Normally, the soccer ball would be handed over to another military adviser standing on or near the possession exhibition stand while Biden takes his oath of office.
But on Wednesday, that exchange will happen a little differently, as Trump is due to leave Washington, DC, for Florida before Biden’s inauguration ceremony.
Nuclear football is likely to travel with him, experts say, meaning there will be at least two portfolios in different locations, presenting a unique challenge of ensuring that the transfer of authority goes smoothly.
While this process may be slightly different from what has happened in previous years, safeguards exist to ensure a seamless transition from nuclear control from one president to the next, regardless of circumstances, according to Stephen Schwartz, a non-resident senior member of Bulletin of the Atomic Scientists.
Delivering ‘football’
Contrary to popular belief, the nuclear football does not contain a button or codes that can automatically launch a nuclear weapon, but rather the equipment and authorities that Trump would use to order an attack.
“There are at least three to four identical ‘footballs’: one follows the president, one follows the vice president and one traditionally is reserved for the survivor designated at events like inaugurations and speeches about the State of the Union,” said Schwartz. .
“On January 20, [the extra footballs] will be out of town somewhere with their assignees, leaving only [Vice President Mike] Pence’s briefcase, unless the White House Military Office has prepared (or already has on hand) another backup for Biden, “he told CNN.
In addition, the president is required to carry a plastic card known as a “cookie” at all times. The cookie contains alphanumeric codes that are used to positively identify the president, who has the sole legal authority to authorize a nuclear launch.
The reason is explicitly stated in the Constitution, which gives Trump complete authority over the United States’ nuclear arsenal until the second Biden takes office at noon on Wednesday.
“Under the 20th Amendment – and in the absence of any invocation of the 25th Amendment that would make Mike Pence the interim president – Donald Trump is president until 11:59:59 on January 20th. Sole legal authority to authorize the use of any or all the US nuclear arsenal, “said Schwartz.
“If a football aide accompanies Trump on Air Force One to Florida, that aide will withdraw from Trump’s presence at noon and return to Washington, DC, with the briefcase,” added Schwartz.
Authority transfer
After that point, Trump will no longer have that authority and the nuclear codes he carries will automatically be disabled, he added. Meanwhile, Biden will automatically inherit the power to launch a nuclear attack at exactly the same time.
This means that if Trump tried to order an attack at 12:01 on Wednesday, the order would be considered illegal and the military commanders charged with carrying out the launch are bound to refuse.
The transition of this authority is guaranteed by the fact that the codes that Trump would use to authenticate his identity as president will become invalid at that time. In the meantime, Biden will likely receive his “cookie” on Wednesday morning, when he and prospective vice president-elect Kamala Harris are briefed on the process of starting a nuclear attack.
But their codes will not be active until midday on Wednesday.
Earlier this month, House Speaker Nancy Pelosi told House Democrats in a letter she spoke to the chairman of the Joint Chiefs of Staff General Mark Milley to discuss Trump’s access to nuclear codes amid appeals. for the president to be removed from office after a violent pro-Trump crowd stormed the United States Capitol.
“This morning, I spoke with the Joint Chiefs of Staff, Mark Milley, to discuss the precautions available to prevent an unstable president from initiating military hostilities or accessing launch codes and ordering a nuclear attack,” Pelosi wrote in a letter. “The situation of this unbalanced president could not be more dangerous and we must do everything we can to protect the American people from his unbalanced attack on our country and our democracy.”
After speaking with Milley, Pelosi told his caucus that she obtained assurances that there are safeguards in case Trump wants to launch a nuclear weapon, according to several sources in a caucus call.
Military officials say that while the president has exclusive authority to launch nuclear weapons, he cannot do this alone.
If an opponent launched a missile at the United States, the president would be immediately on a secret communication network, receiving minute-by-minute information and recommendations on how to proceed.
Safeguards exist against illegal attack orders, whether nuclear or conventional. To be legal, orders must have a legitimate target, a clear military objective and use proportional forces.
The general who recently commanded strategic weapons and is now number two in the Pentagon is adamant that the military will not follow any president’s illegal orders.
“If it is illegal, guess what will happen? I will say, ‘Mr. President, this is illegal. ‘ And guess what he’s going to do? He will say, ‘What would be cool?’ And we will present options, with a combination of resources to respond to any situation, and this is how it works. It’s not that complicated, “said General John Hyten, former commander of the U.S. Strategic Command, in 2017
If a president persists in promoting illegal orders, a military commander will have no option but to resign.