--- title: Should Donald Trump Have Power to Launch Nuclear Missiles? description: The Senate Committee on Foreign Relations held a hearing over whether Donald Trump should have sole power to launch nuclear weapons. canonical: https://time.com/5024035/donald-trump-nuclear-weapons-authority/ author: W.J. Hennigan article:opinion: false article:content_tier: free article:published_time: 2017-11-14T19:46:19.000Z article:modified_time: 2023-12-13T00:19:05.000Z article:section: Politics og:title: Should Trump Have the Sole Power to Launch Nuclear Missiles? og:description: Senators debated the question in a hearing Tuesday. og:url: https://time.com/5024035/donald-trump-nuclear-weapons-authority/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt425533434f243671/6988b96f656a3f4d2cbceb60/trump-week-3-4.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9 og:image:width: 2560 og:image:height: 1440 og:image:alt: A military aide carries the "football" as Trump departs the White House in Washington og:type: article twitter:card: summary_large_image twitter:title: Should Trump Have the Sole Power to Launch Nuclear Missiles? twitter:description: Senators debated the question in a hearing Tuesday. twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt425533434f243671/6988b96f656a3f4d2cbceb60/trump-week-3-4.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9 video:duration: 02:36 video:published: 2017-11-14 section: politics topics: nuclear weapons, presidential authority, military law, nuclear first strike, presidential temperament, alliance commitments, nuclear deterrence, North Korea genre: news, congressional hearing tones: serious, cautionary, analytical emotions: concern (high), anxiety (medium), caution (medium) sentiment: negative audience: policy followers, general news readers, national security observers people: Donald Trump organizations: United States military, Senate content_suitability: war [00:00-02:36]; politics [00:00-02:36] transcript_source: publisher captions transcript_reviewed: not applicable ---  # Should President Trump Have the Sole Power to Launch Nuclear Missiles? > Sponsored content. 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Amid concerns over President Trump’s temperament, a Senate panel examined Tuesday the question of whether the president should have the sole power to launch a nuclear strike._ Description, summary, key points, chapters, key quotes, questions and transcript, where present, were produced automatically from the video or its captions and were not reviewed. ## Summary A Senate panel examines whether a U.S. president should have sole authority to order a nuclear strike, with the speaker arguing that the military must refuse orders that are illegal under principles of necessity, distinction and proportionality. The discussion turns to concerns about the president's temperament and decision-making. The speaker then warns that doubts about U.S. defense commitments could push allies toward their own nuclear deterrents and could encourage miscalculation by adversaries, citing North Korea specifically. ## Key points - The U.S. military does not blindly follow orders, and a presidential order to use nuclear weapons must be legal. (00:00) - Military necessity, distinction, and proportionality apply to nuclear weapons just as they do to every other weapon. (00:02) - If an order is illegal, the military is obligated to refuse to follow it. (00:39) - Determining whether an order is illegal would be a very difficult process and conversation. (00:52) - Concern is raised that the president may be unstable and volatile and could order a nuclear strike out of step with U.S. national security interests. (01:04) - Allies who rely on U.S. defense assurances are watching, and doubt about U.S. commitments could lead them to pursue their own deterrent capability. (01:40) - Doubt about U.S. political willingness to honor commitments could make the world more dangerous, not less. (01:59) - Adversaries could miscalculate if they believe U.S. politics would prevent the Commander in Chief from acting quickly, with North Korea a particular concern. (02:12) ## Chapters - [00:00 to 00:39] Legality of nuclear orders. The speaker explains that military nuclear orders must be legal and that illegal orders must be refused. - [00:39 to 01:04] Refusing illegal orders. The discussion turns to how the military would decide an order is illegal and the difficulty of that process. - [01:04 to 01:40] Concerns about presidential temperament. Concern is voiced that the president's volatility could lead to a nuclear strike against U.S. interests. - [01:40 to 02:36] Allies and adversaries. The speaker warns that doubts about U.S. commitments could spur allied proliferation and encourage adversary miscalculation, citing North Korea. ## Key quotes - [00:00] interviewer: "I think it's important to remember that the United States military doesn't blindly follow orders." - [00:39] interviewer: "If there is an illegal order presented to the military, the military is obligated to refuse to follow it." - [01:04] interviewer: "We are concerned that the president of the United States is so unstable." - [01:40] interviewer: "Our allies who rely on US defense assurances are watching" - [02:12] interviewer: "I also think our adversary's are watching" ## Questions this video answers - Does the U.S. military have to follow a presidential order to use nuclear weapons? [00:00] - What legal principles apply to the use of nuclear weapons? [00:02] - What should the military do if presented with an illegal order? [00:39] - Why is there concern about the president's decision-making on nuclear strikes? [01:04] - How could doubts about U.S. defense commitments affect allies? [01:40] - How could adversaries misjudge U.S. response to a crisis? [02:12] ## Content suitability - war [00:00-02:36]: Discussion of nuclear strikes and nuclear first-strike scenarios. - politics [00:00-02:36]: Debate over presidential authority and the president's temperament.  by [W.J. Hennigan](https://time.com/author/w-j-hennigan/)  ## W.J. Hennigan Updated: Dec 13, 2023 12:19 AM UTCPublished: Nov 14, 2017 7:46 PM UTC Amid concerns over President Trump’s temperament, a Senate panel examined Tuesday the question of whether the president should have the sole power to launch a nuclear strike.  by [W.J. Hennigan](https://time.com/author/w-j-hennigan/)  ## W.J. Hennigan Updated: Dec 13, 2023 12:19 AM UTCPublished: Nov 14, 2017 7:46 PM UTC Amid concerns over President Trump’s temperament, a Senate panel examined Tuesday the question of whether the president should have the sole power to launch a nuclear strike. The exceedingly rare hearing by the Senate Foreign Relations Committee came after Trump threatened North Korea with military force, including his declaration that Pyongyang would be met with [“fire and fury like the world has never seen.”](http://time.com/4893220/trump-fire-fury-truman-rain-ruin/) The authority to launch a nuclear strike has remained with the White House since President Truman ordered dropping atomic bombs over Hiroshima and Nagasaki during World War II. Indeed, a military aide shadows the commander in chief day and night, carrying the black briefcase commonly referred to as the “nuclear football,” packed with attack options and other information needed in a national emergency. The decision to launch a nuclear attack is made by the president, relayed to the nation’s top uniformed military officer, known as Chairman of the Joint Chiefs of Staff, before it sent down the chain of command, [according to military documents](http://www.doctrine.af.mil/Portals/61/documents/Annex%5F3-72/3-72-D30-NUKE-OPS-NC3.pdf?ver=2017-09-19-161641-350). The order from the president would unleash the world’s most powerful nuclear arsenal either through a fleet of strategic bombers or missile-launching submarines or land-based intercontinental ballistic missiles. The quick-reaction system was designed during the Cold War to put the nuclear forces on hair-trigger alert, given that a Soviet Union attack could obliterate the nation’s defenses – and leadership – in 30 minutes or less. Many in Congress believe there should be a mechanism for the president to get their approval before launching. The issue is particularly concerning to Congress because of [heightened tensions with North Korea](http://time.com/4990835/north-korea-nuclear-tests-geology/) and the war of words between the nations’ leaders. An American preemptive nuclear attack on Pyongyang would almost certainly result in the deaths of millions due to a strike and North Korean counterattack against regional allies Japan and South Korea. **Read More:** [_Here’s What Donald Trump Has Said About Nuclear Weapons_](http://time.com/4437089/donald-trump-nuclear-weapons-nukes/) Republican Sen. Bob Corker of Tennessee, the powerful chairman of the Senate Foreign Relations Committee, said during the hearing was needed for Congress to explore “the realities of this system.” “Making the decision to go to war of any sort is a heavy responsibility for our nation’s elected leaders,” Corker said. “And the decision to use nuclear weapons is the most consequential of all.” He said it was the first time a hearing on the topic had taken place since 1976, which was after it became known that President Nixon was frequently drunk and depressed in the waning days of his administration. Corker publicly questioned Trump’s decision-making abilities last month when he expressed concern over the president’s heated rhetoric that, in his view, undermined U.S. diplomatic efforts with foreign adversaries and [put the country “on the path to World War III.”](http://time.com/4974241/donald-trump-bob-corker-republican-party/) Democratic Sen. Chris Murphy of Connecticut seemed to agree during the hearing when he addressed the panel. “We are concerned that the President of the United States is so unstable, is so volatile, and has a decision-making process that is so quixotic that he might order a nuclear weapons strike that is wildly out of step with U.S. security interests,” he said. “So let’s just recognize the exceptional nature of this moment, of this discussion we’re having today.” The Democrats have already drafted a bill that calls for the president to obtain a declaration of war from Congress before he or she can first launch a nuclear strike. It does not have bipartisan support, however, and is unlikely to pass. C. Robert Kehler, the retired Air Force general who commanded U.S. Strategic Command, which oversees the nation’s nuclear arsenal, told the committee there are military checks on the president who orders a nuclear strike if the U.S. is not first under attack. “If there is an illegal order presented to the military, the military is obligated to refuse to follow it,” he said. Brian McKeon, former acting under secretary for policy at the Pentagon during the Obama Administration, told the committee that the president would have to come to Congress for approval in the event of a first strike, but not in the event of a retaliatory strike. Even then, the president is not likely to “make this decision by himself.” “He would require lots of people cooperating with him to make the strike happen,” McKeon said. “They’d be asking questions that would slow down that process.” Stephen Schwartz, a nuclear weapons policy expert and the editor of “Atomic Audit,” which assesses the costs of the U.S. nuclear weapons program, said in an interview that the nation is closer than it ever has been in the post-Cold War era to a miscalculation that could lead to nuclear war. “It boggles the mind that there is not at least one Constitutional office holder that has to be consulted before a nuclear strike is ordered,” he said. “The process was probably necessary during the Cold War, but that time has long passed and now it’s worthy of continued review.” **Correction**: The original version of this story misattributed remarks by Stephen Schwartz at Tuesday’s hearing to C. Robert Kehler. The story has been updated with a correct quote from Kehler. ## Transcript [00:00] I think it's important to remember that the United [00:02] States military doesn't blindly follow orders. A [00:06] presidential order to employ U. S. nuclear weapons [00:09] must be legal. The basic legal principles of military [00:12] necessity, distinction, and proportionality apply to [00:16] nuclear weapons just as they do to every other [00:19] weapon. If you believe that this did not the [00:23] legal test of proportionality even if ordered by the [00:27] President of the United States to use a nuclear first [00:31] strike. You believe that under, because of legalities [00:35] You retain that decision to disobey the Commander in [00:39] Chief? Yes. If there is an illegal [00:43] order presented to the military, the military is [00:46] obligated to refuse to follow it. Now, the question is, [00:49] just the one that you described. Is the process leading [00:52] that determination, and how you arrived. At that and I [00:56] would concede to you that that [01:01] would be a very difficult process and a very difficult [01:04] conversation. We are concerned that [01:09] the president of the United States is so unstable. Is [01:14] so volatile, as a decision making process that is so [01:18] quicksortic, that he might order a nuclear weapon [01:21] strike, that is wildly out of step with US national security [01:25] interest. So let's just recognise the exceptional [01:30] nature of this moment, the discussion that we're having [01:34] today. I wanna say at the outside, this is important [01:37] conversion, but one we should shed lightly on. Our [01:40] allies who rely on US defense assurances are watching [01:44] and if we create doubt in our minds about the [01:47] capability or the willingness of the United States to live [01:49] up to those commitments in any way and I'm not [01:51] claiming that's what anyone's doing. I think you could [01:54] have repercussions that are significant including [01:57] encouraging some of them to perhaps pursue their [01:59] own deterrent capability if they come to doubt our [02:02] political ability under willingness to live up to our [02:05] commitments actually making the world more [02:06] dangerous, not less dangerous. I also think our [02:09] adversary's are watching and I'll get to that part in a [02:12] moment but I think if anyone out there thinks they can [02:14] somehow get away with something because Politics of [02:17] the United States would prevent the Commander in [02:18] Chief from acting expeditiously. That could also [02:21] encourage miscalculation, particularly on behalf of [02:24] people that isolated from the world, don't get a lot of [02:28] information, have never had anyone tell them they're [02:30] wrong, or no. And I have one person in particular, in [02:34] North Korea, that concerns me in that regard. ```json [{"@context":"https://schema.org","@type":"NewsArticle","@id":"https://time.com/5024035/donald-trump-nuclear-weapons-authority/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/5024035/donald-trump-nuclear-weapons-authority/"},"headline":"Should President Trump Have the Sole Power to Launch Nuclear Missiles?","datePublished":"2017-11-14T19:46:19.000Z","dateModified":"2023-12-13T00:19:05.000Z","description":"The Senate Committee on Foreign Relations held a hearing over whether Donald Trump should have sole power to launch nuclear weapons.","url":"https://time.com/5024035/donald-trump-nuclear-weapons-authority/","keywords":["Donald Trump","Military","Congress","White House","Nuclear Weapons"],"thumbnailUrl":"https://static.time.com/v3/assets/bltea6093859af6183b/blt425533434f243671/6988b96f656a3f4d2cbceb60/trump-week-3-4.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","author":[{"@type":"Person","name":"W.J. 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