The Lawfare Podcast Lawfare Archive: Domestic Deployment of the National Guard
Aug 23, 2025
Joseph Lengyel, former Chief of the National Guard Bureau, and Craig McKinley, the 26th Chief of the Guard, join notable officials like Allyson Solomon and Daryl Bohac to discuss the evolving role of the National Guard in domestic affairs. They explore unconventional deployments, particularly during the 2024 election year, highlighting legal complexities and implications for democracy. The conversation touches on the importance of civil control, potential legislative reforms, and the challenges of maintaining an apolitical stance in the Guard's increasingly diverse missions.
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Three Distinct Guard Statuses
- The National Guard wears multiple hats: Title 10, Title 32, and state active duty, each with different command, funding, and legal regimes.
- Mixing these statuses in the same operation creates confusion about command, rules of engagement, and legal authorities.
Nontraditional Missions Create Operational Risk
- Non-traditional missions like school teaching, prison guarding, and border enforcement deviate from Guard training and create operational risk.
- One-off missions strain coordination, funding, and unit cohesion when forces lack relevant training and unified rules.
Sustained State Missions Undermine Readiness
- Repeated, long-duration state missions hurt readiness, morale, and retention for citizen-soldiers juggling civilian jobs.
- Overuse for non-core tasks risks degrading the Guard’s role as the operational reserve for the Army and Air Force.