I find it very good news indeed that Rove can not find any better defensive maneuver to protect the Bush Administration than to attack the effectiveness and competency of local and state managing of the crisis. It is as if Rove plans on winning by waging a dirty tricks, mud-slinging political campaign against the local and state government. Yet, in the end, this is a battle of governmental powers not of political perceptions.
In the end, whether the local and state authorities were competent in their duties to protect their constituents is irrelevant in determining whether Bush was competent in his duty to protect his constituents.
On August 26, Bush signed a
Statement on Federal Emergency Assistance for LouisianaThe 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.
On August 28, Governor Blanco requested Bush declare Louisiana a major disaster area.
Disaster Relief Request from the desk of Gov. Kathleen BlancoUnder the Provisions 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42... 5121-5206 (Stafford Act) and implemented 44 CFR 206.36, I request that you declare an expedited major disaster for the State of Louisiana as Hurricane Katrina, a Category V Hurricane approaches our coast south of New Orleans; beginning on August 28 and continuing.
The next day (one day later than Blanco requested, incidentally), Bush declared that a major disaster existed in Louisiana
Statement on Federal Disaster Assistance for LouisianaThe President today declared a major disaster exists in the State of Louisiana and ordered Federal aid to supplement State and local recovery efforts in the area struck by Hurricane Katrina beginning on August 29, 2005, and continuing.
Responsibilities and Protocol in the event of major disasters and other events is spelled out in the
National Response Plan (NRP).
The following excerpt describes the general responsibilities of the Secretary of Homeland Security in "Incidents of National Significance."
(T)he Secretary of Homeland Security declares Incidents of National Significance (in consultation with other departments and agencies as appropriate) and provides coordination for Federal operations and/or resources, establishes reporting requirements, and conducts ongoing communications with Federal, State, local, tribal, private sector, and nongovernmental organizations to maintain situational awareness, analyze threats, assess national implications of threat and operational response activities, and coordinate threat or incident response activities.
Although I found many places in the NRP that defined what an "Incident of National Significance is, the following citation defines it very well for our purposes here.
For Incidents of National Significance that are Presidentially declared disasters or emergencies, Federal support to States is delivered in accordance with relevant provisions of the Stafford Act (see Appendix 3, Authorities and References). (Note that while all Presidentially declared disasters and emergencies under the Stafford Act are considered Incidents of National Significance. not all Incidents of National Significance necessarily result in disaster or emergency declarations under the Stafford Act.)
The NRP lays out under what conditions a Governor shall request a Presidential-declared major disaster or emergency
A Governor may request the President to declare a major disaster or emergency if the Governor finds that effective response to the event is beyond the combined response capabilities of the State and affected local governments. Based on the findings of a joint Federal-State-local Preliminary Damage Assessment (PDA) indicating the damages are of sufficient severity and magnitude to warrant assistance under the act, the President may grant a major disaster or emergency declaration. (Note: In a particularly fast-moving or clearly devastating disaster, the PDA process may be deferred until after the declaration.)
In the August 28 letter to the President from Governor Blanco, the governor explicitly and repeatedly states that she fully expects state and local resources to be overwhelmed.
By responding to the Governor's request affirmatively, the President, in short, accepted the ultimate responsibility for responding to the impending major disaster.
If the President determines that an emergency exists where the primary responsibility for response rests with the Government of the United States, or because the emergency involves an area or facility for which the Federal Government exercises exclusive or preeminent primary responsibility and authority, the President may unilaterally direct the provision of assistance under the act and will,if practicable, consult with the Governor of the State.
NOTE: Nearly all, if not all, of the citations from the NSP are from p. 6.The NRP makes it very clear that the federal government can not blame mismanagement and mis-administration of resources in response to the major disaster on the local and authorities since...
1)The duties of the Secretary of the DHS "conducts ongoing communications with Federal, State, local, tribal, private sector, and nongovernmental organizations to maintain situational awareness
analyze threats, assess national implications of threat and operational response activities, and coordinate threat or incident response activities."
2)the President may unilaterally direct the provision of assistance under the act if it is determined the Government of the United States has primary responsibility (i.e. if the local and state government's responsibilities are impaired by either incapacity ot incompetence).
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