It’s at https://www.dscho.com/threadbare/
Ugh. I keep seeing people say this, and… don’t count on it making a difference. It’s a legal principle that comes into play in prosecution https://t.co/YijnWJOGEM
In the heat of the moment, military protocol, training, and instinct are: all orders are lawful orders.
There might be a context where someone says “[ORDER]” and the recipient is free to say, “Sir, I believe that’s unlawful.” “Well, okay.”…
…but do not, do not, do not count on that to be the guardian angel that saves us from a live fire exchange, especially a nuclear one.
Our entire nuclear apparatus is built in the cold war mindset where anyone stopping to question the orders KILLS EVERYONE ON THE PLANET.
A lot of our generals and admirals, even if they think the launch is wrong, would authorize it because they see the alternative as worse.
Because the alternative is, they create a precedent where individual conscience can override “the ultimate deterrent”.
At which point it ceases to be “the ultimate deterrent”.
Complicating all this?
The president’s nuclear strike authorization is not an unlawful order.
A lot of people say, “Don’t worry, Mattis has to verify it!” All he’s empowered to do under law is verify the identity of the issuer.
If Mattis refuses to ceritfy a nuclear strike because he disagrees with it, then he, not Trump, is in violation of the law.
“But he could trigger the 25th Amendment!”
No career military general will start the precedent that using nuclear force = unfit for command
We had close calls during the Cold War, times when a false positive almost triggered nuclear war.
But what we’ve never had a test of is, the president of the United States just straight-up ordering a missile strike.
If someone refuses to launch in that situation, it’s not reactive. The crisis won’t pass. They will be relieved and someone else will launch
And if the replacement refuses, it just goes up the chain. Sooner or later we have a nuclear strike or a military coup.
Because if the president’s trying to get a nuke off during relative peacetime, either the whole military refuses the order, or it happens.
And my guess is: it happens. Because what’s the brass going to imagine China will do if it gets wind of what’s going on?
You can’t have China finding out that the commander in chief is trying to nuke them and hope they’ll wait to see if we can overthrow him.
Which, again, is what it would come down to. No one’s got the lawful authority to countermand the president on nuclear force.
So if he orders a nuclear strike not based on a radar shadow or anything else that can be debugged and debunked… trust it’s happening.
Previous launches were averted because they were based on data that could be questioned. A direct order is not data.
This, by the way, is 90% of the reason I would rather have Trump gone and Pence as president. We’d still have to fight him just as hard…
…but we’d have a reasonable assurance he would trigger a nuclear inferno because he’s feeling extra put-upon today.
Trump’s reasons for doing almost anything are not falsifiable. They can’t be disproven. They can’t be argued against or reasoned with.
If he gives the order to light up China, “let’s wait a few minutes to see if we can get sensor confirmation.” isn’t going to save us.
The military will either find someone to turn the key or relieve Trump of command.
Which would be a coup.
And the coup would be better!
But unlikely.
And it would herald terrible things for our future.
Sorry for the downer thread, babies. This is never far from my mind, though I prefer not to dwell on it.
But “Don’t worry! The world court says we don’t have to follow unlawful orders.” is not going to save us from Trump’s nuclear ambitions.
https://www.dscho.com/threadbare