Why troop deployment on Katrina was delayed

The Grey Lady has a good, balanced article on why deployment to Louisiana of troops were delayed as the situation deteriorated in New Orleans last week. [One must give credit where its due even if it is the NY Times.]

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.

The debate began after officials realized that Hurricane Katrina had exposed a critical flaw in the national disaster response plans created after the Sept. 11 attacks. According to the administration's senior domestic security officials, the plan failed to recognize that local police, fire and medical personnel might be incapacitated.

As criticism of the response to Hurricane Katrina has mounted, one of the most pointed questions has been why more troops were not available more quickly to restore order and offer aid. Interviews with officials in Washington and Louisiana show that as the situation grew worse, they were wrangling with questions of federal/state authority, weighing the realities of military logistics and perhaps talking past each other in the crisis.

To seize control of the mission, Mr. Bush would have had to invoke the Insurrection Act, which allows the president in times of unrest to command active-duty forces into the states to perform law enforcement duties. But decision makers in Washington felt certain that Ms. Blanco would have resisted surrendering control, as Bush administration officials believe would have been required to deploy active-duty combat forces before law and order had been re-established.
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But just as important to the administration were worries about the message that would have been sent by a president ousting a Southern governor of another party from command of her National Guard, according to administration, Pentagon and Justice Department officials.

"Can you imagine how it would have been perceived if a president of the United States of one party had pre-emptively taken from the female governor of another party the command and control of her forces, unless the security situation made it completely clear that she was unable to effectively execute her command authority and that lawlessness was the inevitable result?" asked one senior administration official, who spoke anonymously because the talks were confidential.

Officials in Louisiana agree that the governor would not have given up control over National Guard troops in her state as would have been required to send large numbers of active-duty soldiers into the area. But they also say they were desperate and would have welcomed assistance by active-duty soldiers.
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Aides to Ms. Blanco said she was prepared to accept the deployment of active-duty military officials in her state. But she and other state officials balked at giving up control of the Guard as Justice Department officials said would have been required by the Insurrection Act if those combat troops were to be sent in before order was restored.

In a separate discussion last weekend, the governor also rejected a more modest proposal for a hybrid command structure in which both the Guard and active-duty troops would be under the command of an active-duty, three-star general - but only after he had been sworn into the Louisiana National Guard.
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Attorney General Alberto R. Gonzales urged Justice Department lawyers to interpret the federal law creatively to help local authorities, those officials said. 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 had authority to move in even over the objection of local officials.

The right move here, in my view and in retrospect, was to send the troops in and worry about recriminations later but Times illustrates the significant legal issues involving the equivalent of nationalizing the Louisiana Guard.