It’s governed by various sections of the DC Code: Under 49-405 and 409, the CINC is the President, and he has the power to activate and order out the Guard.
Under DC Code 49-103, the Mayor, US Marshal, or the National Capital Service Director of the NPS may request that the CINC order out the Guard to suppress riots, whereupon the CINC “ shall thereupon order out so much and such portion of the militia as he may deem necessary.” The President must honor such a request, but he can order them out on his own without a request under 405.
Under Executive Order 11485, signed by Nixon in 1969, the President delegated much of his power as CINC to SecDef, including the power to “supervise, administer, and control” the Guard and, subject to the President’s direction, may “order out” the Guard to “aid the civil authorities of the District.”
So, the civil authority is SecDef as delegee of the President. One thing that isn’t clear to me, due to outdated reference on the EO to a now-recodified section of the DC Code, is whether SecDef can order out the Guard on his own under section 405 or requires a request under 103.
“Under Executive Order 11485, signed by Nixon in 1969, the President delegated much of his power as CINC to SecDef, including the power to ‘supervise, administer, and control’ the Guard and, subject to the President’s direction, may ‘order out’ the Guard to ‘aid the civil authorities of the District.’
“So, the civil authority is SecDef as delegee of the President. One thing that isn’t clear to me, due to outdated reference on the EO to a now-recodified section of the DC Code, is whether SecDef can order out the Guard on his own under section 405 or requires a request under 103.”
Ah, thanks for the clarification. So, it could very well be that Pelosi and friends went directly to SecDef, and completely bypassed POTUS.