Fact check: Can national guard members be arrested for following orders?

1. Summary of the results

The legal situation regarding arrests of National Guard members is complex but generally provides strong protections for service members following orders. Courts are historically very reluctant to allow civilians to bring legal claims against military personnel ^[1]. This protection was reinforced by the Supreme Court case Perpich v. DOD, which established that National Guard members can be ordered to federal duty without state governor consent ^[2].

2. Missing context/alternative viewpoints

Several crucial pieces of context are missing from the original question:

• Military personnel have a dual obligation to obey lawful orders while also being required to disobey "manifestly" or "patently" illegal orders ^[3]
• National Guard members face significant legal restrictions when operating domestically - they cannot perform law enforcement functions without specific authorization, such as through the Insurrection Act ^[4]
• There are jurisdictional complexities due to the National Guard's unique status, especially when state governors issue directives that conflict with federal orders, as demonstrated during the COVID-19 vaccine mandate disputes ^[5]

3. Potential misinformation/bias in the original statement

The original question oversimplifies a complex legal framework by suggesting a simple yes/no answer is possible. Important nuances include:

• The question implies that "following orders" is a simple concept, when in reality military personnel must navigate between lawful and unlawful orders ^[3]
• While National Guard members generally cannot be arrested for following legitimate orders, they are in a "legally risky position" when deployed domestically ^[4]
• The jurisdictional structure creates potential conflicts between state and federal authority, making accountability mechanisms complex but not impossible ^[5]

This complexity benefits various stakeholders:

• State governors benefit from maintaining authority over their National Guard units
• Federal military leadership benefits from clear command authority over nationalized Guard units
• Legal institutions maintain flexibility in determining accountability in complex situations