CBS News reports: The top U.S. nuclear commander said Saturday he would push back against President Trump if he ordered a nuclear launch the general believed to be “illegal,” saying he would hope to find another solution.

Air Force Gen. John Hyten, commander of the U.S. Strategic Command (STRATCOM), told an audience at the Halifax International Security Forum in Halifax, Nova Scotia, on Saturday that he has given a lot of thought to what he would say if a president ordered a strike he considered unlawful.

“I think some people think we’re stupid,” Hyten said in response to a question about such a scenario. “We’re not stupid people. We think about these things a lot. When you have this responsibility, how do you not think about it?”

Hyten explained the process that would follow such a command. As head of STRATCOM, Hyten is responsible for overseeing the U.S. nuclear arsenal.

“I provide advice to the president, he will tell me what to do,” Hyten added. “And if it’s illegal, guess what’s going to happen? I’m going to say, ‘Mr. President, that’s illegal.’ And guess what he’s going to do? He’s going to say, ‘What would be legal?’ And we’ll come up with options, with a mix of capabilities to respond to whatever the situation is, and that’s the way it works. It’s not that complicated.” [Continue reading…]

The question, as to whether a presidential order to launch a nuclear strike would be legal, is a red herring. The real question Hyten should have addressed is what he will do if he receives an order that is legal but nevertheless unconscionable.

Does he accept that there might be circumstances in which his moral responsibility might be to refuse to follow a legal order?