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*** SUMMARY AND ZOT OF STAFFORD DISASTER RELIEF ACT ***
9/08/05 | Michael

Posted on 09/08/2005 2:06:12 AM PDT by knowyouremeny

I just got done reading the entire Stafford Act, as well as other laws. Here's the skinny:

Bush never needed Governor Blanco's nor Mayor Nagin's consent to do [b]ANYTHING[/b] in New Orleans.

Posse Comitatus Act of 1878: Basically says that the Army, Navy, Air Force, etc. cannot be used to police a city "except in such cases and under such circumstances as such employment of said force may be expressly authorized by the Constitution or by act of Congress"

As it's been explained to me, the NG operates under the Governor's control if they're used domestically, unless they're federalized (however that happens... perhaps Governor consent or an act of Congress), so basically, none of this means much except Bush can't control them without them being federalized. However, I have no clue how Kennedy got away with doing it at Univ of Albama, against the governors wishes, in 1963.

****************************************** IMPORTANT STUFF STARTS HERE ******************************************

I start reading the Stafford Act... and it's got quite a bit of useful info in it... and then the end completely removes all doubt about who has authority over the NG, whether or not Army/Navy can move in without local & state consent, etc. ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT: http://www.ohioema.org/robertt.htm

*** IMPORTANCE: MEDIOCRE *** "WAIVER OF ADMINISTRATIVE CONDITIONS

Sec. 301. Any Federal agency charged with the administration of a Federal assistance program may, if so requested by the applicant State or [b]local authorities[/b], modify or waive, for a major disaster, such administrative conditions for assistance as would otherwise prevent the giving of assistance under such programs if the inability to meet such conditions is a result of a major disaster."

Nagin asked for martial law, troops, & other goverment assistance... I believe about 24 hours after Katrina hit. MP3 of Nagin here: http://www.atypical.net/mm/nagin.mp3 (Skip the first 30 seconds) Want more proof? Contact me. CNN & other sources have transcripts of interview. ------------------------------------------------------------------------

*** IMPORTANCE: MEDIOCRE *** "Sec. 403. (a) In General. Federal agencies may on the direction of the President, provide assistance essential to [b]meeting immediate threats to life and property resulting from a major disaster[/b] , as follows:

[b](I) reduction of immediate threats to life, property, and public health and safety[/b]."

Bush can bypass gaining state & local consent to render aid that would meet criterion (I). ------------------------------------------------------------------------

*** IMPORTANCE: MEDIOCRE *** "EMERGENCY PUBLIC TRANSPORTATION Sec. 419. The President is authorized to provide temporary public transportation service in an area affected by a major disaster to meet emergency needs and to provide transportation to governmental offices, supply centers, stores, post offices, schools, major employment centers, and such other places as may be necessary in order to enable the community to resume its normal pattern of life as soon as possible. "

Bush had the authority to use any means necessary to evacuate those who wished to leave. -------------------------------

****************************************** ******** IMPORTANCE: HIGH ******* ****************************************** "In any [state of] emergency, the President may -

(1) direct any Federal agency, with or without reimbursement, to utilize its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical and advisory services) in support of State and local emergency assistance efforts to [b]save lives, protect property and public health and safety, and lessen or avert the threat of a catastrophe [/b];

(2) coordinate all disaster relief assistance (including voluntary assistance) provided by Federal agencies, private organizations, [b]and State and local governments[/b];"

1::: In order to "save lives, preserve public health and safety, and lessen or avert the threat of a catastrophe", the President may use any federal agencies to assist local and state relief efforts.

2::: The President can assume control of all federal, state, local, and private agencies. ------------------------------------------------------------------------ ------------------------------------------------------------------------ ------------------------------------------------------------------------

All of this is assuming that the state is under in a state of emergency, which it was... governor declared state of emergency on 26th... bush declared LA federal state of emergency on the 27th. (See: http://www.thinkprogress.org/katrina-timeline )


TOPICS: News/Current Events
KEYWORDS: 1dumbtroll; blanco; blastedtroll; bush; cary; damnedtroll; dhs; emenymine; fema; growingupzotti; idiot; katrina; kittiechow; knowyouremeny; lema; nagin; neworleans; zot; zotmeintonextweek; zotmelongandhard; zotmesohardithurts; zotsfortots
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1 posted on 09/08/2005 2:06:14 AM PDT by knowyouremeny
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To: knowyouremeny
Amateurs should not mess around with constitutional and federal law. You could hurt yourself, or others. Both the law and the Constitution required the first action by Louisiana and New Orleans. Any conclusion you reach to the contrary is a matter of simple confusion.

Congressman Billybob

Latest column: "The Constitution is Finished: Not the US One, the Atlanta One"

2 posted on 09/08/2005 2:13:30 AM PDT by Congressman Billybob (Mayor Nagin is personally responsible for 6 times the American deaths as the Iraq War.)
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To: knowyouremeny

It's Bush's fault./sarcasm


3 posted on 09/08/2005 2:13:52 AM PDT by MEG33 (GOD BLESS OUR ARMED FORCES)
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To: knowyouremeny

Cherry picking your data will get you no where on FreeRepublic except out the door. Do I smell Ozone????


4 posted on 09/08/2005 2:15:44 AM PDT by Swordmaker (Beware of Geeks bearing GIFs.)
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To: knowyouremeny

5 posted on 09/08/2005 2:16:04 AM PDT by tiredoflaundry (If you can make one person smile each day,You have had a good day!)
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To: knowyouremeny

See you signed up today. Welcome to Free Republic. I'm afraid your stay will be short though. Nice attempt at trolling. Bye!!


6 posted on 09/08/2005 2:17:24 AM PDT by kb2614 ("Speaking Truth to Power" - What idiots say when they want to sound profound!!)
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To: knowyouremeny

googling "knowyouremeny" reveals a pretty sick poster

maybe you should have chosen "know your enema"


7 posted on 09/08/2005 2:18:30 AM PDT by OwenKellogg
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To: knowyouremeny

and your credentials as a constituional lawyer are?

Lets get real after an all nighter reading federal authority law... I think that you should leave the details of this to the lawyers....

Lets face it the Governer of Lousiana screwed up and bad... and she still is with this stupid power play with the mayor of NO.


8 posted on 09/08/2005 2:19:40 AM PDT by Americanwolf (Next one the food Network... Emril live from New Orleans...Mule stew & BBQ.. Mule the other red meat)
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To: knowyouremeny

btw ibfz


9 posted on 09/08/2005 2:20:09 AM PDT by Americanwolf (Next one the food Network... Emril live from New Orleans...Mule stew & BBQ.. Mule the other red meat)
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To: OwenKellogg

Bwhahahahaha!!! He can't even spell his own name right!!!! How does he expect anyone to believe him if he can't get his own name right? LOLOL!!!!!


10 posted on 09/08/2005 2:22:03 AM PDT by Lemondropkid31
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To: knowyouremeny

But what is your opionion of what went on?

we know you can site documentation... how about your own interjection instead of DNC talking points?


11 posted on 09/08/2005 2:22:08 AM PDT by Americanwolf (Next one the food Network... Emril live from New Orleans...Mule stew & BBQ.. Mule the other red meat)
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To: Lemondropkid31

a typical twit and run poster


12 posted on 09/08/2005 2:22:52 AM PDT by Americanwolf (Next one the food Network... Emril live from New Orleans...Mule stew & BBQ.. Mule the other red meat)
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To: knowyouremeny
So sad. I work with this area (I am actually June Cleaver's husband using her login). You are wrong. The President cannot just do the things you say without State approvals/requests. His lawyers even looked for loopholes all last week and could not find them. Do you really believe he would take all this political beating by you and others if he could have simply gone in and taken over? My goodness, Congressman BillyBob is right...this area of law is too complicated for rank amateurs.
13 posted on 09/08/2005 2:23:02 AM PDT by June Cleaver (in here, Ward . . .)
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To: knowyouremeny

there was quite a discussion on just these points on one of the later "live" Katrina threads. those on opposing sides finally "agreed to disagree" on the interpretation of what you're discussing.

I'm sure we'll hear much about the points you're discussing later on, IIRC one of the intepretations was that what was written allowed requests to be made/honored in a more informal way than going through the usual paperwork blizzard. But that it did not supercede other law like Posse Comitatus. Others disagreed and assumed the position you're taking now.

Much lawyer time will probably be spent either confusing or trying to clairfy to the public.


14 posted on 09/08/2005 2:24:25 AM PDT by not_apathetic_anymore
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To: June Cleaver; knowyouremeny

see told you you should leave it to the professionals.


15 posted on 09/08/2005 2:24:29 AM PDT by Americanwolf (Next one the food Network... Emril live from New Orleans...Mule stew & BBQ.. Mule the other red meat)
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To: knowyouremeny

It seems to me this is another Far Left "Gotcha Moment" that has failed.


16 posted on 09/08/2005 2:26:32 AM PDT by tiredoflaundry (If you can make one person smile each day,You have had a good day!)
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To: knowyouremeny

Nice try, but no cigar...


17 posted on 09/08/2005 2:27:08 AM PDT by WKUHilltopper
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To: knowyouremeny
Did you read this at all?

§ 5141. WAIVER OF ADMINISTRATIVE CONDITIONS {Sec. 301}

Any Federal agency charged with the administration of a Federal assistance program may, if so requested by the applicant State or local authorities, modify or waive, for a major disaster, such administrative conditions for assistance as would otherwise prevent the giving of assistance under such programs if the inability to meet such conditions is a result of the major disaster.

The governer did not permit such assistance to take place until September 1st. Look at her website.

But oh! Silly me, it's BUSH'S FAULT!

***

Waving her magic wand, the fairy godmother asked George; "What is your greatest wish?"

"I want everything to be BUSH'S FAULT!"

But the fairy godmother's magic wasn't strong enough for this wish. All she could manage was a short pod on CNN, that only 5 DUmmies were watching. To make matters worse, most of the commentary was in words with two or more syllables and only 1 out of 5 DUmmies watching could understand the content.

The END!


18 posted on 09/08/2005 2:27:42 AM PDT by Caipirabob (Democrats.. Socialists..Commies..Traitors...Who can tell the difference?)
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To: Congressman Billybob

knowyouremeny
Since Sep 8, 2005


19 posted on 09/08/2005 2:28:15 AM PDT by bmwcyle (We broke Pink's Code and found a terrorist message)
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To: Caipirabob

We have a troll. Bring in the cats.


20 posted on 09/08/2005 2:29:23 AM PDT by bmwcyle (We broke Pink's Code and found a terrorist message)
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To: knowyouremeny

come on plenty of valid challenges here to your statements come out and defend yourself instead of lurking.


21 posted on 09/08/2005 2:29:34 AM PDT by Americanwolf (Democrats... Politicizing your tragedy for the benifit of all /sarcasm off (Dems are sickos!))
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To: knowyouremeny

You signed up today to tell us this? Your misinformed take actually? Begone idiot!


22 posted on 09/08/2005 2:29:56 AM PDT by dennisw (***)
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To: bmwcyle

RKBA/vk present.... :) been trying to bait the sucker out.... I think he is a runner! :)


23 posted on 09/08/2005 2:30:47 AM PDT by Americanwolf (Democrats... Politicizing your tragedy for the benifit of all /sarcasm off (Dems are sickos!))
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To: Caipirabob

"Did you read this at all?"

Of course they didn't. It benefits them not to read it. They only are interested in fiction, not fact.


24 posted on 09/08/2005 2:30:51 AM PDT by WKUHilltopper
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To: knowyouremeny

knowyouremeny

silent since 09/08/2005 4:06:12 AM CDT


25 posted on 09/08/2005 2:31:20 AM PDT by OwenKellogg
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To: knowyouremeny
Did you perhaps overlook or deliberately omit the following section?

TITLE IV - MAJOR DISASTER ASSISTANCE PROGRAMS PROCEDURE FOR DECLARATION

Sec. 401. All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State. Such a request shall be based on a finding that the disaster 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 part of such request, and as a prerequisite to major disaster assistance under this Act, the Governor shall take appropriate response action under State law and direct execution of the State's emergency plan. The Governor shall furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the results of the disaster, and shall certify that, for the current disaster, State and local government obligations and expenditures (of which State commitments must be a significant proportion) will comply with all applicable cost-sharing requirements of this Act. Based on the request of a Governor under this section, the President may declare under this Act that a major disaster or emergency exists.

Looks pretty straight forward to me...

"All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State."

26 posted on 09/08/2005 2:31:33 AM PDT by Swordmaker (Beware of Geeks bearing GIFs.)
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To: kb2614

Gee, you gotta get up pretty early to be that stupid. Some days it just don't pay to get up at all.


27 posted on 09/08/2005 2:32:05 AM PDT by Past Your Eyes (Some people are too stupid to be ashamed.)
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To: knowyouremeny

admire your intentions but it is more than just the stafford act. ask some of the emergency folks. you also have to look a the national response plan, agreements, state/local plans and MOUs. its not that simple.


28 posted on 09/08/2005 2:32:30 AM PDT by applpie
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To: knowyouremeny

IBTZ? Finally?


29 posted on 09/08/2005 2:33:00 AM PDT by luigi
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To: luigi

nah I got it about 20 posts ago.


30 posted on 09/08/2005 2:34:17 AM PDT by Americanwolf (Democrats... Politicizing your tragedy for the benifit of all /sarcasm off (Dems are sickos!))
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To: Swordmaker

bttt


31 posted on 09/08/2005 2:34:41 AM PDT by nopardons
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To: knowyouremeny

In before the zot!


32 posted on 09/08/2005 2:35:34 AM PDT by Fresh Wind
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To: Congressman Billybob

You really need to give him (her) a break. He stayed at a Holiday Inn Express last night.

OH, wait, that was a Motel 6. Nevermind.


33 posted on 09/08/2005 2:38:23 AM PDT by Lokibob (All typos and spelling errors are mine and copyrighted!!!!)
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To: Lokibob

5 points for creativity... :) s


34 posted on 09/08/2005 2:39:16 AM PDT by Americanwolf (Democrats... Politicizing your tragedy for the benifit of all /sarcasm off (Dems are sickos!))
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To: knowyouremeny
However, I have no clue how Kennedy got away with doing it at Univ of Albama, against the governors wishes, in 1963.

Wrong. It was 1962 and the University of Mississippi. I was there as a freshman. I got tear gassed and shot at by federal marshals that had surrounded the Lyceum building (administration building). And, I had done nothing. I saw a coed take a tear gas shell in the chest when the marshals freaked. I had paratroopers camped out across the street from my dorm. I'll never forget the heavy hand of government.

35 posted on 09/08/2005 2:40:24 AM PDT by jslade ("If at first you don't succeed, destroy all evidence that you tried." (Seminole Cty, FL))
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To: nopardons
There is an exception for taking action without a governor's specific request. It is enumerated in section 501 (b)<>p>
PROCEDURE FOR DECLARATION

Sec. 501. (a) 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 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 define the type and extent of Federal aid required. Based upon such Governor's request, the President may declare that an emergency exists.

(b) Certain Emergencies Involving Federal Primary Responsibility. The President may exercise any authority vested in him by section 502 or section 503 with respect to an emergency when he determines that an emergency exists for which the primary responsibility for response rests with the United States because the emergency involves a subject area for which, under the Constitution or laws of the United States, the United States exercises exclusive or preeminent responsibility and authority. In determining whether or not such an emergency exists, the President shall consult the Governor of any effected State, if practicable. The President's determination may be made without regard to subsection (a).

Hmmmm... the President could send in the rescuers for the NO Post Office, Federal Court Building, and maybe any military bases in the area... but they would not be allowed to do anything else... but the President "shall consult" with the effected state's governor.

36 posted on 09/08/2005 2:42:34 AM PDT by Swordmaker (Beware of Geeks bearing GIFs.)
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To: knowyouremeny

I guess the MSM and the RATS had it right, it must be POTUS' fault. Perhaps you and your team should apply for a JD advisory slot as you certainly think you are an expert on Constitional law.
barbra ann


37 posted on 09/08/2005 2:42:46 AM PDT by barb-tex (Why replace the IRS with anything?)
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To: nopardons
Look at this... As part of the Procedure for Declaration, just aking is not enough. The governor has to jump through a couple of hoops:

. . . As 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.

She didn't.

38 posted on 09/08/2005 2:47:51 AM PDT by Swordmaker (Beware of Geeks bearing GIFs.)
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To: knowyouremeny

Wrong. Wrong. Wrong.

Nice to see you googling information, but unless you understand Constitutional Law, you cannot read it correctly.

Again, wrong.


39 posted on 09/08/2005 2:56:08 AM PDT by OpusatFR
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To: knowyouremeny
Welcome to Free Republic, Knowyouremeny.

Are you referring to Brooks Emeny by any chance?

Brooks Emeny Papers 1921-1980
40 posted on 09/08/2005 2:56:54 AM PDT by bd476
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To: knowyouremeny

When you post crap like this as your first post, you might be making two posts, i.e. first and last. You have no idea what you said and neither do I.


41 posted on 09/08/2005 2:57:11 AM PDT by zip (Remember: DimocRat lies told often enough become truth to 48% of all Americans (NRA))
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To: Lokibob
OH, wait, that was a Motel 6. Nevermind.

The light may be on, but ain't nobody home.

42 posted on 09/08/2005 2:58:11 AM PDT by Stegall Tx (I never thought I would put $10 worth of gas in my motorcycle.)
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To: knowyouremeny

Oooops, I just saw that you never made it out of the chute. bye bye


43 posted on 09/08/2005 2:58:14 AM PDT by zip (Remember: DimocRat lies told often enough become truth to 48% of all Americans (NRA))
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To: jslade
However, I have no clue how Kennedy got away with doing it at Univ of Albama, against the governors wishes, in 1963.

Wrong. It was 1962 and the University of Mississippi. I was there as a freshman.

Also at the University of Alabama in 1963.  Wallace blocked the entrance and was ordered to move aside by a federalized officer of the Alabama National Guard.

Kennedy could do it because the militia was called upon to enforce the laws of the United States:

USC 10 Section 333 Interference with State and Federal law
The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it -

(1) so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or

(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.

In any situation covered by clause (1), the State shall be considered to have denied the equal protection of the laws secured by the Constitution.

Kennedy called the Alabama National Guard into active service by Executive Order.

EX. ORD. NO. 11111 (June 1963) and 11118 (September 1963). ASSISTANCE FOR REMOVAL OF UNLAWFUL OBSTRUCTIONS OF JUSTICE IN THE STATE OF ALABAMA

44 posted on 09/08/2005 3:01:46 AM PDT by Racehorse (Where your treasure is, there will your heart be also.)
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To: OwenKellogg

If one googles knowyourenemy DO NOT CLICK ON knowyourenemy.com, it's a redirect site to porn.


45 posted on 09/08/2005 3:02:25 AM PDT by Rebelbase ("Run Hillary Run" bumper stickers. Liberals place on rear bumper, conservatives put on front bumper)
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To: knowyouremeny
Image hosted by TinyPic.com
46 posted on 09/08/2005 3:06:33 AM PDT by Jackknife ( "I bet after seeing us, George Washington would sue us for calling him 'father'." óWill Rogers)
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To: Rebelbase
If one googles knowyourenemy DO NOT CLICK ON knowyourenemy.com, it's a redirect site to porn.

Now, that's a helluva note......

.........figures.

47 posted on 09/08/2005 3:07:49 AM PDT by Jackknife ( "I bet after seeing us, George Washington would sue us for calling him 'father'." óWill Rogers)
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To: knowyouremeny
Personally I think this is great.... as I understand it, your contention is that the whitehouse can declare martial law and simply move the military in without waiting for the local government to approve.

And since that's the case, I think Bush should declare an emergency in the city of San Francisco (there could be an earthquake any minute you know) and start forcibly evacuating the residents to gulags in the midwest for re-education.

It's all OK under the stafford act right?

We can teach them how evidence is required before opinions become facts, and how empowering the government to make choices doesn't increase the freedom of the people who were forced to give up that choice.

We can teach them how marxism is a silly pipe dream that has killed over 100 million people, and how you can't have 'justice' by taking from one person and giving to another simply because you feel like it.

Then while we're at it, maybe we can teach them how this whole rule of law works... my guess is that they'll be surprised.

today San Francisco,...tomorrow the world!

48 posted on 09/08/2005 3:07:58 AM PDT by tcostell
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To: knowyouremeny
actually your username provides quite an insight into the whole motivation of your ideology pertaining to this topic. you consider liberals and conservatives enemies when the focus should be providing relief services and evacuation during the worst natural disaster in recent history. our enemy at this juncture should be mutual. the fact that you are unable to realize this simply shows what your true motivations are. they are without honor.
49 posted on 09/08/2005 3:16:21 AM PDT by lonster
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To: Congressman Billybob
Amateurs should not mess around with constitutional and federal law.

LOL! The alarm bells should have gone off in their head, when they realized they 'discovered' something that the finest constitutional scholars in the land had missed.

50 posted on 09/08/2005 3:17:49 AM PDT by AmericaUnited
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