'This is a political grenade rolling around the kitchen floor and we don’t know where it’s going to stop,' a military law expert said.
Congress established a dual structure for the National Guard, under which members of the Guard answer to both the president and to their state’s governor.
When activated by the president, however, the Guard serves under Title 10 of the U.S. code and takes orders from the president and federal government. Examples would include overseas training or military service, as in Iraq and Afghanistan.On Saturday, Mancino said that Gov. Stitt and his chain of command are the only people who can give Oklahoma Guard members a"lawful" order while on state duty.
"The Secretary of Defense, as well as the service secretaries, have the authorities to establish readiness requirements for all members of the Department of Defense and that includes the National Guard in a Title 32 status,” Kirby said during a Pentagon briefing. “So the Secretary has the authorities he needs to require this vaccine across the force, including the National Guard.”
Another option, said Fidell, would be for the Pentagon to punish the individual Guard members for obeying the orders issued by their state chain of command. The Pentagon would withdraw the federal recognition of the individual service members, Fidell explained, meaning they would remain in the Guard but not have the federal reservist status that they need for promotion and retirement requirements and to get paid.
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