Former House Speaker Nancy Pelosi recently made claims about presidential authority over the National Guard that have been widely disputed. She suggested that presidents cannot federalize National Guard troops without a governor’s consent, but that assertion contradicts long-standing U.S. law.
Legal experts point to Title 10 of the U.S. Code, which grants the president the authority to call the National Guard into federal service. While orders are “issued through the governors,” this is an administrative step—not a requirement for consent. Presidents have used this authority in the past, including Lyndon B. Johnson, who federalized Alabama’s National Guard to enforce civil rights protections.
Matt Margolis, writing for PJ Media, emphasized that both federal statute and Supreme Court precedent affirm the president’s authority to act unilaterally when federalizing the Guard. This ensures the president can respond to national emergencies or constitutional violations even if state governors object.
Pelosi also claimed that she and congressional leaders begged President Trump to deploy the National Guard before the January 6th Capitol riot. However, that narrative has been publicly challenged by former Capitol Police Chief Steven Sund, who stated that his efforts to use the D.C. Guard were blocked, not supported.
This contradiction has reignited debate about who was responsible for the lack of National Guard presence on January 6, and whether political interference played a role in delaying security responses during the Capitol breach.
The issue continues to be politically charged, with critics accusing Pelosi of rewriting the timeline and facts to deflect accountability. Legal analysts maintain that presidents hold clear constitutional and statutory authority over the National Guard in federal matters—regardless of state or congressional objections.