As New Orleans descended into chaos last week and Louisiana's governor asked for 40,000 soldiers, President Bush's senior advisers debated whether the president should speed the arrival of active-duty troops by seizing control of the hurricane relief mission from the governor.I mean, it's not like New Orleans was on a feeding tube or anything.
For reasons of practicality and politics, officials at the Justice Department and the Pentagon, and then at the White House, decided not to urge Mr. Bush to take command of the effort. Instead, the Washington officials decided to rely on the growing number of National Guard personnel flowing into Louisiana, who were under Gov. Kathleen Babineaux Blanco's control.
(later down article:)
The issue of federalizing the response was one of a number of legal issues considered in a flurry of meetings at the Justice Department, the White House and other agencies, administration officials said. Attorney General Alberto R. Gonzales urged Justice lawyers to interpret the federal law creatively to assist local authorities. For example, federal prosecutors prepared to expand their enforcement of some criminal statutes like anti-carjacking laws that can be prosecuted by either state or federal authorities.
On the issue of whether the military could be deployed without the invitation of state officials, the Office of Legal Counsel, the unit within the Justice Department that provides legal advice to federal agencies, concluded that the federal government did possess authority to move in even over the objection of local officials.
Th[e Insurrection Act] was last invoked in 1992 for the Los Angeles riots, but at the request of Gov. Pete Wilson of California, and has not been invoked over a governor's objections since the civil rights era - and before that, to the time of the Civil War, according to administration officials. Bush administration, Pentagon and senior military officials warned that such an extreme measure would have serious legal and political implications.
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posted by Jimbob at 9:10 PM on September 8, 2005