The instant they become federalized they fall under the Army, for National Guardsmen, and the Air Force, for Air National Guardsmen. If they refuse a direct order from the president they will be charged with disobeying a direct order and will get at minimum an general OTH discharge and any rogue officers would probably face a general court martial and be looking at a significant amount of time in Leavenworth followed by a bad conduct or dishonorable discharge.
Well yeah, that’s the way it’s supposed to work. But in a situation where a significant portion refuse on the Governor’s request they’ll likely just be transferred to a state militia with a promise the state will cover their lost benefits. Any federal attempt to arrest them for desertion will meet the state police and militia guarding the guys.
In short it’s a real quick way to actually kick off a civil war. That doesn’t mean Biden can’t do it. He just can’t fuck it up if he does.
The instant they become federalized they fall under the Army, for National Guardsmen, and the Air Force, for Air National Guardsmen. If they refuse a direct order from the president they will be charged with disobeying a direct order and will get at minimum an general OTH discharge and any rogue officers would probably face a general court martial and be looking at a significant amount of time in Leavenworth followed by a bad conduct or dishonorable discharge.
Well yeah, that’s the way it’s supposed to work. But in a situation where a significant portion refuse on the Governor’s request they’ll likely just be transferred to a state militia with a promise the state will cover their lost benefits. Any federal attempt to arrest them for desertion will meet the state police and militia guarding the guys.
In short it’s a real quick way to actually kick off a civil war. That doesn’t mean Biden can’t do it. He just can’t fuck it up if he does.