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To: GoLightly
LA had & has a standing government & because of it they maintain full jurisdiction over any and all federal action within their territory. It wasn't just in the name of "bipartisanship".

Except when the Governor declares a state of emergency, and specifically asks for the Feds to take over. Unfortunately for the LA governor, there is a paper trail. On Aug. 27th, she specifically did just:

http://www.gov.state.la.us/Press_Release_detail.asp?id=976

And Bush in turned authorized DHS and FEMA to take over:

http://www.whitehouse.gov/news/releases/2005/08/20050827-1.html

At this point, the LA governor had jurisdiction only over state police and LA NG. Apparently there was some flap over whether she would let the Feds take over the LA NG (which I didn't quite understand), but that had no effect on all other NG units, Army, Navy, Marine, etc. She had no authority to halt any of their activities, and if she attempted to do so, she is in big trouble and should be prosecuted.

125 posted on 09/08/2005 3:14:17 PM PDT by podkane
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To: podkane
Except when the Governor declares a state of emergency, and specifically asks for the Feds to take over.

She never asked the Feds to "take over", never! LA statues spell out the powers given to the Governor after the Governor declares a state of emergency for the state. Start here:

http://www.legis.state.la.us/lss/lss.asp?doc=85667

BTW, there was more to Blanco's request than was shown in the press release you posted & it was a request for federal funds to be used by her state's agencies. See the rest of "Enclosure A":

ENCLOSURE A TO EMERGENCY REQUEST

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

Unfortunately for the LA governor, there is a paper trail. On Aug. 27th, she specifically did just:

Unfortuately for the LA Governor, she screwed the pooch & she screwed it big time & it cost people their lives.

And Bush in turned authorized DHS and FEMA to take over:

You are seeing things that are not there. See The Stafford Act, section 501(a)

§ 5191. PROCEDURE FOR DECLARATION {Sec. 501}

Request and declaration

All requests for a declaration by the President that an emergency exists shall be made by the Governor of the affected State. Such a request shall be based on a finding that the situation is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. As a part of such request, and as a prerequisite to emergency assistance under this Act, the Governor shall take appropriate action under State law and direct execution of the State's emergency plan. The Governor shall furnish information describing the State and local efforts and resources which have been or will be used to alleviate the emergency, and will define the type and extent of Federal aid required. Based upon such Governor's request, the President may declare that an emergency exists.

The National Response Plan (NRP) fully mobilizes the resources of the entire federal government to support response and recovery efforts for state and local authorities - particularly in the event of a catastrophic incident. Secretary Chertoff has declared the devastation caused by Hurricane Katrina an incident of national significance - the first-ever use of this designation.

http://www.whitehouse.gov/news/releases/2005/08/20050831-4.html

Watch for Blanco's requests supplementing her initial request, because the amount of aide ($$$) she requests for things like removal of debris will be on it.

139 posted on 09/08/2005 5:07:59 PM PDT by GoLightly
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