Politico: Trump may use legal loophole to withdraw US from NATO

Donald Trump, who has recently secured victory in the US presidential election, may be able to bypass legal restrictions on withdrawing the United States from NATO. 

According to legal experts cited by Politico, although the US law passed last year requires two-thirds Senate approval or a Congressional act to leave the alliance, Trump might have a way around it, per Caliber.Az.

As Politico reports, "Trump may have a way around this restriction — and he has used this method before." Specifically, the new president could invoke his authority over foreign policy to sidestep Congress, a strategy he has previously utilized to bypass Congressional restrictions, particularly when it comes to withdrawing from international treaties.

Scott Anderson, a scholar at the Brookings Institution, pointed out that the law blocking NATO withdrawal is "not airtight," noting that it would create a direct constitutional conflict with Congress if Trump attempted to bypass it. "It’s not a matter of open and shut, it’s a matter of Congress telling you that you can’t do this, and if you ignore Congress, you’re going to have to fight us in court on this," Anderson said.

Curtis Bradley, a professor at the University of Chicago Law School, added a different perspective: "If Trump simply announced he was withdrawing from the alliance, it’s unclear whether Congress would have the legal right to sue him for ignoring the law. In order for the issue to be litigated in court, somebody has to sue there. The only party that I think might have that right is Congress itself, but it’s unclear whether Republicans would support that."

However, even if Trump did announce a withdrawal, the process would not be instantaneous. NATO member states must file a "notice of denunciation" to inform other partners, and the country’s membership wouldn’t officially end until the one-year waiting period expires.

In the meantime, Trump could undermine NATO from within. Politico notes that he could refuse to support the alliance, withhold ambassadors, or prevent US troops from participating in military exercises.

On November 10, it was reported that Trump had won a majority of electoral votes in Arizona, securing an additional 11 electoral votes. Trump now holds 312 electoral votes, while his Democratic opponent, Kamala Harris, has 226. Trump also won in six crucial swing states — Michigan, Pennsylvania, Georgia, North Carolina, Wisconsin, and Nevada. Arizona, which had been considered a Republican stronghold until 2020, has now shifted back to the GOP, marking a significant victory for Trump.

According to the Associated Press, Trump garnered 74.6 million votes nationwide (50.5%), while Harris received 70.9 million votes (48%).

The Electoral College votes will be certified by Congress on January 6, with Trump and his running mate, J.D. Vance, set to take office on January 20.

By Tamilla Hasanova