Pittsburgh Post-Gazette

Biden has the power to rein in the nuclear presidency. He should use it.

- Jon Wolfsthal is director of global risk at the Federation of American Scientists as well as a former National Security Council senior director under President Barack Obama.

In less than a year, America will elect a president. Whoever is sworn in on Jan. 20, 2025, will immediatel­y be vested with the sole legal authority to order the use of the United States’ nuclear weapons. If a sitting president decides to exercise that authority — for almost any reason — no one can legally stop them. That must change.

This is not a new problem. Two of the 14 presidents in the nuclear age have behaved dangerousl­y enough that their own officials have tried, in legally questionab­le ways, to insert themselves into the nuclear chain of command.

Illegal safeguards

In President Richard M. Nixon’s final days, then-Defense Secretary James Schlesinge­r declared that any nuclear order had to be checked with him first. The fact that Donald Trump remains the front-runner for the 2024 Republican nomination injects additional concern given his behavior as president.

In the last few days of Trump’s term, then-Chairman of the Joint Chiefs of Staff Gen. Mark A. Milley tried to mitigate these risks by telling officers at the National Military Command Center (NMCC) that if they received a nuclear launch order from Trump, they must loop him in. “I’m part of the procedure,” Milley reportedly told subordinat­es.

We might want to thank both Milley and Schlesinge­r for doing what they did, but they might have broken the law in doing so. Though the chairman of the Joint Chiefs is the country’s senior military officer, he is not part of the nuclear-launch process. Nor is the defense secretary, secretary of state or even the commander of U.S. Strategic Command.

Nukes at a moment’s notice

To initiate a nuclear strike, the president can issue an order bypassing senior military leaders and advisers. Every president carries with him a sealed card known as the “biscuit.” The president can call the NMCC at any time and use the code from the biscuit to verify his identity — and the weapons get launched.

As commander in chief, a president can even order the watch officer not to tell superiors that an order has been given. So even if a concerned chairman of the Joint Chiefs instructs his soldiers to inform him of any such command, the president can simply override that “safeguard” at his discretion.

The chain of command, however, is different for almost every other decision to use military force. For non-nuclear decisions, the president must give an order to the defense secretary, who then issues written instructio­ns to the relevant combatant commander. It’s a transparen­t system that encourages accountabi­lity.

Why are nuclear weapons procedures different from convention­al ones? Because, during the Cold War, speed was seen as essential for deterrence. If a Soviet nuclear bolt from the blue could kill a sitting president before he had time to order a counteratt­ack, adversarie­s were thought to have an incentive to initiate a first strike. By being able to respond quickly, without having to work through layers of officials, deterrence was thought to be more robust.

But there is no reason today to rely on speedy decision-making during situations in which the United States might launch first. Even as relations with Moscow are at historic lows, we are worlds removed from the Cold War’s knife’s-edge logic. This means checks and balances on a president’s decision to start a nuclear war can be adopted without sacrificin­g America’s security or the protection of our allies. It’s time our institutio­ns caught up with this strategic reality.

A safer procedure

Numerous ideas have been put forward to close this dangerous loophole. None is perfect. The idea of requiring another elected or Senate-confirmed officer such as a vice president, secretary of state or defense secretary to agree to a nuclear launch order has been considered impractica­l. For one, if senior officials are killed, or are appointed without Senate approval, the United States could be rendered unable to retaliate against a nuclear attack.

What is left is not a permanent solution but an improvemen­t over the current process nonetheles­s: President Biden has the authority as commander in chief to change the military chain of command. He can make launching nuclear weapons absent a confirmed nuclear attack on the United States conform to the same procedures required for the use of convention­al forces.

Adopting such a process would not impact the country’s security, or that of its allies. But it would ensure that no president can act without other senior officials being directly involved in a decision to use America’s most powerful weapons.

Could a future president try to reverse these safeguards? Yes, but doing so would take time and require the work of other senior officials. The formal chain of command is establishe­d by law but can be changed through executive order. Requiring White House lawyers to develop a new directive to revert to the older, lessconstr­ained systems would be a time-consuming process. And putting even surmountab­le speed bumps in place is worth the effort.

There is no perfect system for preventing nuclear use as long as nuclear weapons exist. Yet nuclear procedures have been adjusted many times over the decades, and it is time for yet another change.

 ?? Associated Press ?? This image made from video broadcaste­d by North Korea’s KRT shows what it says is a ballistic missile being launched from an undisclose­d location in North Korea, Feb. 20.
Associated Press This image made from video broadcaste­d by North Korea’s KRT shows what it says is a ballistic missile being launched from an undisclose­d location in North Korea, Feb. 20.

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