The Federal Emergency Management Agency is getting a deserved bipartisan butt kicking for its slow and, in some cases, inept response to Hurricane Katrina. But it’s likely that there is plenty of blame to spread between local, state and national leaders. For example, this Associated Press photo making the e-mail rounds shows rows of New Orleans school buses in a flooded parking lot. Why weren’t these and other buses used to help evacuate some of the citizens who didn’t have transportation?
Posted by Phillip Brownlee
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49 Comments
Fema messed this one up big time. Their updates prior to the storm were partially to blame. They had moved their resources east because of the NOAA assesement that the storm would cause the most damage there. And they relied on field operatives, while the rest of the world was getting the true story. Leadership problems there.The mayor of NO lost it big time. There is a man with no clue as to what to do. He didn’t give the mandatory evacuation order until Sunday, and then didn’t authorize the use of school and city buses to get the people out of the city. Loser there.The Governor of LA sure didn’t know what she was doing. She should have called in federal help at the first sign of flooding: she didn’t. Instaed, after she knew the extent of the damage, she waited 24 hours to call for federal help.Another loser.Bush asked the governor if she wanted federal help, she declined until it was too late. Bush could not send federal help until she asked for it: that’s the law. The only way he could have done so was in case of armed insurrection, the looting and sniping didn’t qualify. I can imagine the screaming that would be going on now if that would have happened.Bush was correct when he stated that now was the time to do whatever needs to be done in the storm ravaged areas, and there would be plenty of time to correct all the mistakes made in this fiasco. And there were many.
Which does Mayor Nagin hate more? Black people or yellow busses? It must be one or the other.Discuss.
This is just great:
http://news.yahoo.com/s/ap/20050907/ap_on_go_ca_st_pe/katrina_disaster_response;_ylt=A0SOwjqrNh5Dna8AigAPLBIF;_ylu=X3oDMTBiMW04NW9mBHNlYwMlJVRPUCUl
“The top U.S. disaster official waited hours after Hurricane Katrina struck the Gulf Coast before he proposed to his boss sending at least 1,000 Homeland Security workers into the region to support rescuers, internal documents show.”
JM’s rant about the governor of LA is just wrong – see extensive entry in blog posting beneath this one for a smackdown of that lie. The Pres wasn’t waiting for “permission” to send in troops. – he isn’t required under the Stafford act. That was a pure Bush delay.
I have no idea about the busses – I haven’t heard anything. I will wait until the facts. For instance, who would drive all of those busses?
As true as that maybe, there is a point when someone higher need to step in. If someone fails to get the job done, it is the duty of the next higher up to see that it is done. If that person fails then it is up to the next higher after that. If your neighbor is killing his family with a knife. Are you going to wait till one of his family ask you to call the Police?Or if when you ask if something is wrong and they say “no” can you then ignore the blood? It is only common sense if it is apparent that help is needed to act. Or share in the blame for no actions being taken. New Orleans was overwhelmed and the mayor had dropped the ball. He should have used the buses to move people. Even though even with every buses he could not have move everyone that could not leave on their own.
The Govenor should have sent as much help as she could Tuesday, she had an entire state to deal with and suffered loss of resources. She dropped the ball too.
By Tuesday it was apparent to everyone in the country that the people were overwhelmed and needed more help then they had. Again do you wait till someone asks for help or do you seeing the true nature of the emergency call in the troops?The American people, God bless us all. Saw and acted before the Government did. Fema made the statement Wednesday they had all the manpower and resources needed to handle the job. Shortly afterwards the Director made the statement “We had not been offically notified”
There are occurrences that chain of command be damned. That common sense dictates the action. Two days after the federal government has came in there are still people dying from lack of medical help. Right there at the airport, it is on the evening news. Is the Federal government overwhelmed too?
For the “Strongest Nation” in the world to fall short on helping it citizens does not speak well. If they need my help I will find away to get there. I will carry on my back if need be. Medical supplies, food and water. I will even pick up the dead on the street. I would lose my job, my home, my car. But I would still have my life and my family. I am an American and so are the people in need. That is what has made this country strong.If we fall short it is because we have forgotten that. I do not think we have, the private citizens have not from the outpouring of money and supplies.
But the government is still the best way to get the help to them.If they fall short it is because they choose to. If your house were to catch on fire. your best hope is that it woulld not be up to FEMA to call the fire department.
“JM’s rant about the governor of LA is just wrong – see extensive entry in blog posting beneath this one for a smackdown of that lie.”In the first place, it wasn’t a rant. In the second place, the mayor himself stated that he failed to properly warn his people and failed to understand how serious the situation really was, so I guess the mayor lied about himself, huh?The one thing you people don’t seem to understand is that the levees broke AFTER katrina had passed. So this blame game you are ranting about needs some seriuos attitude adjustments.You better double check the Stafford act. You are wrong,
“I have no idea about the busses – I haven’t heard anything.” Of course you haven’t. You watch the MSM. Nuff said.
I guess if you don’t fill out the proper paperwork, dot all the “i”s and cross all the “t’s, and say “Mother may I”, you can just forget getting any help from the government.
I just wonder what would happen if we had something really bad here in Wichita. We have tornadoes…what if an F-5 hit Wichita? I hate to think we’d have to wait for Mayans and the mob at City Hall to make any decisions before the Government came in to help. It just seems to me that our federal government could have reacted more quickly to what was obviously a terrible catastrophy in New Orleans.
And I’m very dissapointed in the people who blame the victims in New Orleans. Can anybody explain to me how somebody with no car and no money is supposed to evacuate? Maybe I missed something, but I get the impression that not much was done to help poor people get out. What were they supposed to do? Walk?
If the response to Katrina is any indicator, we’re in deep doo-doo if terrorists ever attack us again. Doesn’t look like we’ve gotten very far with preparations.
Check this out–
FEMA won’t accept Amtrak’s help in evacuationshttp://news.ft.com/cms/s/84aa35cc-1da8-11da-b40b-00000e...
FEMA turns away experienced firefightershttp://www.dailykos.com/storyonly/2005/9/5/105538/7048
FEMA turns back Wal-Mart supply truckshttp://www.nytimes.com/2005/09/05/national/nationalspec...
FEMA prevents Coast Guard from delivering diesel fuelhttp://www.nytimes.com/2005/09/05/national/nationalspec...
FEMA won’t let Red Cross deliver foodhttp://www.post-gazette.com/pg/05246/565143.stm
FEMA bars morticians from entering New Orleanshttp://www.zwire.com/site/news.cfm?newsid=15147862&BRD=...
FEMA blocks 500-boat citizen flotilla from delivering aidhttp://www.dailykos.com/storyonly/2005/9/3/171718/0826
FEMA fails to utilize Navy ship with 600-bed hospital on boardhttp://www.chicagotribune.com/news/nationworld/chi-0509...
FEMA to Chicago: Send just one truckhttp://www.chicagotribune.com/news/local/chi-050902dale...
FEMA turns away generatorshttp://www.wwltv.com/local/stories/WWLBLOG.ac3fcea.html
FEMA: “First Responders Urged Not To Respond”http://www.fema.gov/news/newsrelease.fema?id=18470
That last one is real — not satire but straight from FEMA’s website.
That FEMA itself refused to act is obvious, but why did it have to stop others from acting?
That’s the real question . . .
Judging from Jimmy Bisoni and JM Walker, the Wingnut pushback is in full swing.
You’re spewing Rove’s LIES, JM. No such authorization was needed from Blanco.
Guess ‘the buck stops here’ doesn’t apply when it’s the Rove Administration we’re talking about.
Kanye West got it half right: the Bush Administration doesn’t care about ANYBODY but themselves and their cronies. Who got the contract for NO cleanup? Halliburton. Guess that’ll help Big Dick with the down payment on his $2 million house on the Chesapeake.
Bush’s statement that he never knew the levee’s would break is telling. The entire country believed they would break.Are those rose colored glasses the ones that only let in the information he wants to hear without any basis of fact?It’s also laughable that he’s going to investigate the slow response time?People in Florida are still waiting for FEMA’s help for last years disasters.
One CNN Tues night (9/6) three Duke University students told how they made it to the New Orleans Convention Center in 20 minutes once they reached the city limits, but that it took the federal troops four days (even though the troops were manning road blocks at the city limits). While driving into the city, the sudents said, there was one empty school bus after another heading out of the city (perhaps the school buses shown in the photo). The three students made trip after trip to bring people as many people as they could in their car from the convention center to Baton Rouge.
Dear CF,
After a very sucessful career in business(which he gave up for public service) I’m sure that Vice President Cheney can just write a check for his new house. 2 million is actually quite modest for that area.
Hank
JM is completey confused:
“JM’s rant about the governor of LA is just wrong – see extensive entry in blog posting beneath this one for a smackdown of that lie.”In the first place, it wasn’t a rant. In the second place, the mayor himself stated that he failed to properly warn his people and failed”
JM – the mayor of NO and the Governor of LA are two different people. I was talking about the Governor, as my article stated. You counter my point with something about the mayor. I guess you told me. Tiny details like that matter. Read.
I can’t believe people fell for the Rove spin machine again. You’re just spoonfed this stuff and you eat it up like crack. You’re addicted to lies, as long as it defends your world-view somehow. Just stop listening to Hannity and O-Lie-ly. They are truly rotting your brain.
GetReal,
The way this ‘Administration’ ‘governs,’ I’d say their drug of choice is meth rather than crack. Just sayin’.
Hank,
Prior to Big Dick’s successful ‘career’ in business at Halliburton, he also had a successful caree–as a congressman from Wyoming.
Let’s hear it for the revolving door.
Hank–your ignorance is only exceeded by your deification of the Bush administration.
Dick Cheney spent most of his life in gov’t bureaucrachy. He was sec’y of defense under HW, for instance. That’s when he said famously, “capturing Saddam isn’t worth one American life.”
After that, he went through the infamous “revolving door” to become CEO of Halliburton even though he had not a day of business experience. His primary job was using his gov’t contacts to secure contracts for Halliburton, on the taxpayer’s dime of course.
This he did, spectacularly. Halliburton’s gov’t contracts went up some 500 percent. It’s cash flow went from millions to billons, thanks to gov’t pork and cronyism.
Then in 2000, he steps through the “revolving door” again back to public DIS-service. He made 36 million dollars for some 6 months work in 2000. He also saved millions of dollars in taxes that year, thanks to his own tax breaks to the rich.
Astonishingly, he STILL HOLDS Halliburton stock options and still continues to draw a paycheck from Halliburton even as I write this.
So much for “public service” and “conflict of interest.”
BTW, Halliburton stock hit a new all-time high yesterday. What a f*cking coincidence . . .
You want to hear Hank scream and yell?
Suggest that we take away his government pension to cut taxes . . .
Galahad,
Your facts and truth have no business here! Return to the reality-based community, and begone!
Cheney says:”capturing Saddam isn’t worth one American life.”
That is simply amazing. These people are wrecking our country, and there’s a good amount of you who they’ve convinced that it’s a good idea. Zombies.
CNN:
http://www.cnn.com/2005/POLITICS/09/07/katrina.congress/index.html
You KNOW it’s BS when The Unethical One, Tom Delay, chimes in:
“It’s the local officials trying to handle the problem. When they can’t handle the problem, they go to the state, and the state does what they can to, and if they need assistance from FEMA and the federal government they ask for it and it’s delivered,” DeLay said.
He added that Alabama and Mississippi did a much better job of responding quickly than Louisiana. Alabama and Mississippi have Republican governors.”
Nice, Tom. If only that were true whatsoever. And, I guess the local officials were responsible for the incredibly slow FEMA response, as well as countless examples like this:
http://www.sltrib.com/utah/ci_3004197
“Not long after some 1,000 firefighters sat down for eight hours of training, the whispering began: “What are we doing here?”As New Orleans Mayor Ray Nagin pleaded on national television for firefighters – his own are exhausted after working around the clock for a week – a battalion of highly trained men and women sat idle Sunday in a muggy Sheraton Hotel conference room in Atlanta.Many of the firefighters, assembled from Utah and throughout the United States by the Federal Emergency Management Agency, thought they were going to be deployed as emergency workers.Instead, they have learned they are going to be community-relations officers for FEMA, shuffled throughout the Gulf Coast region to disseminate fliers and a phone number: 1-800-621-FEMA.On Monday, some firefighters stuck in the staging area at the Sheraton peeled off their FEMA-issued shirts and stuffed them in backpacks, saying they refuse to represent the federal agency.”
But the spin machine has everyone arguing the “controversy.” It has accomplished its goal in deflecting criticism against the administration. And you folks were a big part of that – congrats! Great job weakening America.
I see now that it’s just too much to trust folks not to drink the kool-aid, even when 10,000 or so Americans die.
Why do Republicans hate America?
Real, you still haven’t offered a rational why Mayor Nagin let all those busses sit unused. Is Nagin a closet racist, too?Pictures tell a thousand words, huh?You on the left and your allies in the MSM are doing your damndest to blame Bush for all this. But the American people aren’t buying it. Sorry :-)
http://www.gallup.com/poll/content/?ci=18412
So Louisiana’s Governor Blanco didn’t request help, huh?
http://gov.louisiana.gov/Disaster%20Relief%20Request.pdf
Keep suckin’ up those Bush lies, boys. You’ll be the next ones to be crying.
Looks like I’m not going to get an answer to my question:
How are you supposed to evacuate if you have no car and no money?The conservatives on this blog have made the victims out to be the bad guys. What exactly were they supposed to do? How do you evacuate a city in the middle of a storm?
This isn’t about the Mayor of New Orleans. The scope of this thing is way to big to lay off on local or state government. Everybody says this is the worst disaster to hit this country. I hope it’s the federal government’s job to deal with something on this scale. If it’s not, something has gone dreadfully wrong.
I may not be the brightest blogger on these pages, but I know that when people are in trouble and hurting and need help, it’s up to ALL of us to pitch in and help. From what I’m seeing and reading, it looks like our government let us down. Ever since 9/11, I’ve been listening to our politicians talk about the need to be prepared when disaster strikes. It hasn’t happened. All I’m hearing is excuses. People and equipment from our friends in other countries can’t get here because of bureaucratic delays? That’s just wrong!
FEMA needs a formal invitation to a disaster? Give me a break.
Ah, yes, the Bush-backers are running true to course. “The Mayor didn’t use the buses!” they cry. Yet when an 18-year-old young man took a bus, filled it with people, and proceeded to drive them out of New Orleans, these same Bush-backers scream, “Arrest him! Throw him in jail! He had no business stealing a bus to save lives!”
When has a city ever provided transportation for evacuees escaping prior to a hurricane? If anyone has documentation that it has happened, please post it.
At least Nagin admits his mistakes. When has Bush? And I’m sure Nagin is agonizing over his. Is Bush?
RD, great post with the PDF about the request for assistance. It’ll be interesting to hear the response from the Bush appoligists. I’d make the usual comment about lies, but that seems to be par for the course with our current masters.
XXX–
It’ll be interesting to her the Bush-backers’ responses.
Heh, I think we already heard them–”local officials, local officials, local officials.”
Either Bush is in charge and he blew it OR he isn’t in charge (i.e., he’s impotent).
Either way, it’s not good for Bush . . .
And you want to know the funny thing about all this?
If Clinton had been in charge, the Republicans would lowered him slowly into a shark tank where his legs would have been devoured to bloody stumps.
Sauce for the goose is NOT sauce for the gander . . .
Inteveiw on BBC, Sept. 5, 2005
Lt. Commander Kelly, NorCom:”Northcom started planning before the storm even hit. We were ready when it hit Florida, because, as you remember, it hit the bottom part of Florida, and then we were planning once it was pointed towards the Gulf Coast.
“So, what we did, we activated what we call ‘defense coordinating officers’ to work with the states to say, ‘OK, what do you think you will need?’ And we set up staging bases that could be started. We had the USS Bataan sailing almost behind the hurricane so once the hurricane made landfall, its search and rescue helicopters could be available almost immediately So, we had things ready. The only caveat is: we have to wait until the president authorizes us to do so. The laws of the United States say that the military can’t just act in this fashion; we have to wait for the president to give us permission.”
So they waited…for days.
Here’s a great timeline of events, supported with credible links (such as the White House), in case anyone is interested.
http://www.thinkprogress.org/katrina-timeline
Here is a heartbreaking, infuriating timeline:
http://www.thinkprogress.org/katrina-timeline
If you all chack on where the “Bush Spin Machine” is spinning you will find most of out of the mouth of the left leaning CNN, MSNBC and the rest of the MSM. Even the latest lefthanded poll has “Bush is at fault” at only 11%! If you lefties won’t even watch your own TV there is no reason for the rest of us to even post.Bye
Joe, it’s early yet, and people haven’t had time to digest the enormity of this fiasco. Give them time. Remember, there was a time whem people supported the Bush war, too.
While New Orleans government hasn’t been perfect many of the media have accepted outright lies about matters. The washington post quoted an “anonymous senior white house official” to say falsely that “[a]s of Saturday [September 3], [Louisiana Gov. Kathleen] Blanco still had not declared a state of emergency.”
http://mediamatters.org/items/200509060009
When in fact this was declared on August 26th, before Bush had even declared it a federal emergency.
Tekkie,”How are you supposed to evacuate if you have no car and no money?”
Maybe you’re sight impaired or English is a second language. See the picture of those busses? See, people get on them and go places. Well, if you have a Mayor who reads his own evacuation plan.
End of lesson.
PS-Poll shows the American people aren’t buying your rants, lefties. Must be enormously frustrating for you :-)
RD “When has a city ever provided transportation for evacuees escaping prior to a hurricane?”
Mayor Nagin’s plan claims New Orleans will. He didn’t.
Facts, people. Not talking points.
http://www.cityofno.com/portal.aspx?portal=46&tabid=3
During the Recommended Phase of Evacuation:1. The City of New Orleans Emergency Operating Center (EOC) is staffed for 24-hour operation.2. Local transportation will be mobilized to assist persons who lack transportation.3. Bus routes and locations of staging areas for those needing transportation to shelters in or out of the Parish, will be announced via radio and television.4. Relatives and neighbors should help family and friends who need transportation and other assistance.
I’m glad you suddenly became a believer of polls, Jimmy.
Now you’ll have to admit that with Bush at 40 percent approval and dropping, he’s the
Worst.
President.
Ever.
Get Real: Have you read the Stafford Act? I see no provision for the President to act unilaterally, without the specific authorization of the governor of the state. The Stafford Act did not eliminate Constitutional provisions or the litmitaions on the Federal Government by the Posse Comitatus Act of 1878, which prevent the unilateral interference of the Federal Government with State government prerogatives. I recommend you read all three documents carefully.
JD: did you note that Governor Kathleen Babineaux Blanco did not issue this order until Sunday, August 28 (coincidentally, the same day the “request to evacuate” became and “order to evacuate”). Hurrican Katrina had already been tracked for five days, indicating a probable landfall at or very near New Orleans. Weathercasters were predicting that the dual storm surges (one at the beginning of landfall and one when the hurrican passed) would likely overwhelm the levees. It seems that Sunday is a little late to expect a large scale evacuation, especially or the poor, elderly, or disabled (what WERE those buses doing?), and certainly late to avail oneself of governmental aid (which Federal documentation admits and take approximately 48 hours (especially to activite the military). Let us at least admit that the local and state politicos were ill-prepared, indecisive, and anemic in their initial response. This is not a defense for the lack of peparedness of FEMA, under the dirfrection of Homeland Security, or, for that matter, for the failure of the Federal Government to address the levee issue far before this time. But a “just blame the feds” is a knee-jerk reaction which reveals a lack of knowledge of all the issues that added to this perfect storm.
Bisoni, I don’t believe I insulted anybody by asking a simple question. I’ve been out of contact for a few days. I appreciate your answer…don’t appreciate your asshole attitude. Fuk you.
soulfyre,
I’ve read the Act. In fact, I blogged about it in a previous post, and about how people who are using it to say Bush’s hands were tied were lapping up the sweet lies from the Rove Smoothie Machine.
Let’s set you straight.
This was sent on SUNDAY, while Bush was clearing brush or something:
http://gov.louisiana.gov/Disaster%20Relief%20Request.pdf
The Posse Comitatus Act has nothing to do with this, since it doesn’t apply to what this involves. This is an excellent rundown on the The Posse Comitatus Act and Homeland Security:
http://www.homelandsecurity.org/journal/Articles/brinkerhoffpossecomitatus.htm
The whole idea is a non-starter:
http://davidkc.dailykos.com/story/2005/9/5/225114/3036
A comprehensive look at what happened via the National Response Plan can be found here:
http://www.dailykos.com/story/2005/9/5/225729/7487
So that’s one bit of hype and lies that’s been swatted down (that one actually made the rounds last week).
But are YOU saying the President lacks so much leadership ability, that he was hiding behind paperwork, letting people drown and die as he waiting for something that he never needed to come through the fax machine? Is that your President? It seems that you’re saying so.
But to reiterate, all the correct paperwork was filed, and Bush was waiting for nothing. Nice try, Karl.
GR, considering the info you offer, it’s a little hard to argue that it’s all the fault of the “locals”, especially since Blanco issued the disaster document befort the hurricane hit.
What do you want to bet our republican “friends” just continue to ignore the facts?
Tekkie: Bet the curse words impressed folks in the 7th grade. Don’t work so well here. Get an informed viewpoint and a vocabulary and we’ll talk to you soon!Peace.
Got your attention, didn’t it? Small things occupy small minds.
The fact that so many were in the Super Dome and convention center SAVED LIVES! Imagine those 50,000 plus folks scattered all over New Orleans awaiting the end of bush’s vacation and his week late sending of help! At least when bush finally decided to do something those folks were all in one place. Their suffering in those places is only due to the tardiness of mr. bush
Much has been made of the buses. This is of course another right wing dodge. They were running people through metal detectors and checking their bags right up till the time the storm hit as the folks who could not flee entered the Superdome. Who would drive those buses? Oh and would it have been better for the folks to have been in those buses out in the storm as it hit? I don’t think those in a bus in a 120 mile an hour wind fare to well. So much for the bus fuss.
The right hates what they call the MSM (mainstream media) There is little wonder why. How embarrasing to the shrubbies for the “MSM” to expose the below 3rd world conditions at the Convention center……..2 full days before mr.bush’s (former fired horse show judge) choice to head FEMA even knew about that problem! And it was CNN’s Paula Zahn that brought that bit of intel to the “FEMA Czar” Oh and about those folks in the convention center? They did what they were told in going there. Now they didn’t have to stay…….except that when they tried to walk out the local police of somewhat more affluent areas of New Orleans turned them back.I guess “love your neighbor ” is just a slogan after the shit hits the fan.
This story is evolving and will continue to evolve. We will find stories of those the RIGHT called “looters” who actually helped people survive. I myself wonder about the arrival of “endless supply convoys and skies full of helicopters” (Geraldo Rivera) in such coincidental time with the arrival of bush for his photo op and back-patting session with the failed governors of Mississippi and Alabama. Did the blocking and scripting for mr bush’s ride to rescue cost lives?
Theere is only one comfort in this, and it is a small one that I take not much pleasure in. This will finally expose bush for the propped up empty suit puppet that he is. Right now Americans at large are doing the job that bush and his minions so badly failed at: taking care of their fellow Americans. But in time answers will be demanded. In a figurative way, bushies share an ultimate fate not unlike the victims of the storm and of bush’s failure. They will hug the last refuge of a rooftop and wave their arms for help. I’ll toss ‘em a bottle of water…….salt water.
JR fits the long trend in liberalism to hope for the worst. Saying “I told you so”, even when they have to lie in order to say it, is their highest calling.
So much for their bleeding hearts.
Last night Newsweeks poll showed 13% approved of the administration work in this disaster.
It’s a very sad day when people the government can’t help out in a disaster because all the paper work wasn’t filled out.
Has anyone ever heard of self sufficiency and not depending on the government for everything? In LA, where I lived for 20 years, the authorities constantly warned people that when (not if) the ‘big one’ hit, that everyone must be prepared to fend for themselves for a minimum of 3 to 5 days.That is a fact, whether you want to accept it or not and just play the blame game.Fact is, it takes time to marshall forces–unless all these complaining people are willing to take a huge tax increase to have emergency relief workers posted in every city…on every block for a rapid response.
Get Real–I’m still reading your references, and am glad I am talking to someone who is not simply conjecturing about the acts themselves. I will respond when I have finished researching. BTW–I’m not trying to excuse anyone; I tend to agree with Charles Krauthammer, who said that all our administration did, post 9/11, is re-arrange the “boxes” of the bureaucracy. And hiring men who–especially Michael Brown–to head the two major agencies involved with home security and disaster who had no previous experience in dealing with disasters (aside from being political “cronies”…er, “hacks”…er, “appointments” of President Bush) is inexcusable. As Mara Liasson of NPR said, “There is plenty of blame to go around.”
Yo, Get Real:
“The lawyers have had a hand in transforming the Posse Comitatus Act from its original intent to what it may or may not be today. A substantial body of case law and judicial decisions pertaining to the use of military personnel to enforce the laws has been created. A casual review of these cases reveals confusion, inconsistency, and downright perversion of the original intent of the law. Much of this litigation has been prompted by persons averse to any role for military forces in law enforcement. Moreover, a significant body of policy and regulation has been created extralegally in the form of Department of Defense directives and military service regulations. These attempts to clarify the situation only add to the confusion. Most of them are based on a presumption significantly at variance with the law itself.
It is time to rescind the existing Posse Comitatus Act and replace it with a new law. The old law is widely misunderstood and unclear. It leaves plenty of room for people to do unwise and perhaps unlawful things while trying to comply with their particular version. It certainly does not provide a basis for defining a useful relationship of military forces and civil authority in a global war with terrorism. The Posse Comitatus Act is an artifact of a different conflict-between freedom and slavery or between North and South, if you prefer. Today’s conflict is also in a sense between freedom and slavery, but this time it is between civilization and terrorism. New problems often need new solutions, and a new set of rules is needed for this issue.”
I believe these two statements indicate the problem in which we find ourselves. Colonel John Brinkerhof, whom you quote as a source, recognizes the problem. A body of case law (res judicata–you know, what John Roberts is supposed to agree to follow) and executive law (referred to as the extralegal decisions of the Defense department–you know, like those pesky IRS regulations that we must follow and the Federal government enforces, to our dismay) has created a mess of legal confusion on which even legal scholarship (or the lack thereof) is divided. I agree that either we must “rescind the existing Posse Comitatus Act and replace it with a new law”, in order to clarify what would otherwise be obvious to a careful legal historian. Until that time, the amount of legal wiggle-room available to politicians of any stripe is lamentable.
It is readily apparent that what Homeland Security did–sort of–was “prepare for a response to”, rather than “prepare for AND respond to” Hurrican Katrina. It did not actively assume the responsibility that might have been expected from the language that calls for “domestic incident management across the spectrum of action INCLUDING PREVENTION, PREPAREDNESS, response, and recovery.” But it is also true that the emergency preparedness plan of the State of Louisiana was woefully inadequate, and exacerbated the disaster.
I’m not excusing any level of government for the obvious inadequacy of evacuation efforts to those least able to respond. And I believe the “Homeland (IN)Security” Department revealed that it is unable to manage disasters for which there is ample warning. God forbid we have an “unannounced” terrorist attack!
Incidentally, thank you for the references. They were thought provoking and very helpful.
Everybody is stupid but me. I’m good because I said so. You can all bend down and kiss my backside. Everyone who disagrees with me is a dirtbag.
Interesting observation, Galahad.