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Edited on Mon Apr-12-04 11:02 PM by boloboffin
Let's look at this document up close, and see if it says what you say it says.
On the very first page, we read:
Aircraft Piracy (Hijacking) of Civil and Military Aircraft. Pursuant to references a and b, the Administrator, Federal Aviation Administration (FAA), has exclusive responsibility to direct law enforcement activity related to actual or attempted aircraft piracy (hijacking) in the “special aircraft jurisdiction” of the United States. When requested by the Administrator, Department of Defense will provide assistance to these law enforcement efforts. Pursuant to reference c, the NMCC is the focal point within Department of Defense for providing assistance. In the event of a hijacking, the NMCC will be notified by the most expeditious means by the FAA. The NMCC will, with the exception of immediate responses as authorized by reference d, forward requests for DOD assistance to the Secretary of Defense for approval. DOD assistance to the FAA will be provided in accordance with reference d. Additional guidance is provided in Enclosure A.
This says:
When an airplane is hijacked, the Administrator of the FAA is the boss. That's what "exclusive responsibility to direct law enforcement activity" means.
When the boss asks the Department of Defense for help, the DOD will provide it.
All requests for help will go through Rummy's office with the exception of immediate responses as authorized by reference d.
What's reference d? According to page 17 of the .pdf, it's DOD Directive 3025.15, 18 February 1997, “Military Assistance to Civil Authorities”. The text of that directive is found here:
www.dtra.mil/news/deskbook/full%20text%20documents/Agencies%20Documents/DODD-3025.15.pdf
What does this say about immediate responses?
On page 3:
With the exception of immediate responses under imminently serious conditions, as provided in paragraph 4.7.1., below, any support that requires the deployment of forces or equipment assigned to a Combatant Command by Secretary of Defense Memorandum (reference (j)), must be coordinated with the Chairman of the Joint Chiefs of Staff.
What does paragraph 4.7.1 say?
4.7.1. Immediate Response. Requests for an immediate response (i.e., any form of immediate action taken by a DoD Component or military commander to save lives, prevent human suffering, or mitigate great property damage under imminently serious conditions) may be made to any Component or Command. The DoD Components that receive verbal requests from civil authorities for support in an exigent emergency may initiate informal planning and, if required, immediately respond as authorized in DoD Directive 3025.1 (reference (g)). Civil authorities shall be informed that verbal requests for support in an emergency must be followed by a written request. As soon as practical, the Component or Command rendering assistance shall report the fact of the request, the nature of the response, and any other pertinent information through the chain of command to the DoD Executive Secretary, who shall notify the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and any other appropriate officials. If the report does not include a copy of the civil authorities’ written request, that request shall be forwarded to the DoD Executive Secretary as soon as it is available.
Does scrambling planes to intercept hijacked aircraft fall under this definition?
Well, yeah.
So keep looking for that order that grounded the aircraft. It may yet be out there, but it's not here.
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