“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 One thing that isn’t clear to me, due to outdated reference on the EO to a now-recodified section of the DC Code, is whether SecDef can order out the Guard on his own under section 405 or requires a request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.
Chairman Milley and I just spoke separately with the Vice President and with Speaker Pelosi, Leader McConnell, Senator Schumer and Representative Hoyer about the situation at the U.S. Capitol. We have fully activated the D.C. National Guard to assist federal and local law enforcement as they work to peacefully address the situation. We are prepared to provide additional support as necessary and appropriate as requested by local authorities. Our people are sworn to defend the constitution and our democratic form of government and they will act accordingly.No President. Now, he didn't need POTUS's authorization and the civilians he spoke with were all actually on the ground at the Capitol. But it does strike me as odd because you would think, legal or not, this might warrant at least a phone call to the President even if that wasn't strictly legally necessary. Maybe one day we'll find out exactly what happened.