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Legal Expert-Blanco was legally in charge of Disaster Relief
Fox News | Sat 9-10-05 | ME

Posted on 09/10/2005 6:27:25 AM PDT by MNJohnnie

Just watched a legal expert on Fox go thru the disaster event by event. Based on the Law Gov Blanco is legally liable. If lawsuits are filed, there is no way she can duck it. In addition, when Bush went went down there, he offered her immediate deployment of Reg Army troops, she told both him and Nagel that she "needed 24 hours" to decide. This is DC politics. As everyone from Bush to Clinton to Carter learned, Washington Politics are a whole lot tougher then local politics. Blanco is toast. EVEN if the National Dems get the "Independent Commission" there is no way to rescue her based on the Law. I suspect that is why Mayor Nagel has been so quiet. He found out last Fri just who was holding the knife in his back, and it wasn't Bush


TOPICS: Your Opinion/Questions
KEYWORDS: blanco; chainofcommand; hurricane; investigation; katrina; katrinafacts; neworleans
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To: WHBates
"I didn't misquote you, I cut that quote from from your post and don't accuse me of doing it."

Please cite my post # and if your assertion is true, my my profound apology will be forthcoming.

241 posted on 09/10/2005 11:16:17 AM PDT by infocats
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To: jackbill
And why would they write an emergency evacuation plan and then totally ignore it? You expect me to explain the "logic" of that criminal bunch in LA?

They are Democrats.

242 posted on 09/10/2005 11:24:00 AM PDT by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
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To: infocats
In your post 213 (this thread) you wrote the following:

"Additionally, FEMA had the authority to partner with the Army Corps of Engineers to rebuild the levees to withstand a category 5 hurricane. This is not a new problem...and has been studied and restudied for decades."

If you have proof of such authority I'm asking you to prove it.
243 posted on 09/10/2005 11:25:00 AM PDT by WHBates
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To: infocats
, and recover from a broad range of emergencies. (4) Testing of Federal, State, and local emergency preparedness and..

To be intellectually honest you should change your name to propagandacats since your are long on propaganda, pretty much blank of any facts.

As I pointed out to you. Just reposting snippets of the law and claiming they verify your feelings is intellectually dishonest. Stating your OPINONS as facts is a typical logical fallacy you Left Wing Propagandists fall into. Everything you have said to this point in this thread is YOUR OPINON. Since your opinions has no demonstrable experience or training to back it up, it is totally void as substantive proof. Still waiting for answer to my questions.

Why are you so eager to ignore the complete failure of the 1st Responders (City of NO) and the 2nd Responders (State of LA)meet their BASIC obligations under the Disaster Plan to make your highly opinionated, unqualified accusations against FEMA?

Are you AWARE, that FEMA operations in NO were suspended on Wed Aug 31st because the City of NO had completely lost control and FEMA assets were being shot at?

Are you aware that in response to FEMA's action the Gov of Louisiana BLANCO FINALLY sent a MERE 300 Armed NG troops to restore order on THURSDAY Sept 1st?

Are you aware FEMA has NO law Enforcement capabilities and MUST rely on State and Local resources for law and order?

Finally, despite joint disaster planning and billions of DHS money given the State of Louisiana and the City of NO to prepare for JUST this disaster, why did the 1st and 2nd Responders so complete FAIL to meet any of their requirements under the plan? Just what DID the Federal Taxpayer get for all that DHS money given to the locals since 9-11?

244 posted on 09/10/2005 11:25:32 AM PDT by MNJohnnie (Professional Journalism- the Buggy Whip makers of the 21st century)
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To: infocats
Additionally, FEMA had the authority to partner with the Army Corps of Engineers to rebuild the levees to withstand a category 5 hurricane. This is not a new problem...and has been studied and restudied for decades." If you have proof of such authority I'm asking you to prove it.

Me too.

245 posted on 09/10/2005 11:26:23 AM PDT by MNJohnnie (Professional Journalism- the Buggy Whip makers of the 21st century)
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To: infocats
"In December of 1995, the Orleans Levee Board, the local government entity that oversees the levees and floodgates designed to protect New Orleans and the surrounding areas from rising waters, bragged in a supplement to the Times-Picayune newspaper about federal money received to protect the region from hurricanes.

"In the past four years, the Orleans Levee Board has built up its arsenal. The additional defenses are so critical that Levee Commissioners marched into Congress and brought back almost $60 million to help pay for protection," the pamphlet declared. "The most ambitious flood-fighting plan in generations was drafted. An unprecedented $140 million building campaign launched 41 projects."

The levee board promised Times-Picayune readers that the "few manageable gaps" in the walls protecting the city from Mother Nature's waters "will be sealed within four years (1999) completing our circle of protection."

But less than a year later, that same levee board was denied the authority to refinance its debts. Legislative Auditor Dan Kyle "repeatedly faulted the Levee Board for the way it awards contracts, spends money and ignores public bid laws," according to the Times-Picayune. The newspaper quoted Kyle as saying that the board was near bankruptcy and should not be allowed to refinance any bonds, or issue new ones, until it submitted an acceptable plan to achieve solvency.

Blocked from financing the local portion of the flood fighting efforts, the levee board was unable to spend the federal matching funds that had been designated for the project."

http://www.cnsnews.com/ViewNation.asp?Page=%5CNation%5Carchive%5C200509%5CNAT20050907a.html
246 posted on 09/10/2005 11:27:37 AM PDT by 1035rep
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To: infocats
"Developing mitigation policies and strategies ..."

They did that. The policy and strategy for evacuation was in place. The mayor ignored it. All the 'policies and strategies' in the world won't feed anyone if they are ignored. I still don't see anything in there where FEMA is supposed to do anything before the fact other than help the locals develop plans and push paperwork. I don't see any actions specified.

247 posted on 09/10/2005 11:29:30 AM PDT by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
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To: infocats

By 1998, Louisiana's state government had a $2 billion construction budget, but less than one tenth of one percent of that -- $1.98 million -- was dedicated to levee improvements in the New Orleans area. State appropriators were able to find $22 million that year to renovate a new home for the Louisiana Supreme Court and $35 million for one phase of an expansion to the New Orleans convention center.

The following year, the state legislature did appropriate $49.5 million for levee improvements, but the proposed spending had to be allocated by the State Bond Commission before the projects could receive financing. The commission placed the levee improvements in the "Priority 5" category, among the projects least likely to receive full or immediate funding.


248 posted on 09/10/2005 11:32:34 AM PDT by 1035rep
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To: sgtyork
"However, an Act of Congress (law) is a higher authority than a Federal Regulation (CFR) which is the executive branch's implementation of the law."

I thought that the CFR's were just the recorded and printed version of the various Acts of Congress ref.

The fed often exercises extraordinary authority in spite of constitutional prohibitions; noble document that it is, it really doesn't address (nor should it) the complexities and sheer size of America as we know it today. For example (and mind you...this has nothing to do with a declared national state of emergency), the fed can go in and close down you municipal water supply for not meeting E.P.A. standards, close down your school for not meeting A.D.A. standards, or seize property by various D.E.A. task forces, for illegal drug use, distribution, or sales.

It defies common sense that the fed wouldn't have at least as much authority under a state of declared national emergency that they already routinely exercise under far less draconian circumstances.

249 posted on 09/10/2005 11:32:54 AM PDT by infocats
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To: SunnySide

;)

Got cha!!!

;)


250 posted on 09/10/2005 11:39:06 AM PDT by nmh (Intelligent people recognize Intelligent Design (God).)
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To: MNJohnnie
"To be intellectually honest you should change your name to propagandacats since your are long on propaganda, pretty much blank of any facts.

As I pointed out to you. Just reposting snippets of the law and claiming they verify your feelings is intellectually dishonest. Stating your OPINONS as facts is a typical logical fallacy you Left Wing Propagandists fall into."

And you sir, are an apologist and enabler of mediocrity, when you should be demanding excellence from your tax dollar paid for employees.

I can't force you to either read the pertinent laws, nor can I force you to comprehend what is written in rather plain english. And of course, your assumption, certainly insupportable by the facts, that I am a left wing propogandist is as flawed as your understanding of how the government works (or in this case...fails to work).

251 posted on 09/10/2005 11:40:17 AM PDT by infocats
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To: Dad yer funny

Don't forget ... she's a victim too!

;)

So she has her passport and may even fly out of here - first class at taxpayer expense because it was so dreadful for HER.


252 posted on 09/10/2005 11:40:21 AM PDT by nmh (Intelligent people recognize Intelligent Design (God).)
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To: gitmo
"t is strictly forbidden to use Federal Troops as law enforcement within the country."

That is a misunderstanding not supported by the Constitution, which says:

Section 4.

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

Note the last three words. What is prohibited is using federal troops as ongoing law enforcement after the situation of Domestic Violence has been remedied.
253 posted on 09/10/2005 11:42:23 AM PDT by aspiring.hillbilly (!...The Confederate States of America rises again...!)
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To: infocats

1. Your referenced hyperlink is to the USC not the CFR.
2. CFR is for Agency rules (see below)
2. Why do you suppose they call it a regulation (CFR) rather than law (CFL)?
3. FEMA's website refers to Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Public Law 106-390, October 30, 2000 not CFR
4. EPA, ADA are covered by other laws with different authorizations - the Stafford act was probably written specfically with the danger of Federal dictatorship and the domestic violence clause in mind.

http://www.llsdc.org/sourcebook/fed-reg-cfr.htm#H-CFR

Historical Development of the Federal Register

In earlier times U.S. Executive branch agencies and the Office of the President would each publish their own regulations in various separate publications, be they gazettes, bulletins, rulings, digests, pamphlets, notices, codes, certificates, orders, and the like. This profusion of authoritative documents, especially as agency regulations began to mushroom in the 1930's, made it extremely difficult for the public to determine where a U.S. regulation could be found, when it was issued and whether it had been altered or revoked.1 The U.S. Department of Justice itself had a difficult time determining the status of regulations as became embarrassingly apparent when the Department had to acknowledge before the Supreme Court that an Executive order it was trying to enforce had been inadvertently revoked.2 To remedy this situation Congress, in 1935, passed the Federal Register Act, which empowered the Archivist of the United States to establish a division within the National Archives to be responsible, with the Government Printing Office, for the publication of a daily Federal Register under the authority of a newly established Administrative Committee of the Federal Register.3

The Federal Register Act requires that the Federal Register, begun on March 14, 1936, be the Federal government's comprehensive vehicle for publishing all agency promulgated rules and regulations as well as all Presidential proclamations and executive orders or other such documents that the President determines has general applicability and legal effect or as may be required by Act of Congress. Other documents, such as notices of meetings, agency collection activities, applications, and policy statements may be included as well.


254 posted on 09/10/2005 11:56:44 AM PDT by sgtyork
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To: aspiring.hillbilly

You must be a liberal. You add three words to the constitution to make your point. Sorry, doesn't work that way.


255 posted on 09/10/2005 11:58:15 AM PDT by sgtyork
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To: infocats; sgtyork
I thought that the CFR's were just the recorded and printed version of the various Acts of Congress

As sgtyork pointed out, the Stafford Act is what governs federal action in relationship to the states after a disaster has been declared.

It defies common sense that the fed wouldn't have at least as much authority under a state of declared national emergency that they already routinely exercise under far less draconian circumstances.

A federal declaration of natural disaster makes federal resources available to a state's governing authority. Have you checked to see what Blanco requested under the Stafford Act?

256 posted on 09/10/2005 12:00:37 PM PDT by GoLightly
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To: FreedomCalls
"They did that. The policy and strategy for evacuation was in place. The mayor ignored it. All the 'policies and strategies' in the world won't feed anyone if they are ignored. I still don't see anything in there where FEMA is supposed to do anything before the fact other than help the locals develop plans and push paperwork. I don't see any actions specified."

I believe their obligation to act proactively to be implied in CFR TITLE 44 rather than specified. For example, minimizing loss of life and property with the least cost to society strongly suggests closing the barn door before the horse escapes...or erecting the stop sign before a child gets killed.

2.42 Preparedness, Training and Exercises Direcorate

(a) Mission – The Preparedness, Training, and Exercises Directorate supports emergency preparedness, training and exercises capability of Federal, State, and local governments.

(b)Functions – The principal functions of the Preparedness, Training, and Exercises Directorate are:

(1)Management of programs to establish, maintain, and enhance the capabilities of Federal, State, and local governments to prepare for, respond to, recover from a broad range of emergencies…….

(2)Management of comprehensive cooperative agreements with the States, through which agreements the above programs are implemented in the regions.

(3)Training of Federal, State, and local government employees to prepare for, respond to, and recover from a broad range of emergencies.

(4)Testing of Federal, State, and local emergency preparedness and...

Management, implementation, training, and ongoing [mine] testing are strongly suggestive of an active, rather than a passive role, in local disaster mitigation.

257 posted on 09/10/2005 12:00:54 PM PDT by infocats
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To: aspiring.hillbilly

Now read words 27-32 which says that the state must request assistance for domestic violence. I think you are becoming quite successful in the hillbilly business.


258 posted on 09/10/2005 12:02:37 PM PDT by sgtyork
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To: sgtyork

This is the whole text of ARTICLE 4

Section 1.

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records, and Proceedings shall be proved, and the Effect thereof.



Section 2.

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

No person held to Service or Labor in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labor, But shall be delivered up on Claim of the Party to whom such Service or Labor may be due.



Section 3.

New States may be admitted by the Congress into this Union; but no new States shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

Section 4.

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

Nothing added nothing taken away....LOOK it UP!!!

(for the record I roast liberals on a spit and feed them to my hounds to hasten their trip back to hell where they all belong!))


259 posted on 09/10/2005 12:05:00 PM PDT by aspiring.hillbilly (!...The Confederate States of America rises again...!)
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To: MNJohnnie

bttt


260 posted on 09/10/2005 12:05:55 PM PDT by shield (The Greatest Scientific Discoveries of the Century Reveal God!!!! by Dr. H. Ross, Astrophysicist)
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