Re-read my comment and the one I was replying to. Bush is the "he" I was talking about. He has the formal authority to command the NG under war or national emergency.
You are playing fast and loose with some very clear laws. Bush can mobilize the Naitonal Guard for war or national emergencies. The real problem, however, is the law and order issue and there he is powerless under Posse Comitatus. The Governor had to act. Period.