FOURTH MEMORANDUM TO MEMBERS OF CONGRESS AND STAFF

16 January 2026

FOURTH MEMORANDUM TO MEMBERS OF CONGRESS AND STAFF

FROM: The Former Judge Advocates Working Group SUBJECT: Invading Greenland

Just as we did when we served in uniform, our group of former and retired judge advocates works alongside many distinguished civilian lawyers whose own honorable government service contributed greatly to our national security. Today, we are proud and pleased to oRer the thoughts of one of our advisor-members, The Honorable Alberto J. Mora, former General Counsel of the Department of the Navy, for your consideration.

Today, in an essay published in Just Security, Mr. Mora suggests that Congress can prevent the President from executing his proposed invasion of Greenland by simply enforcing 22 U.S.C § 1928f, Limitation on Withdrawal from the North Atlantic Treaty Organization Act, which Congress passed as part of the 2024 National Defense Authorization Act. In that legislation, Congress established two limitations on any presidential act to “suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty.” First, it required that any such act may be undertaken only with the “advice and consent of the Senate, provided that two-thirds of the Senators present concur, or pursuant to an Act of Congress.” Second, it provided that unless Congress approves, no funds may be used to support such an act. As Congress considers all its options to prevent the President from engaging in this folly, we suggest starting with this statute.

The Former Judge Advocates Working Group unanimously opposes any eRort by the United States to take Greenland by military force. Such an act would not only violate international law, it would destroy the North Atlantic Treaty Organization. Mr. Mora’s suggestions provide Congress an existing basis for opposing any act by the President having these eRects.

Attachment: A. Mora, How Congress Can Preserve NATO and Greenland: Using 22 USC 1928f to Protect the Peace, Just Security, https://www.justsecurity.org/128930/preserving- nato-prohibiting-military-action-greenland/