THE top US nuclear commander General John Hyten said he wouldn’t drop a nuclear bomb if he thought Donald Trump’s order was illegal.

Mr Hyten told an audience on Saturday at the Halifax International Security Forum in Nova Scotia that he’s thought a lot about what he will do if Mr Trump orders a strike he considers illegal.

“I think some people think we’re stupid,” Mr Hyten said, responding to a question about the scenario, according to CBS News.

“We’re not stupid people. We think about these things a lot. When you have this responsibility, how do you not think about it?”

Mr Hyten said though that if the ‘illegal’ command did come, they would go through a process to find a better solution.

“I provide advice to the president, he will tell me what to do,” Mr Hyten explained.

But, he said, if the command was “illegal” he would tell him so, and said that together they would come up with other options.

The comments come after a retired Air Force general told the Senate on Tuesday that an order from Mr Trump to launch nuclear weapons can be refused by the top officer at US Strategic Command if that order is determined to be illegal.

During testimony before the Foreign Relations Committee, retired Gen. Robert Kehler said the US armed forces are obligated to follow legal orders, not illegal ones.

Mr Kehler, who served as the head of Strategic Command from January 2011 to November 2013, said the legal principles of military necessity, distinction and proportionality also apply to decisions about nuclear weapons use.

The command would control nuclear forces in a war.