Up to that point in time, he has the sole, legal authority to authorize the use of any or all of the US nuclear arsenal,” Schwartz said. “Under the 20th Amendment - and absent any invocation of the 25th Amendment that would make Mike Pence the acting president - Donald Trump is president through 11:59:59 am on January 20. nuclear arsenal up to the very second Biden is sworn in at noon EST Wednesday. The reason is explicitly laid out in the Constitution, which gives Trump complete authority over the U.S. The biscuit contains alphanumeric codes that are used to positively identify the president, who maintains the sole, legal authority to authorize a nuclear launch. “On January 20, will be out of town somewhere with their designees, leaving just Pence’s briefcase, unless the White House Military Office has prepared (or already has on hand) another backup for Biden,” he told CNN.Īdditionally, the president is required to carry a plastic card known as the “biscuit” with him at all times. “There are at least three or four identical ‘footballs’: one follows the president, one follows the vice president, and one traditionally is set aside for the designated survivor at events like inaugurations and State of the Union addresses,” according to Schwartz. While that process may play out slightly differently than it has in years past, there are safeguards in place to ensure a seamless transition of nuclear control from one president to the next, regardless of circumstance, according to Stephen Schwartz, a nonresident senior fellow at the Bulletin of the Atomic Scientists.Ĭontrary to popular belief, the nuclear football does not contain a button or codes that can automatically launch a nuclear weapon but instead has the equipment and authorities that Trump would use to order a strike. The nuclear football will likely travel with him, experts say, meaning there will be at least two briefcases in different locations, presenting a unique challenge of ensuring the transfer of authority goes smoothly. But on Wednesday, that exchange will happen a bit differently as Trump is expected to depart Washington, DC, for Florida before Biden’s inauguration ceremony.

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