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Constitutional experts and lawmakers have praised the adjutant general of Arizona for questioning the authority used to employ the National Guard from around the country to defend the nation’s capital this month.
Maj. Gen. Michael McGuire, the Arizona National Guard’s top officer, wrote the chief of the National Guard Bureau earlier this month questioning the legal authority for the mission, which involved more than 25,000 Guard soldiers and airmen from all 54 states, territories and the District of Columbia.
“Arizona has worked diligently to find appropriate legal authority to support the provision of National Guard members in direct support of current law enforcement efforts in the District of Columbia,” McGuire wrote. “We have been unable to find such authority.”
McGuire is chairman of the NGAUS board, but he wrote the letter in his role as Arizona adjutant general.
His state provided four explosive ordnance disposal personnel in Title 10 status, administrative and food service personnel in Title 32 status and military airlift to support the D.C. mission. But McGuire balked at sending a full 6% of his state’s Guard force to D.C.
“To date, I have not received and am unaware of any written declaration or order, from the President of the United States, authorizing this civil disturbance operation,” he wrote. “In addition, I have not been provided sufficient explanation, from the National Guard Bureau or Department of Defense, regarding the legality of National Guard members, in Title 32 USC 502(f)(2)(A) status, under the control of the Secretary of Defense, Secretary of the Army, and Commanding General of the District of Columbia (all federal officials) to provide direct support to civilian law enforcement including the performance of law enforcement activities.”
“Such activity appears to be contrary to existing law and regulation including the Posse Comitatus Act (18 U.S.C. § 1385), DoDD 3025.18, and DoDI 3025.21,” McGuire added.
He wrote that the state’s legal concerns were reviewed by the Defense Department, who elected not to follow its existing policy and regulation on the subject.
The letter has drawn praise from numerous outside observers, including Jeff Utsch, an instructor at the Leadership and Freedom Center in Gettysburg, Pennsylvania.
Utsch told the Arizona Daily Independent News Network that he was grateful McGuire was asking questions about the use of the Guard.
“This is how the Constitution is defended and this is how someone who has taken the oath of office acts when asked to do something outside the bounds of delegated authority,” he said.
He also questioned screening the social media pages of the Guard soldiers and airmen deployed to D.C. for the inauguration.
The full article and letter are available online.
