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Cox and other governors see Pentagon plan as a ‘federalization’ of the National Guard

Brig. Gen. Daniel Boyack, assistant adjutant general-Air, briefs Utah Gov. Spencer Cox on the capabilities of the KC-135R Straotanker on the flight line of Roland R. Wright Air National Guard Base in Salt Lake City, April 28, 2021.
Tech. Sgt. Colton Elliott
/
151st Air Refueling Wing
Brig. Gen. Daniel Boyack, assistant adjutant general-Air, briefs Utah Gov. Spencer Cox on the capabilities of the KC-135R Straotanker on the flight line of Roland R. Wright Air National Guard Base in Salt Lake City, April 28, 2021.

Utah Gov. Spencer Cox isn’t alone in his fierce opposition to a federal legislative proposal that seeks to transfer some Air National Guard members to the U.S. Space Force. Governors from 53 states and territories signed a National Governors Association letter to the Department of Defense objecting to the proposed policy move. Florida Gov. Ron DeSantis and Texas Gov. Greg Abbott sent their own letters criticizing the idea.

During a May 6 news conference with reporters, National Governors Association Chairman Cox, and Vice Chair Democratic Colorado Gov. Jared Polis, discussed their concerns. At the top of their list was the “federalization” of the National Guard and stripping away authority from governors nationwide.

“This is a break with the traditional authority that governors have over National Guard units in our own states, and a dangerous precedent on the slippery slope towards federalization of our state National Guard resources,” Polis said.

Both Polis and Cox said the Department of Defense did not consult with governors before making the request either. To Polis, it’s a power grab from a federal agency that oversteps a governor’s “rightful authority” over the National Guard.

“I would highlight that federal law requires consultation and approval from governors, and the Council of Governors on any decisions to move National Guard units. That has not occurred in this instance.”

While Polis said the majority of Air National Guard space operators “will not transfer to the U.S. Space Force” the association estimates there is a “risk of loss upwards of 80% of personnel in the space domain that is incredibly important for our national security and only becoming more so.” Polis argued the decision would hinder the nation’s “readiness” in the space field and set a “very dangerous precedent” toward restructuring the military.

Cox added the move could also erode trust within the field.

“The airmen in these units signed up to be in the Guard and forcing them to move really violates the trust between our guard members and the Air Force.”

Cox said the association already received a response from Frank Kendall, the Air Force secretary, acknowledging the concerns outlined in the letter. However, Cox said Kendall’s comments “didn’t address the root of the concern that there has been no process to consult with the governors.”

Cox said governors “welcome the opportunity to consult with the Defense Department and Congress” about the situation and matters of national security that directly involve state authority. But he noted that they “urge the Air Force to work with governors to find a better way forward” rather than going directly to Congress.

Members of Congress have also spoken out against the proposal.

The office of Rep. Blake Moore forwarded a bipartisan letter sent to the House and Senate Armed Services Committee to KUER as his statement. In it, 83 lawmakers called the proposal “deeply flawed” and that it would “undermine the National Guard system.” All four of Utah’s Republican House delegation signed the letter.

In a statement to KUER, Rep. Celeste Maloy said “when every governor in the country is opposed to a federal action, it’s a good bet that it’s overreach.” She added the proposal also violates Title 10 of the U.S. Code which limits the transition of National Guard members without gubernatorial consent.

“This is a bad way to staff the Space Force,” Maloy said.

Rep. John Curtis, who’s also campaigning for the Senate, echoed Maloy’s concerns in his statement.

“I am concerned about the precedent that would be set through this legislative proposal because it would pull power from states. I’ve joined a letter with my colleagues to oppose it. There are other and better ways to counter [sic] immerging threats that don’t take this power away.”

Rep. Burgess Owens, Sens. Mike Lee and Mitt Romney did not return KUER’s request for comment.

Saige is a politics reporter and co-host of KUER's State Street politics podcast
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