Ex-General: Nuclear Launch Order Can be Refused

(14 Nov 2017) A former senior U.S. military officer says an order from the president to launch nuclear weapons can be refused if that command is determined to be illegal.
Retired Air Force Gen. Robert Kehler told the Senate Foreign Relations Committee on Tuesday the U.S. armed forces are obligated to follow legal orders, not illegal ones.
Kehler served as commander of Strategic Command from January 2011 to November 2013.
He says the legal principles of military necessity, distinction, and proportionality also apply to decisions about the use of nuclear weapons.
Sen. Ben Cardin of Maryland asked Kehler if that means the top officer at Strategic Command can deny the president's order if it fails those tests.
Kehler says, "Yes." But he says that would lead to a "very difficult conversation."
Kehler said the nuclear weapons command and control system is tightly structured to avoid the unauthorized, accidental, or inadvertent use of the U.S. atomic arsenal.
The hearing comes as the threat of nuclear attack from North Korea remains a serious concern. President Donald Trump's taunting tweets aimed at Pyongyang have sparked concerns primarily among congressional Democrats that he may be inciting a war with North Korea.
"We are concerned that the president of the United States is so unstable, is so volatile, has a decision making process that is so quixotic that he might order a nuclear weapon strike that is wildly out of step with U.S. national security interests," said Democratic Senator Chris Murphy of Connecticut.
But Florida Republican Senator Marco Rubio warned lawmakers to "tread lightly" on the issue, saying U.S. "adversaries are watching."
Sen. Bob Corker, the Foreign Relations Committee chairman, said the panel's hearing on the president's authority to use nuclear weapons isn't a rebuke of President Donald Trump.
The hearing marked the first time in 41 years the committee looked specifically at nuclear weapons use.

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