Newfie wrote:I suppose he is correct. I found the overall article disjointed.
Does someone here have more info on explicitly what presidential directive he is talking about?
I know of no such Presidential Directive. If one existed it would be in violation of the "Posse Comitatus" act. This is a Federal Law enacted in 1892 following the Reconstruction period after the War of Northern Aggression. The law was revised in 1981. It bans the use of Federal Military Troops to enforce state laws or to enforce order during an insurrection. The 1981 revisions allow US state governors to order the National Guard (which are in fact Federal Troops) from their own state to act in Law Enforcement or Disaster Relief roles in either their own state or in a neighboring state after a request from the governor of that state.
The only military service exempted from Posse Comitatus is the US Coast Guard, which is part of Homeland Security during peacetime (it was part of the US Treasury Department prior to 9/11 after which Homeland Security was formed). The USCG has dual military and law enforcement roles in peacetime. During time of war, control of the USCG passes to the Department of Defense, and it is then subject to Posse Comitatus. Therefore the USCG law enforcement roles (but not search and rescue) are assumed by Border Patrol and US Customs Service during wartime.
During hurricane Katrina in 2005, POTUS G.W. Bush ordered several National Guards from several states, some as far away as California, to respond and provide disaster relief services in New Orleans under control of FEMA, and they immediately did so. Lawsuits were subsequently filed by several states, and this was quickly ruled a violation of Posse Comitatus. Bush then appointed a USCG Admiral to assume control of the Katrina relief efforts - including control of National Guard units - in Louisiana and other states, and by a narrow Federal Appellate Court decision, this was found legal because the USCG was acting in a Law Enforcement role.
When the Deepwater Horizon oil spill occurred in 2010, POTUS Obama attempted to dispatch several National Guard units and was uniformly rebuffed by four state governors, who then issued their own orders to dispatch the same NG resources to the same places to perform the same oil cleanup tasks. Obama then ordered the US Navy to join the cleanup and it responded and this was also deemed a violation of Posse Comitatus, long after the fact.
I know of no Presidential Directives or Executive Orders that change any of the above. I believe they would be illegal, Posse Comitatus is Federal Law. I also believe that the precedents above show that any military troops are likely to respond to any mission the POTUS orders them on, and the subsequent legal maneuverings between the POTUS and the state governors will happen later.