Legal Expert-Blanco was legally in charge of Disaster Relief

Fox News | Sat 9-10-05 | ME

[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

[GoLightly]

Which again focuses attention on the LA DHS office

Ding Ding Ding We have a winna! Add the consulting firm used by LA.

Rudy Giulliani based on his stature from 9-11 and his expereince as a Prosecuter is the PERFECT choice.

YES! Now how do we make that happen?

[hosepipe]

[ EVEN if the National Dems get the "Independent Commission" there is no way to rescue her based on the Law. ]

Wrong... Clue: the Sandy Burgular affair....
Its not democrats but REPUBLICANS that will give her a pass on this...
RINOs after all are merely stealth democrats.. posuers, shills..

[GoLightly]

Once a national disaster is declared, the fed has every authority to go in and take charge under law, with or without the invitation of local authorities.

You are flat out WRONG!

[jackbill]

No insurance policy would be written like that.

You can get an insurance policy written up any way that you want. Suppose the insurance company offered them a policy - for cheap - as long as the buses were not used for anything other than taking kids back and forth to school? No weekends, no "evacuations", no seniors to the casino, etc..

[FreedomCalls]

"there is nothing in the state law that allows them to negotiate offering evac centers to each other"

There is nothing in the state law that prevents them to negotiate offering evac centers to each other either.

[infocats]

[infocats]"However, they are also charged with "before the fact" mitigation"

[FreedomCalls]"What source are you using for that assertation?"

[infocats] CFR TITLE 44

[infocats] "Federal authority always supercede local authority in disasters of this magnitude"

[FreedomCalls] "That is flat out wrong. Unless the governor cedes control or has it taken from her under the Insurrection act, she is in control. FEMA and the National Guard said that as long as there was one functioning New Orleans municipal policeman they were still subordinate to his authority and would do what he said."

[infocats] CFR TITLE 44 also addresses this

[gitmo]

You are misrepresenting what happened here. New Orleans had a sound disaster plan. Louisiana had a sound disaster plan. They were developed with the consultation of FEMA. The disaster plan was tested in a mock CAT-5 hurricane just a couple of years ago.

The plan was ignored when Katrina entered the Gulf.

FEMA cannot implement the plan. The state has to.

[spanalot]

"They didn't have the authority. States' Rights is a fundamental concept of this nation. We don't inject Federal forces into states' business without invitation. (Well, OK. Lincoln did.)"

Do you know if the Marine, Navy, AF, CG Helos had permission to do rescues from day one?

[infocats]

"You are flat out WRONG!"

Please refer to my post #179

[AckyQuack]

so why isn't she being sacrificed instead of Brown?

[GoLightly]

Communities are part of the negotiations (as they have to know what resources they even have available), but all of the authority over the "offer" rests with the state.

[infocats]

"FEMA cannot implement the plan. The state has to."

No argument...but it is up to FEMA to ensure that they can implement the plan.

[GoLightly]

I read it, you're still flat our wrong. The feds are in charge of making sure lower authorities have appropriate plans & that those plans are workable, but the local authorities are charged with *implementing* those plans if/when they are needed.

[GoLightly]

I read it, you're still flat our wrong. The feds are in charge of making sure lower authorities have appropriate plans & that those plans are workable, but the local authorities are charged with *implementing* those plans if/when they are needed.

[GoLightly]

it is up to FEMA to ensure that they can implement the plan.

It is FEMA's responsiblity to ensure they are *able* to implement their plan, but FEMA is not allowed to ensure that they *do* implement their plan.

[FreedomCalls]

[FreedomCalls]"What source are you using for that assertation?"

[infocats] CFR TITLE 44

CFR Title 44 is 619 pages long! You have to do better than that. I get the feeling that you are just making it up.

[Tunehead54]

I agree Nagin should be prosecuted along with Blanco for their dereliction of duty - I think of him as Naggin' - because that's all he was doing - he did nothing himself.

IIRC he was called Saturday night at home by the director of the National Weather Service imploring him to order a mandatory evacuation - he could have gotten on every TV station and said "Pack up and leave NOW!" - people could have been leaving that night or early Sunday morning. Oh and all those buses that weren't good enough ... I think in retrospect, the nursing home patients and the "vehicle-free" would have preferred getting out - as opposed to what they went through. Drowning or days of misery. :-(

---

[FreedomCalls]

Then why would use of the school buses be written into the emergency evacuation plan if they could not be used? And how does an insurance policy written to cover students in school buses prevent the use of city municipal buses for evacuation?

[Labyrinthos]

If you have ever served in a role like that you would know that she definitely civilly responsible (personally and for the State) and could well be criminally liable.

I represent a dozen municipalities, and while I don't know the law specific to La, I can say with about 99% certainty that even when state or local government officials are personally liable for negligent or even willful conduct, the state or municipality is obligated to defend, indemnify, and hold the government official harmless from any and all liability arising out of that conduct as long is it arguably within the scope of the official's duties. This is particularly true when the alleged negligent or wrongful conduct arises out of a discretionary act.

[bvw]

Nearly ALL municipalities do in in fact and history deal well-enough with these situations when they occur. Neighboring communities and higher levels of government do pitch in, do contribute -- but if you know history at all you'd know that the primary response and the most effective response is LOCAL.

New Orleans seems sui generis. A whole city gone rotten. Incapable by generations of corruption, incompetence and being too much the indolent "Big Easy" to do what every other city can do, does do and must do.