In the Governor's letter to the President on 8/27/05 the following was included, which is a formal request for the President to take action:
Under the provisions of Section 501 (a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5206 (Stafford Act), and implemented by 44 CFR § 206.35, I request that you declare an emergency for the State of Louisiana due to Hurricane Katrina for the time period beginning August 26, 2005, and continuing. The affected areas are all the southeastern parishes including the New Orleans Metropolitan area and the mid state Interstate I-49 corridor and northern parishes along the I-20 corridor that are accepting the thousands of citizens evacuating from the areas expecting to be flooded as a result of Hurricane Katrina.
In response to the situation I have taken appropriate action under State law and directed the execution of the State Emergency Plan on August 26, 2005 in accordance with Section 501 (a) of the Stafford Act. A State of Emergency has been issued for the State in order to support the evacuations of the coastal areas in accordance with our State Evacuation Plan and the remainder of the state to support the State Special Needs and Sheltering Plan.
Pursuant to 44 CFR § 206.35, I have determined that this incident is of such severity and magnitude that effective response is beyond the capabilities of the State and affected local governments, and that supplementary Federal assistance is necessary to save lives, protect property, public health, and safety, or to lessen or avert the threat of a disaster. I am specifically requesting emergency protective measures, direct Federal Assistance, Individual and Household Program (IHP) assistance, Special Needs Program assistance, and debris removal.
http://www.gov.state.la.us/Press_Release_detail.asp?id=976 Now here is section 501 of the Stafford Act:
PROCEDURE FOR DECLARATION {Sec. 501}
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 a 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 will define the type and extent of Federal aid required. Based upon such Governor's request, the President may declare that an emergency exists.
Certain emergencies involving Federal primary responsibility
The President may exercise any authority vested in him by section 502 or section 503 <42 U.S.C. § 5192 or § 5193> 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 affected State, if practicable. The President's determination may be made without regard to subsection (a).
(She did this and the President declared a state of emergency for Louisiana.)
The above references section 502:
Federal emergency assistance {Sec. 502}
a. Specified
In any 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
2. to save lives, protect property and public health and safety, and lessen or avert the threat of a catastrophe;
~snip~
General
Whenever the Federal assistance provided under subsection (a) with respect to an emergency is inadequate, the President may also provide assistance with respect to efforts to save lives, protect property and public health and safety, and lessen or avert the threat of a catastrophe.
http://www.fema.gov/library/stafact.shtm#sec501 GOVERNOR BLANCO FOLLOWED THE LAW AND APPROPRIATE PROCEDURES IN ASKING BUSH FOR HELP ON SATURDAY, 8/27/05. HELP DID NOT ARRIVE FROM THE FEDERAL GOVERNMENT FOR THE CITIZENS OF NEW ORLEANS UNTIL THE FOLLOWING FRIDAY.
The responsibility for coordinating all disaster relief efforts in New Orleans clearly rested with the White House. Despite all the post-disaster spin by the Bush Faction and its sycophants, despite all the earnest media analyses, the lines of authority are clear and indisputable. Here is the voice of George W. Bush himself, in the proclamation issued in his name, over his signature on Saturday, August 27, 2005:
"The President today declared an emergency exists in the State of Louisiana and ordered Federal aid to supplement state and local response efforts in the parishes located in the path of Hurricane Katrina beginning on August 26, 2005, and continuing. The President's action authorizes the Department of Homeland Security, Federal Emergency Management Agency (FEMA), to coordinate all disaster relief efforts which have the purpose of alleviating the hardship and suffering caused by the emergency on the local population, and to provide appropriate assistance for required emergency measures"
Bush goes on to say: "Specifically, FEMA is authorized to identify, mobilize, and provide at its discretion, equipment and resources necessary to alleviate the impacts of the emergency."
There is really nothing more to be said about "lines of authority" and "who was responsible" for managing the relief effort. Two days before the hurricane struck Louisiana, the President of the United States assumed the responsibility for coordinating ALL disaster relief efforts. He then specifically designated FEMA as the lead agency in charge of this effort, giving it presidential authorization to mobilize any and all resources necessary to "alleviate the impacts of the emergency." What's more, FEMA was given specific, direct, presidential authority to act at its discretion -- it did not have to wait for approval from elsewhere in the federal government or from state or local authorities.
All of this is as plain as day; it's set down in black and white, in a direct, unambiguous document signed by President George W. Bush and available 24 hours a day on the official White House website. If any Beltway pundit or high media mandarin wishes to know who was responsible for the direction of "ALL disaster relief efforts" in the Gulf Coast during and after the storm, they need only consult the White House website.
http://www.whitehouse.gov/news/releases/2005/08/20050827-1.html
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