Read on Twitter
Short of removing Trump from office, there is no legal remedy that either CJCS or the Speaker of the House can take to prevent the president from issuing a valid and legal order to use nuclear weapons.
It’s how we designed the system. We could change it, of course. https://twitter.com/JakeSherman/status/1347585466628009991
It’s how we designed the system. We could change it, of course. https://twitter.com/JakeSherman/status/1347585466628009991
When the system fell into place (because, let’s be real, ”design” may be generous), American leaders saw it necessary for the president to have the ability to rapidly launch nuclear weapons without unnecessary encumbrance. The president’s “sole authority” has persisted unchanged.
Here’s a short primer on these issues. https://crsreports.congress.gov/product/pdf/IF/IF10521
If there’s a way in which the American presidency is effectively monarchical and absolute, it’s this one.
This is the crux of contemporary debates, but it’s fairly unambiguous: *if* an order is both valid and legal (as per LOAC and UCMJ, which US says it will adhere per 2018 Nuclear Posture Review), then refusing to carry it out is mutinous. https://twitter.com/DianaVGalbraith/status/1347597826377674752
So, we might imagine a valid order from Trump to deliver a nuclear weapon to—say—Toronto: obviously illegal. But—say—an order to deliver an earth-penetrating B61 to Fordow in Iran? That would likely clear LOAC review and be executed by the
National Military Command Center.
National Military Command Center.
Good question. For “adversaries” (defined as Russia, China, Iran, and North Korea), the legal review of approved “strike packages” is done during peacetime—so when necessary, the president can be presented with legal options to employ. https://twitter.com/Jschmuck2/status/1347600159488700417
Getting lots of QTs/replies from folks that this thread is alarmist and wrong. It’s not, but if you’re really that unsettled by all this (which is reasonable!), consider calling your representative and senators and advocating for change.
Practically speaking, I don’t think Trump *will* use nuclear weapons (I try not to predict what he’ll do). If he did, I suspect that would quickly shift intra-cabinet opinions on the appropriateness of invoking his unfitness to serve under the 25th Amendment.
