hflynn]

If Wilson called for federalization, then it's a completely different situation.

Of course it is but the biggest difference was Wilson was a Republican and Blanco is a politically incorrect Dimwit.

[meyer]

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

Exactly - Use of the Insurrection Act requires insurrection, not flooding.

[meyer]

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.

I agree - they're acting just like their heros, Stalin and Mao. Collateral damage to the party in its war to advance socialism.

[LOC1]

The Houston Chronicle has an excellent article outlining the failures of Local New Orlan's and Louisiana politicians during Hurricane Katrina. It even includes a picture of the unused buses. You may find the article here: http://www.chron.com/cs/CDA/ssistory.mpl/special/05/katrina/3344347

[highlymotivated]

Meanwhile the Cops in NO are getting free vacations to Vegas.

Hey! LOOTING a Walmart is HARD WORK! Those aisles are widely spaces and there is a lot of stuff to paw over.

[Ditto]

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.

I find those who engage in this sort of thing to be no different than the looters we saw on the streets of New Orleans.

The looters are criminals who take advantage of disasters to enrich themselves with no care or conscience over the additional suffering they cause. They are a selfish and cynical lot and no decent person should offer them any respect.

Political parasites also take advantage of disasters to further their petty careers or special interest agendas with no respect for truth and no conscience over the harm their lies and distortions create. They are in fact political looters and the most distrubing thing I see in our national body politic, is that these opportunists are not condemned, shunned and ostracized by their peers and the media.

[NonValueAdded]

I do so wish they would specify the date now that more than one Friday is involved. Please note this critical sentence: "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". Since Witt was hired on Saturday, Sept 3rd, the "takeover" would have occurred on Friday, Sept. 2 and therefore was NOT BEFORE THE STORM but rather after several days of botched work by the Governor. This solidifies the fact that LA authorities and not Federal authorities were in charge of the several days of death and mayhem. Otherwise, what would GWB be trying to take away from Blank-o?

[NonValueAdded]

And here is a key unanswered question ... if Blank-o hired Witt on 9/3, who was filling that position before 9/3 during the storm and the first few days of the aftermath? Was the position vacant or was there an unnamed flunky being protected?

[syriacus]

Meanwhile the Cops in NO are getting free vacations to Vegas.

I think the mayor is sending cops to Las Vegas to do one of the following things.

• Help develop a semi-plausible story about the way the city and its cops "helped" the mayor's low income constituents.
• Dump some evidence regarding Nagin's behavior in office.
• Spend some money, but not as much as will be debitted in the mayor's accounting books. His books will balance a little better if he says this trip costs much more that it really does.

Which one of Nagin's henchmen will be accompanying the "vacationing" cops to help them "remember" Katrina correctly?