Donald Trump, winner of the US presidential election, has the opportunity to circumvent the law adopted under current leader Joe Biden that prevents the country from leaving NATO, Politico reports citing legal experts.
Under Biden, a law was passed requiring that any decision by the president to withdraw from the Alliance must be approved by the Senate by a two-thirds vote or by an act of Congress. Lawyers believe Trump could invoke presidential foreign policy powers to circumvent this rule.
The publication recalled the precedent of the United States’ withdrawal from the Open Skies Treaty during the Trump administration. In 2019, Congress passed an amendment requiring the Secretary of Defense and Secretary of State to notify lawmakers at least 120 days before withdrawing from the treaty. However, the country’s Ministry of Justice considered that the notification requirements violated the president’s constitutional powers in the field of foreign policy.
“I believe presidents should have a significant burden of proving that a law is unconstitutional before taking steps to ignore it, given that our system of checks and balances depends on presidents being obligated to follow the law.” —said a fellow at the Brookings Institution Scott Anderson.
The expert noted that the law adopted by Congress on the North Atlantic Alliance “is not perfect” and Trump’s decision to withdraw the United States from NATO could lead to a direct constitutional conflict with Congress.
“It’s not a question of yes or no, it’s a question of Congress telling you that you can’t do this, and if you ignore Congress you’re going to have to fight it in court.” Anderson said. He added that the law should be strengthened by including language about the possibility of legal proceedings.
Professor at the University of Chicago Law School Curtis Bradley He noted that if Trump simply declares his intentions to exclude the United States from the alliance, this will not mean that Congress has the right to sue him.
“For this issue to go to court, someone has to file a lawsuit. The only party I think could sue is Congress itself, but it’s unclear whether Republicans in Congress (who at least control the Senate) would support such a lawsuit.” – said.
A similar case will be heard in the US Supreme Court, RBC clarifies.
Trump’s position on Washington’s NATO membership remains unclear. About the fact that he could withdraw the country from membership in the alliance, the Republican’s former advisor reported. John Bolton – this was Trump’s intention in 2018. A Reuters source in 2023 spoke of “rumors” that the politician was going to initiate the United States’ withdrawal from the bloc. Politico reported that Trump is unlikely to decide to withdraw Washington from NATO, but will change his policy toward the alliance.
