As the hearing went on, it became clear that the debate was ultimately beside the point. Kehler noted that “nuclear decision-making at the highest level” is “a consultative process,” involving many people—the head of StratCom, the secretary of defense, and other advisers—any one of whom could say, as he put it, “Wait, stop, we need to resolve these issues.” But, he also acknowledged, if the president wanted to launch one of the many pre-set attack options that were listed in the nuclear war plan, the fact that the option was in the plan meant that the military lawyers had already vetted it.
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