Call & Times

Can anyone stop Trump from attacking North Korea?

- By JOSH ROGIN

In testimony Monday, top Trump administra­tion officials confirmed that if President Donald Trump decided to strike North Korea, even with a nuclear weapon, there likely would be no way Congress or anyone else would be able to stop him. For at least some in Congress, that's a matter of urgent concern.

Senators on both sides of the aisle pressed Secretary of State Rex Tillerson and Defense Secretary Jim Mattis about whether they believed Trump has the authority to initiate a preemptive or preventive strike on Pyongyang and what exactly would happen if he made that decision. But they left their Senate Foreign Relations Committee hearing without firm answers. Their level of anxiety reflects a real fear that Trump believes he can attack the North even if there is no imminent threat to the United States.

"There is no authorizat­ion for the use of military force against North Korea absent an imminent attack against the United States or against U.S. forces in this region," Sen. Benjamin L. Cardin, Md., the ranking Democrat on the committee, said at the beginning of the ses- sion.

He asked Tillerson and Mattis if they agreed. Tillerson said yes. Mattis said the president has only "Article 2" authority, referring to Trump's constituti­onally mandated duty to protect the nation. Several senators reminded Tillerson and Mattis such authority is interprete­d as authorizin­g the president to use military force only in response to an attack on American citizens or interests, or in the case an attack is "imminent."

The definition of "imminent" is crucial because top Trump administra­tion officials constantly say that Kim Jong Un cannot be allowed to possess the capability to strike the United States homeland with an interconti­nental ballistic missile topped with a nuclear warhead. That red line seems to suggest that Trump might attack when North Korea acquires that capability, not when the regime of Kim Jong Un is actually set to use it.

"We all understand that 'imminent' has some subjectivi­ty," Sen. Tim Kaine, D-Va., told me after the hearing. "But you can't stretch it to mean to prevent them from the ability to attack us sometime in the future."

Pressed by Sen. Chris Murphy, D-Conn., on whether the Trump team would see North Korea's mere possession of such a capability as an "immi- nent" threat, Tillerson said it would have to be a "fact based" analysis at the time.

"The possession could be sitting in an undergroun­d, not ready to be used position. Or possession could be sitting upright ...about to be launched," Tillerson said.

He also said that historical­ly, Article 2 has been used not just to respond to attacks or prevent an imminent attack but also for circumstan­ces that do not rise to the level of a declaratio­n of war.

"And I think that's the circumstan­ce that we have in the peninsula today in North Korea," Tillerson said.

The Trump administra­tion relied on Article 2 when attacking the Assad regime in Syria in April, but Kaine told me that, despite months of pleas, the administra­tion has yet to send Congress any detailed legal justificat­ion for that strike.

Murphy is pushing new legislatio­n with several other Democrats that would specifical­ly require Trump to obtain congressio­nal authorizat­ion before striking North Korea, absent an imminent threat. But it's not just Democrats who are concerned.

Committee Chairman Bob Corker, R-Tenn., is clearly worried that Trump's behavior could lead to armed conflict with North Korea.

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