Isn’t a Federal call up of the NG a military matter?
If so, is the Governor even in the chain of command?
And, if so, and she contravenes orders, could she wind up “in the brig?”
I think, if I’m reading it right, he can do two things:
1. Ask for them .... the Governor activates them, they do whatever needs to be done, under the command of the State and the state is reimbursed
2. Federalize them ... the President takes control of them as Commander in Chief and they fall directly under the Pentagon and Mattis.
I believe he chose Option 1, for now.
If Guards are activated (called up) then they work for the active duty forces and their chain of command is to the CiC. The Governor is only in charge when they remain states militia. She can try to contravene the order, but she is then attempting to put the soldiers in jeopardy with their national chain of command. Soldiers failing to honor the National authority would be subject to UCMJ discipline or court marshal. I would be most guardsman are going to honor the chain of command. Whats the governor going to do? Arrest them for following the law?
... I would BET most guardsman ...