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
I was surprised to see NO schools owned *any* buses, cuz I believe all of the school bussing around here is done by private contractors, including the entire City of Milwaukee.
After reading back to another post on this thread, NO School District put their school buses at the Mayor's disposal, so it would not have been necessary for him to have commandeered any of them & they would have been included in the city's evac plan. How many of those floating buses were own by the school district & how many of them are owned by private contractors, I have no idea.
No need for apologies. I thought you were saying this person was talking about the "Law" in broad, generic, non-specific terms. I understand trying to remember what you could when someone is rattling things off very fast.
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?
A similar assertion was made at:
http://www.freerepublic.com/focus/f-news/1477440/posts?page=376#376; and
http://www.freerepublic.com/focus/f-news/1477440/posts?page=730#730.
The proposition was disputed by several posters. The thread provides some citations and discussion. I encourage you to visit it before you make up your own mind.
See in particular post 742, post 786, post 808, post 817, post 821, and post 1065. There are other relevant posts in that thread, some of which support the proposition you made above.
Had you clinked on the link, an abbreviated CFR TITLE 44 should have opened, assuming your browser can handle Adobe Pdf files.
Before I start quoting specific parts, you have to understand the way in which laws are often crafted. They must be a delicate balancing act being sufficiently specific to make sure that no one or ones can run away with the football. On the other hand, they cannot be so specific as to engineer out the flexibility needed to deal with unanticipated situations. The ability to read between the lines is crucial to a full understanding of the law...and often makes for interesting court challenges.
PART 1
SUBPART A
1.4 Policies and Procedures
(4) Among alternative approaches to any given regulatory objective, the alternative involving the least net cost to society shall be chosen; and
(5) FEMA shall set regulatory priorities with the aim of maximizing the aggregate net benefits to society, taking into account the condition of the particular entities affected by regulations, the condition of the national economy, and other regulatory actions contemplated for the future.
Interpretation: The least net cost to society would have been in having the Army Corps of Engineers rebuild the levees to current standards as opposed to dealing with the after effects of a category 5 hurricane at a cost to the taxpayer of perhaps $100 billion.
PART 2
SUBPART A – Organization, Functions, andDelegations of Authority
2.4 General Limitations and Reservations
(2) Authorities connected with maor disasters and emergencies, and with delegations to other agencies including:
(i) The authority to make recommendations to the President concerning the declaration that an emergency exists pursuant to section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 519);
(ii) The authority to make recommendations to the President concerning the issuance of a major disaster declaration pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 517);
(5) Authority to appoint Federal Coordinating Officers under section 302 of the Robet T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5143).
Interpretation: FEMA was obligated to request that President Bush declare a national emergency (and perhaps invoke the Insurrection Act) in order for FEMA to take charge of an obviously chaotic situation.
DIRECTORATES
2.41 Mitigation Directorate
(a)Mission – The Mitigation Directorate administers programs to reduce or eliminate loss of life and property from national and technological hazards.
(b)Functions – The principle functions of the Mitigation Directorate are:
(1) Identifying and assessing the risks posed by natural and technological hazards, except that, on issues of technological risk assessment, FEMA will defer to the agency having primary responsibility in the specific area, notably the Nuclear Regulatory Commission (NRC) regarding accidents at commercial nuclear power plants, and the United States Army regulatory chemical weapons.
(2) Developing mitigation policies and strategies for implementing programs designed to reduce or eliminate loss of life and property from natural and technological hazards.
(3) Coordinating with other Federal agencies and the scientific community on matters that will enhance FEMA’s ability to reduce or eliminate loss of life and property from natural and technological hazards.
(4) Transfering information on the risks posed by natural and technological hazards to other Federal agencies and State and local government officials, and the public. (5) Promoting a multi-hazard approach to mitigation at State and local levels.
(7) Providing for the dissemination of information and delivery of technical assistance to build mitigation capabilities and promote mitigation activities. (8) Carrying out hazard mitigation activities of the Stafford Act, including..
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.....
Please stop misquoting me. I never said that FEMA (or any other agency of government) can spend money that isn't authorized. That is where forceful and effective leadership comes into play. It is up to FEMA to go before congress and present their case as to why the money is necessary in order for them to fullfill their legal mandates and obligations.
The levee were planned and built to withstand the forces related to a Cat 3 hurricane.
Funding for a study that would describe the steps necessary to protect the Lake Pontchartrain Basin from a Cat 5 hurricane was discussed, and cut by Congress in 1998. http://www.freerepublic.com/focus/f-news/1478248/posts?page=82#82 <- details here
Cancun Evacuation: Excellent find and a deserved bitch-slap to Nagin and Blanco.
If the levee had not broken, people could have gone home after the hurricane passed...the mayor seems to have been working on that assumption and not allowing for the possibility that the city might be flooded. After all, who could have imagined such a thing happening?
You are doing a good job trying to understand and apply Federal Law.
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. In this case the applicable law is Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5206.
There is a higher law than the Stafford Act, the Constitution, which states that the US government will only intervene upon 'application' of the state Legislature (or Executive):
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.
From FEMA's website http://www.fema.gov/pdf/rrr/dec_proc.pdf
In 1988, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5206, was
enacted to support State and local governments and their citizens when disasters overwhelm them. This law, as
amended, establishes a process for requesting and obtaining a Presidential disaster declaration, defines the type and
scope of assistance available from the Federal government, and sets the conditions for obtaining that assistance. The
Federal Emergency Management Agency (FEMA), now part of the Emergency Preparedness and Response
Directorate of the Department of Homeland Security, is tasked with coordinating the response.
Isn't our system of government an awesome invention? Two hundred twenty four years and counting.
That, and teh fact he's spending much of his time inDallas, where he evacuated his family and enrolled his children in school BEFORE the storm hit.
This action indicates maybe he isn't just the dumb ass he plays on TV, walking around cursing like the cable guy he was as preparation for running a major city.
see my post 231. CFR is only an executive regulation. Stafford act is governing Law.
Methinks the VOTERS have already been "held responsible", in the most disastrous way possible.
There is so much shared blame for this tragedy that it is embarassing...from the local level to the federal, and everyone in between. Although I don't believe I stated so, congress is responsible, not only for not providing the necessary funding for preventing the inevitable (and thus playing Russian Roulette with the lives of the residents of New Orleans), but in confirming (I believe without opposition) Mike Brown to head FEMA when he was clearly unqualified for the position, both in lacking practical experience and qualities of effective and forceful leadership.
The Louisiana legal system is based on French law. That's why, when the hurricane hit, the governor and the mayor knew how to surrender. The problem was, no Germans showed up to give them orders.
Not a chance. Most visitors to New Orleans are totally aware of the "criminal class" before ever setting foot in the city.
As they do every time they glom on to an event they try to distort to bring down a man whose boots they don't even deserve to shine.
One thing you have to say about liberals though: they never learn a lesson from their mistakes. They're as persistent in their evil as the Devil himself..and they are, obviously, utterly shameless
Cut/paste hiccup on previous reply.
The voters have already been held responsible in the most disastrous way possible.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.