Emails, and the chain of command

According to Newsweek, Americans were emailing Pence and asking him to remove Trump from office by using the 25th Amendment. So? Which Americans? Why does that matter?

Now knowing what we know about Milley telling military leaders to ignore the President’s orders, Trump had already been removed from office in all but name. That was why Pence was the one ordering the National Guard into the Capitol.

Because the Washington, DC area is a Federal District, the General in charge of the unit answers only to the President of the United States. This authority to activate the D.C. National Guard has been delegated by the President, to the Secretary of Defense, who has further delegated to the Secretary of the Army.  Note that the Chairman of the Joint Chiefs is not anywhere in that chain of command, nor is the Vice President.

The D.C. National Guard is the only National Guard unit, out of all of the 54 states and territories, which reports only to the President. Any orders given to the Commanding General of the Washington, DC National Guard by any other entity or individual are not lawful orders. Why is that important?

On January 6 at 3:30 pm, Vice President Pence ordered the activation of the DC National Guard.  The Vice President is nowhere in the military chain of command, and as I pointed out, doesn’t have the power to order the DC national guard to do anything. Anyone who obeyed these orders was doing so without lawful authority. Those orders were not lawful orders.

No matter who sent emails to the Vice President.