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In the TV Shower Designated Survivor:

A state governor goes rogue and begins rounding up Muslims. Eventually in response, the President orders their state national guard to be federalized, but their commander refuses. The governor is tricked into coming to Washington D.C. where he is arrested. Due to the governor being arrested, would the national guard's commander also be served with an arrest warrant? What charges would he face?

  • Hi Jim, Please edit your question, it appears to be incomplete – BobE Oct 24 '18 at 14:01
  • @BobE The yellow rectangle is "spoiler" text. Hover your mouse over it. If someone wants to watch "Designated Survivor" but has not yet done so, the question would spoil the plot for them so they can just move back to the main questions page. – Martin Bonner supports Monica Oct 24 '18 at 14:12
  • Dereliction of Duty possibly... Article 90, 91, and 92 of the Uniform Code of Military Justice would apply. – Ron Beyer Oct 24 '18 at 14:29
  • Please do not answer in comments. The purpose of this space is to clarify the question and provide support. Answers are given a different space for multiple reasons. – Nij Oct 24 '18 at 18:55
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When the President federalizes the National Guard, those troops, including the commander, become subject to federal military law:

10 USC 12405: Members of the National Guard called into Federal service are, from the time when they are required to respond to the call, subject to the laws and regulations governing the Army or the Air Force

So the commander has now failed to obey a lawful order, in violation of Article 92 of the Uniform Code of Military Justice . He can be arrested and tried at a (federal) court-martial. In general a court-martial can impose sentences up to life imprisonment (the death penalty is available in some cases but not this one, as far as I can tell). The law says that the President can prescribe other maximum and minimum limits but I couldn't find whether that has been done for this crime.

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