#ViewerCall: NY caller asked about law behind nuclear use; @wellerstein "no law in the United States that prohibits use of nuclear weapons."pic.twitter.com/KBZ8AxAlZj
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This has two important consequences: 1. it makes it entirely un-transparent (these procedures seem to have changed quite a bit over the years), and 2. it means that two branches of government (Legislative and Judicial) have had essentially zero input.
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The President always had a 60 day window to enter into a conflict and resolve or remove forces. Nuclear forces can be considered under current law to be a proper Military Option. Grenada is one example of Presidential approval to invade a nation.
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The President was always (and still allowed) to launch our forces towards the former Soviet Union without Congressional approval.
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But your observations that other hostile actors now have dirty bombs and atomic weapons are fact. How can a President launch a legal nuclear response? The truth? Because he’s in office and the civilian leader of our country.
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The Strategic Air Command provides the launch scenarios and practice routine fueling & launch exercises including checking if their silo crews are willing to deploy their assets.
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So, if the President of the United States cannot be trusted to responsibly deploy our conventional and nuclear forces, he should resign or legally removed from office.
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The problem with this approach is 1) an untrustworthy (for whatever reason) President unlikely to resign for that reason, and 2) the means for removing Presidents are slow, purposefully difficult.
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Separately, the "untrustworthiness" of a President may not be obvious at all times, in far advance, etc. And so while I agree that, in general, if you don't trust a President with nukes, you shouldn't allow them to be or remain President, it's not very realistic policy.
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