Nuclear workers plagued by leukaemia, cancers and other illnesses
Some workers developed cancer, leukemia and other illnesses. The same held true for workers at other nuclear facilities across the nation.
The number of potentially eligible workers across the nation is uncertain. Likewise, the number of employees potentially affected at West Valley could be in the thousands when accounting for temporary workers.
“This was particularly troubling if the same workers were hired repeatedly as temporaries and received high doses each time,”
In addition, the exposure of growing numbers of individuals increased the possibility of genetic consequences for the entire population.”
Cancer plagues West Valley nuke workers https://www.investigativepost.org/2021/03/01/cancer-plagues-west-valley-nuke-workers/
“What we were doing was insane. We were dealing with so much radiation,” he told Investigative Post from his home in New Hampshire.
“I’ve got absolutely no joints left in my knees — my knees are gone, my ankles are gone and my hips are gone,” he said.
“I wonder if it’s from working in that bathtub full of radiation.”
Pyles was one of about 200 full-time employees who operated the former Nuclear Fuel Services reprocessing facility five decades ago in the hamlet of West Valley, where the company partnered with the federal government to recycle used radioactive fuel. Other workers were hired to contain and dispose of the dangerous waste the operation left behind.
Some workers developed cancer, leukemia and other illnesses. The same held true for workers at other nuclear facilities across the nation. As a result, Congress established the Energy Employees Occupational Illness and Compensation Program in 2000.
An Investigative Post review of the program found the government has paid $20.3 million over the last two decades in cases involving at least 59 people who worked at the West Valley site.
In all, individuals have submitted claims involving 280 employees who worked at the bygone reprocessing facility or during the ongoing $3.1 billion taxpayer-funded cleanup. An undetermined number of claims have been denied; the rest are being adjudicated.
Pyles said he was unaware of the program. He isn’t alone.
The Department of Labor’s Office of the Ombudsman has repeatedly criticized outreach efforts in its annual oversight reports. Most of it has been in the form of events held near former sites. Given the passage of time and people’s movement, reaching more eligible workers is a challenge.
The workforce at West Valley involved more than full-timers. About 1,000 temporary laborers were hired by the company in any given year, according to government and media reports from the time.
The use of temporary workers was a common labor practice at the time, but few operations needed to “raise quite so large an army” as Nuclear Fuel Services, according to a Science Magazine report from the era.
The industry had a nickname for them: “sponges.”
They were hired to “absorb radiation to do simple tasks,” according to Dr. Marvin Resnikoff, a radiological waste consultant who co-authored a study of West Valley.
While working at a site like West Valley does not guarantee later illnesses or genetic complications for offspring, each exposure to radiation increases the likelihood of cancer, Resnikoff said.
“It’s what I guess I would call a meat grinder,” he said.
Exposure to radiation
At its groundbreaking in 1963, the Nuclear Fuel Services reprocessing facility was thought to be a harbinger of a coming economic transformation. It closed in less than a decade, however.
Through six years of operation, at least 36 individuals in 13 incidents were exposed to “excessive concentrations” of radioactivity, according to a federal consultant’s report. Nevertheless, government officials at the time reported “no significant improvement in exposure controls or radiological safety conditions.”
The plant opened in the spring of 1966. Used fuel rods, thousands of which are assembled to power a nuclear reactor core, were transported to the plant by rail and truck. Upon arrival, containers were submerged in a 45-foot-deep cooling pool of demineralized water.
The fuel rods were then cut open, chopped up and placed in an acid bath. The solvent separated the used fuel from the reusable uranium and plutonium, which was collected for resale. The radioactive byproduct was pumped into underground tanks for storage.
The plant had handled 630 tons of fuel and produced 660,0000 gallons of liquid waste by 1972, when it was shut down in anticipation of making improvements to increase capacity and meet new regulatory standards.
That’s when Pyles quit.
The former lab supervisor said he was upset at management’s inaction concerning safety issues. Radioactive dust migrated through the ventilation system and accumulated in ducts, federal records said. A single duct was a “primary source of radiation” in the plant on three levels.
Pyles and coworkers absorbed radiation from that duct for five years, he said. They recognized that it posed a danger, but he said management ignored repeated requests to keep the airway flushed.
In response, Pyles said he and his coworkers hammered into the floor quarter-inch sheets of lead, used as temporary shields throughout the plant. When radiation levels went up, another sheet went down, he said. Finally, when the lead was an inch thick, Pyles said there were concerns they’d reached “the load bearing limit of the floor.”
Many unaware of program
Under the terms of its contract with the federal government, Nuclear Fuel Services pulled out of the operation in 1977. Federal and state officials battled over who was responsible for the site, until it was decided by Congressional action five years later.
In 1982, the newly formed U.S. Department of Energy took control of the 200 acres where the reprocessing facility operated. The New York State Energy Research and Development Authority, or NYSERDA, was charged with shutting down the site’s disposal area and stewardship of the 3,345 acres that surround it.
Nationally, the Department of Labor has received claims based on 129,488 former employees and paid $19.1 billion. While substantial, the department’s ombudsman has continually pushed for more resources and outreach efforts.
“While it is clear that those efforts have informed many individuals of the existence of the [program], it is likewise clear that there are still many who are unaware of [the program] and for whom more should be done to address this lack of awareness,” the office said in its most recent report to Congress.
The report cites an email from one frustrated former employee, who learned of the program with his wife by overhearing another couple’s conversation in the lobby of a hotel in Colorado.
“The husband was a former (energy employee),” the email said, concluding: “THIS IS HOW I WAS MADE AWARE OF THIS PROGRAM.”
The number of potentially eligible workers across the nation is uncertain. Likewise, the number of employees potentially affected at West Valley could be in the thousands when accounting for temporary workers. A 1985 report to Congress on workplace reproductive health threats noted 991 temporary workers were hired in West Valley in 1971. It was an “extreme case” of using such labor, the report said.
The 1974 report in Science Magazine said temporary laborers outnumbered operating staff 10 to 1 at times. According to federal records, media reports and interviews, temps were assigned tasks ranging from replacing light bulbs to “burying low-level nuclear waste.”
Records are typically scant for such subcontractor laborers, however. Companies, rather than the government, tended to retain those employment records, many of which no longer exist.
Science Magazine reported that former employees, members of the International Association of Machinists and Aerospace Workers, said “two contractors drew heavily on moonlighters, students and men seasonally employed at area automobile plants.”
A union official told the magazine then that between one-third and one-half of the Nuclear Fuel Services workforce were temporary hires that “could have been described as ‘down-and-out’ men from skid-row areas.”
How educated they were about the hazards of the job is an open question, according to J. Samuel Walker, a historian of the United States Nuclear Regulatory Commission whose published work includes research on nuclear transient workers. Use of the labor practice declined in time as safety concerns grew, Walker wrote in his book, “Permissible Dose.”
“This was particularly troubling if the same workers were hired repeatedly as temporaries and received high doses each time,” Walker said. “In addition, the exposure of growing numbers of individuals increased the possibility of genetic consequences for the entire population.”
Want to know more about the program? Call 716-832-6200 or visit this website.
Lawsuit over the exposure to radiation of residents of Litate, after Fukushima nuclear meltdown
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ACRO 5th March 2021, The commune of Iitaté , located beyond a radius of 30 km, was evacuated late. The order to evacuate was announced on April 11, 2011 and the inhabitants had one month to leave ( read the follow-up of the first year of the disaster ).
During this time, those who did not leave the scene on their own were exposed to radioactive fallout. 29 residents of Iitaté filed a complaint against TEPCo and the state and demanded 200 million yen in damages because the authorities told them at the start of the disaster that it was not necessary to leave.
The lack of information about increasing radiation levels deprived them of their right to evacuate and left them exposed needlessly. They also claim that the evacuation of the
entire village that followed caused them to lose their homes and farms, destroyed their community and deprived them of their hometown. |
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Former SCANA nuclear executive pleads guilty to fraud
Former SC utility CEO pleads guilty to nuclear plant fraud
The utility executive who spent billions of dollars on two South Carolina nuclear plants that never generated a single watt of power pleaded guilty in two courts, By MICHELLE LIU Associated Press/Report for America, 25 February 2021, COLUMBIA, S.C. — The utility executive who spent billions of dollars on two South Carolina nuclear plants that never generated a single watt of power pleaded guilty to federal conspiracy charges Wednesday.
Former SCANA Corp. CEO Kevin Marsh will likely spend two years in prison and pay $5 million back to ratepayers, per the plea agreement prosecutors presented to U.S. District Judge Mary Geiger Lewis in Columbia.
Marsh’s formal acknowledgement of his role in the conspiracy to commit wire and mail fraud comes more than three years after the project imploded publicly and federal and state agencies began investigating.
Marsh, 65, will be free on bond as he cooperates with federal authorities until he is formally sentenced. He headed to Spartanburg in the afternoon to plead guilty on a state charge tied to the investigation. Officials said he will serve any state sentence he receives concurrently with his federal sentence.
A judge will hand down the final sentence after the investigation concludes. Prosecutors haven’t given indication of when that might be.
Marsh and other executives insisted the project to build the two reactors at the V.C. Summer site north of Columbia was on track ever since it started in 2008. The company hiked rates on customers nine times between 2009 and 2017 to help fund the project.
Prosecutors said that as the project lagged, Marsh lied repeatedly to investors, regulators and the media, claiming the reactors would be making power by a 2020 deadline to get $1.4 billion in federal tax credits needed to keep the $10 billion project from overwhelming SCANA and its subsidiary, South Carolina Electric & Gas.
An independent report commissioned by SCANA in 2015 estimated the reactors would not be finished in 22 years. Executives fought to get the estimate removed from the copy of the report shared with state-owned utility Santee Cooper, which held a 45% stake in the new reactors, prosecutors said.
Santee Cooper ended up $4 billion in debt from the project. Lawmakers are still arguing over whether to sell or reorganize the utility.
Dominion Energy of Virginia bought out SCANA in 2019 after the former Fortune 500 company was crippled by the nuclear debacle.
In December, the Securities and Exchange Commission said both SCANA and its subsidiary agreed to settle a civil lawsuit filed by the SEC in February for $137.5 million, including a $25 million civil penalty.
Former SCANA Executive Vice President Stephen Byrne pleaded guilty to federal charges similar to Marsh’s in July. He is also awaiting sentencing. AT TOPhttps://abcnews.go.com/Technology/wireStory/sc-utility-executive-plead-guilty-courts-76084865
New nuclear build for South Africa would face legal stumbling blocks
Court is likely to regard decision to pursue a plant as irrational, regulator told at public hearing, 23 FEBRUARY 2021 –
Any decision to pursue a 2,500MW nuclear build will likely be seen as irrational and unreasonable if tested in court, the National Energy Regulator of SA (Nersa) heard on Tuesday. Should the regulator be given the green light for a nuclear build, it would lead to “severe legal complications”, Anton van Dalsen, legal counsellor for the Helen Suzman Foundation, warned Nersa… … (subscribers only) https://www.businesslive.co.za/bd/national/2021-02-23-nersa-warned-nod-for-nuclear-build-would-face-legal-stumbling-blocks/
Bulgaria prosecutes former energy ministers over mismanagement of Belene nuclear power project
Intellinews 13th Feb 2021, Bulgaria’s prosecution has filed charges against former energy ministers Rumen Ovcharov and Petar Dimitrov over mismanagement that led to a loss of around BGN500mn (€250mn) related to the project to build the Belene nuclear power plant, the Anticorruption Fund NGO said in a statement on February 12.
There was no official statement from the prosecution, but the NGO has published a photo of the documents. The accusations against the two former ministers and two former executive directors of the state-owned National Electricity Company (NEC), Mardik Papazyan and Lyubomir Velkov, were raised back in 2016 when the prosecution launched an investigation. It
claims the two former ministers failed to exercise sufficient control over the executive directors of NEK when they allowed them to sign a deal with Atomstroyexport on the nuclear power plant at Belene.
U.S. Dept of Justice gets the resignation of attorney who launched Ohio nuclear corruption probe
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U.S. Attorney Who Launched Ohio Nuclear Bailout Bribery Probe Resigns https://radio.wosu.org/post/us-attorney-who-launched-ohio-nuclear-bailout-bribery-probe-resigns#stream/0
By JO INGLES The U.S. Attorney for the Southern District of Ohio has submitted his resignation. David DeVillers is one of 56 U.S. Attorneys appointed by former President Trump asked to resign by the Biden administration’s Department of Justice.
DeVillers said in a written statement that he had hoped to stay on as U.S. Attorney until his successor was appointed. He urged the next U.S. Attorney to be just, apolitical, aggressive and impactful. “It is with a heavy heart that I announced my resignation,” DeVillers wrote. “I have been a prosecutor for my entire career, and it was my wish to remain a prosecutor until the end of my career, but that is not to be.” DeVillers, who was appointed by Trump in 2019 to replace outgoing U.S. Attorney Benjamin Glassman, was heading up several high-profile cases throughout the state. He made a splash last summer by announced racketeering charges against five individuals, including then-Ohio House Speaker Larry Householder, accusing them of funneling $60 million in bribes from a utility company in exchange for securing the passage of a nuclear bailout law. So far, two defendants and the dark money group Generation Now have pleaded guilty in the $60 million conspiracy. Householder has pleaded not guilty and remains in the Ohio legislature after winning reelection in November. DeVillers last year announced corruption cases against three current and former members of Cincinnati City Council, who are accused of taking bribes in exchange for favorable votes on development projects. One, Tamaya Dennard, was sentenced to 18 months in prison after pleading guilty to honest wire fraud. And in Columbus, DeVillers was coordinating the federal criminal and civil rights investigation into the killing of Casey Goodson Jr. by a Franklin County Sheriff’s Deputy, and another civil rights probe of the killing of Andre Hill by a since-fired Columbus Police officer. “While it was my hope to continue on for a few more months to finish some of the work we have started, I am absolutely certain that the AUSAs and investigators working for the people of the Southern District of Ohio will bring this work to a successful and just closure,” DeVillers said. The U.S. Attorney for the Northern District of Ohio, Justin Herdman, resigned last month. |
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Court orders Tokyo Electric Power Company pay ¥600 million to 271 plaintiffs
Japan Times 10th Feb 2021, A court has ordered Tokyo Electric Power Company Holdings Inc. to pay a total of some ¥600 million to 271 plaintiffs over an evacuation caused by
the 2011 nuclear disaster. The Iwaki branch of Fukushima District Court
reached its conclusion Tuesday in a lawsuit filed by 297 plaintiffs —
which included residents of the heavily affected Yamakiya district in the
town of Kawamata who were ordered to evacuate — seeking ¥14.7 billion in
damages from Tepco.
The plaintiff side expressed its intention to appeal to
a higher court. The suit is the second in a series filed by evacuees who
left their homes due to the triple meltdown at Tepco’s Fukushima No. 1
nuclear power plant triggered by the March 2011 earthquake and tsunami. The
plaintiffs excluded the state from the suit as it hoped to achieve an early
resolution.
Australian uranium mining company threatens Spanish government with legal action
Miner threatens Spain over uranium ban, Cosmo Sanderson, 01 February 2021
Use of illegal workers at France’s Flamanville nuclear site.
Mediapart 14th Jan 2021, After having exhausted all possible remedies, Bouygues is definitively convicted of having used on a large scale undeclared employees on the site of the EPR of Flamanville (Manche).
In a judgment delivered Tuesday, January 12, the Court of Cassation rejected the requests of the
French public works giant and two of its satellites. Through them, Bouygueshad illegally employed at least 460 Romanian and Polish workers between 2008 and 2012, on this site of the new generation reactor, essential for EDF (owner of the site) and Areva (which ensures the construction).
Acrimed 29th Jan 2021
https://www.acrimed.org/EPR-de-Flamanville-la-condamnation-de-Bouygues
Tokyo High Court holds TEPCO responsible for Fukushima nuclear crisis
No wonder that the global nuclear industry is hellbent on nationalising itself – so that the taxpayer is responsible. Nobody will want to invest in private nuclear companies after this.
High court denies government responsibility for Fukushima nuclear crisis, Japan Times, 22 Jan 21, The Tokyo High Court on Thursday ordered the operator of the crippled Fukushima No. 1 nuclear power plant to pay damages to evacuated residents, but it overturned an earlier ruling by Maebashi District Court that had also acknowledged the central government’s responsibility over the 2011 nuclear crisis.
Among around 30 such lawsuits across the country, the decision of the Tokyo High Court was the first high court ruling absolving the state of responsibility, contradicting an earlier decision of the Sendai High Court in September that ordered both the state and Tokyo Electric Power Company Holdings Inc. to pay damages.
The government’s failure to instruct Tepco to take measures against tsunamis “is not found to be significantly unreasonable,” Presiding Judge Akira Adachi said in handing down the ruling.
The lawsuit focused on the reliability of an official long-term quake assessment made in 2002, which has been used in previous rulings to determine the liability of the state and Tepco for their failure to prevent the nuclear disaster.
Adachi noted the assessment had caused a debate since its release, and that the government was unable to predict a huge tsunami.
Implementing measures such as constructing seawalls would not have prevented the tide from entering the nuclear plant, he added.
Thursday’s ruling instead ordered Tepco to pay a total ¥119.72 million to 90 plaintiffs, more than triple the amount awarded in the lower court ruling. ………..https://www.japantimes.co.jp/news/2021/01/21/national/crime-legal/government-denies-fukushima-responsibility/
A view from the law: The Danger Of Sole Presidential Authority Over Nuclear Weapons
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The Gold Code Standard Revisited: The Danger Of Sole Presidential Authority Over Nuclear Weapons Jurist, Kevin Govern, JANUARY 19, 2021
Kevin Govern, a Professor of Law at Ave Maria School of Law, analyses the sole Presidential authority over nuclear weapons vis-a-vis the Trump administration and military intervention…
On January 8, 2021, Speaker of the House Nancy Pelosi (D-CA) took the extraordinary step of publicly revealing she had talked with Chairman of the Joint Chiefs of Staff, Gen. Mark A. Milley, about “available precautions for preventing an unstable President from initiating military hostilities or accessing the launch codes and ordering a nuclear strike.” Milley reportedly issued a statement saying he “answered [Speaker Pelosi’s] questions regarding the process of nuclear command authority.” Four days later, The House of Representatives voted 223-205 to formally call on Vice President Mike Pence to use the 25th Amendment to strip President Trump of his powers after he incited a mob that attacked the Capitol. With the Vice President’s refusal, impeachment proceedings went forward in the House on January 13, 2021, with a vote of 232-197, to impeach President Trump for “incitement of insurrection” in only the fourth presidential impeachment in US history, and the first time a President has been impeached twice. Continue reading |
Profound questions raised by the employment tribunal case; bullying at Sellafield nuclear site?

Byline Times 15th Jan 2021, An employment tribunal case that has been running for more than two yearshas started to raise profound questions over management at Europe’s
largest nuclear reprocessing plant, the ability of the employment tribunal
system to defend the rights of whistleblowers, ethical conduct by major law firms, and a conflict of interest at the Equality and Human Rights Commission.
The case of McDermott versus Sellafield, the Nuclear
Decommissioning Authority and former Sellafield HR director Heather Roberts
has been brought under the Public Interest Disclosure Act 1998 – also
known as the Whistleblowers’ Act. Alison McDermott, an HR professional
and diversity specialist, claims that the sudden termination of her
freelance contract in October 2018 by Sellafield was linked to her
protected disclosures containing evidence of systemic bullying, and racist
and sexist incidents at the Sellafield site in Cumbria.
Amid ongoing lawsuits about nuclear corruption, Ohio regulators will stall the nuclear bailout law
Ohio regulators set to officially pause nuclear bailout fees created through tainted energy bill https://www.cleveland.com/open/2021/01/ohio-regulators-set-to-officially-pause-nuclear-bailout-fees-created-through-tainted-energy-bill.html Jan 11, 2021 By Andrew J. Tobias, cleveland.com
COLUMBUS, Ohio — State regulators have ordered a pause on the $170 million in annual new fees created through the controversial House Bill 6, following a judge’s recent ruling in a lawsuit brought by Ohio Attorney General Dave Yost and officials in Cincinnati and Columbus. The Ohio Air Quality Development Authority will formally suspend the charges, $150 million of which would bail out two financially troubled Ohio nuclear plants owned by a former FirstEnergy subsidiary, during a scheduled meeting on Tuesday, the agency’s executive director wrote in a recent letter to officials with the Public Utilities Commission of Ohio. As part of the same official process, the PUCO on Dec. 30 acted to prevent the new fee from going into effect while the legal challenge continues. Both agencies cited a Dec. 21 ruling from a Franklin County judge who, ruling on the lawsuit from Yost and two Ohio cities, ordered the fees be blocked from going into effect. The fees, worth more than $1 billion to the nuclear plants, were to have appeared on Ohioans’ power bills starting on Jan. 1.
But the pause could remain in place at least until a March 5 hearing in the Franklin County case, according to a PUCO spokesman.
Yost and the local officials sued over the law after federal investigators said it was the product of an elaborate corruption scheme financed by FirstEnergy and its affiliates that led to the arrest of former House Speaker Larry Householder and others last July. Prosecutors have said in exchange for $61 million, spent to help Householder become speaker and on a political campaign supporting the law, Householder agreed to push the bill through the legislature. FirstEnergy, based in Akron, hasn’t been charged or officially accused of wrongdoing. Householder has pleaded not guilty to a federal corruption charge, but two associates who helped pass House Bill 6, Jeff Longstreth and Juan Cespedes, have pleaded guilty to participating in the scheme.
The fees will remain blocked even though the Ohio Supreme Court on Monday dismissed a different HB6 legal challenge filed by the Ohio Manufacturers Association, a business group. The Supreme Court previously ordered the fees paused while it considered OMA’s arguments. The OMA had asked permission to drop its challenge, saying the issue was moot since the PUCO had agreed to pause the nuclear subsidies in response to the Franklin County case.
DeWine and state legislative leaders have called for House Bill 6 to be repealed or at least, revisited. But state lawmakers failed to do so during their lame duck session in December, since House members were unable to agree on what specific action to take. The law’s future remains unclear, with legislators expected to reconvene in the coming weeks.
Numerous HB6-related state and federal investigations, including from the FBI and the U.S. Securities and Exchange Commission, are ongoing, as are numerous lawsuits.
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According to experts, the U.S. military cannot legally prevent Trump’s accessto nuclear codes
The Military Can’t Legally Curb a President’s Access to Nuclear Codes, Experts Say https://www.military.com/daily-news/2021/01/08/military-cant-legally-curb-presidents-access-nuclear-codes-experts-say.html 8 Jan 2021 By Gina Harkins and Oriana Pawlyk
House Speaker Nancy Pelosi called Joint Chiefs Chairman Army Gen. Mark Milley Friday morning to discuss what she described as necessary precautions to prevent an “unhinged” president from accessing nuclear codes. But experts and officials said there’s no place in the system for the military — or Congress — to intervene in a sitting president’s access to the nuclear arsenal. The situation of this unhinged president could not be more dangerous, and we must do everything that we can to protect the American people from his unbalanced assault on our country and our democracy,” Pelosi, a California Democrat, said Friday in a circulated letter. She and dozens of other lawmakers — mostly Democrats — have called for President Donald Trump’s removal from office following Wednesday’s violent takeover of the U.S. Capitol by the commander in chief’s supporters. Milley’s office confirmed that the call took place. “Speaker Pelosi initiated a call with the Chairman,” said Army Col. Dave Butler, Milley’s spokesman. “He answered her questions regarding the process of nuclear command authority.” Pelosi said Friday that Trump should not be allowed to initiate “military hostilities or [access] the launch codes [to order] a nuclear strike.” CNN reported that, after her call with Milley, Pelosi told her caucus she received assurances about safeguards should Trump decide to launch a nuclear weapon. It’s unclear what those assurances would have been since, as the Congressional Research Service wrote last month, “The President does not need the concurrence of either his military advisors or the U.S. Congress to order the launch of nuclear weapons. “In addition, neither the military nor Congress can overrule these orders,” a December report titled “Defense Primer: Command and Control of Nuclear Forces” states. Ankit Panda, a senior fellow with the Carnegie Endowment for International Peace’s nuclear policy program, also noted that, short of removing Trump from office, there’s no legal remedy that Milley or Pelosi can take to prevent the president from issuing a valid and legal order to use nuclear weapons. “It’s how we designed the system,” he wrote Friday. “We could change it, of course. … If there’s a way in which the American presidency is effectively monarchical and absolute, it’s this one.” Officials with U.S. Strategic Command, or STRATCOM, which oversees nuclear weapons, referred questions from Military.com about Pelosi’s call to Milley back to the Pentagon. Adm. Charles “Chas” Richard, the head of STRATCOM, told reporters this week that he would not recommend changes to the system the U.S. has had in place for decades. He would, however, decline to follow illegal orders to deploy a nuclear weapon, Richard added. “I will follow any legal order that I’m given — I will not follow any illegal orders,” he said. “And if you go much further, if I were to say anything else, we’re starting to call in civilian control of the military, which I think is a prized American attribute.” Ultimately, he said, who has the authority to carry out a nuclear strike is “a political question.” “I’m prepared to execute whatever the political leadership of this nation would like to do,” he said. In the event of preparing for a nuclear strike, the president consults with military and civilian advisers. Advisers have the ability to push back on an order they believe does not meet stipulations outlined under the laws of armed conflict, or LOAC, according to the Congressional Research Service. During a Senate hearing in 2017, Robert Kehler, a retired Air Force general who previously served as the commander of STRATCOM, testified before lawmakers that military members can refuse what they deem to be an “illegal” order, but added, “Only the president of the United States can order the employment of U.S. nuclear weapons.” Kehler pointed out that the process is not automatic. “This is a system controlled by human beings,” he said, according to a report from CNN. The process “includes assessment, review and consultation between the president and key civilian and military leaders, followed by transmission and implementation of any presidential decision by the forces themselves.” Aside from nuclear weapon authorities, Milley’s role as chairman of the Joint Chiefs also, by law, falls outside of the chain of command. The role of the chairman is to serve as the president’s top military adviser. Several experts on civilian-military relations also noted Friday that if Pelosi and other politicians are concerned about Trump posing a security risk, they should find a political solution — not a military one. Pelosi and other lawmakers have said they will move ahead with impeachment proceedings if the vice president and Cabinet members do not invoke the 25th Amendment to remove the president from office. Richard Sisk contributed to this report. — Gina Harkins can be reached at gina.harkins@military.com. Follow her on Twitter @ginaaharkins. |
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