One more thing.
One thing that must still be proven from my previous post is that the governor specifically asked for immediate search/rescue/food relief, or that the President had an implied responsibility to give it, when the acts described in the letter to the president were invoked. She invoked the Stafford Emergency and Disaster Relief act, under section 401 of which she can make a request to the president for assistance. This gives him the power to declare a disaster area, and says that he MAY, repeat MAY, not shall, send what aid he deems necessary, there is no time limit. There is also section 5170b, subsection C, paragraph 1, which says the following:
During the immediate aftermath of an incident which may ultimately qualify for assistance under this title or title V of this Act [42 U.S.C. ยงยง 5170 et seq. or 5191 et seq.], the Governor of the State in which such incident occurred may request the President to direct the Secretary of Defense to utilize the resources of the Department of Defense for the purpose of performing on public and private lands any emergency work which is made necessary by such incident and which is essential for the preservation of life and property. If the President determines that such work is essential for the preservation of life and property, the President shall grant such request to the extent the President determines practicable. Such emergency work may only be carried out for a period not to exceed 10 days.
I have called the Governor's office for a list of all requests for federal aid by State Operations Officer Art Jones. They have yet to get back to me. If he did make a specific request under a provision like the one above, this is obviously the Administration's fault. If he didn't, things are more ambiguous. However, the list of requests is crucial.
During the immediate aftermath of an incident which may ultimately qualify for assistance under this title or title V of this Act [42 U.S.C. ยงยง 5170 et seq. or 5191 et seq.], the Governor of the State in which such incident occurred may request the President to direct the Secretary of Defense to utilize the resources of the Department of Defense for the purpose of performing on public and private lands any emergency work which is made necessary by such incident and which is essential for the preservation of life and property. If the President determines that such work is essential for the preservation of life and property, the President shall grant such request to the extent the President determines practicable. Such emergency work may only be carried out for a period not to exceed 10 days.
I have called the Governor's office for a list of all requests for federal aid by State Operations Officer Art Jones. They have yet to get back to me. If he did make a specific request under a provision like the one above, this is obviously the Administration's fault. If he didn't, things are more ambiguous. However, the list of requests is crucial.
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