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Originally Posted by JJ_BPK
Why will 10 state Governors report to the Defense Department,, Comrades???
Posse Comitatus is out the door...
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Barring Title 10 action it has not applied to NGB elements anyhow. From a military standpoint I look to our National Guard brethren on how this all sounds. At the call of the SECDEF and to provide views, information, or advice.....
My impression is that the Govenors are not very quick to give up their assets.
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This includes the following forms of active service:
o State Active Duty (SAD). The Governor can activate National Guard personnel to “State Active Duty” in response to natural or man-made disasters or Homeland Defense missions. State Active Duty is based on State statute and policy as well as State funds, and the Soldiers and Airmen remain under the command and control of the Governor. A key aspect of this duty status is that the Posse Comitatus Act (PCA) does not apply.
o Title 32 Full-Time National Guard Duty. “Full-time National Guard duty” means training or other duty, other than inactive duty, performed by a member of the National Guard. Title 32 allows the Governor, with the approval of the President or the Secretary of Defense, to order a member to duty for operational HLD activities IAW the United States Code (USC):
The key to state active service is that Federal Law provides the Governor with the ability to place a soldier in a full-time duty status under the command and control of the State but directly funded with Federal dollars. Even though this duty status is authorized by Federal statute, this section is a statutory exception to the Posse Comitatus Act; the Governor may use the Guard in a law enforcement capacity; and the chain of command rests within the State.
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