
. . . and a member of the Federalist society to boot! Quel surprise.
If a science of history were achieved, it would, like the science of celestial mechanics, make possible the calculable prediction of the future in history.
1) Previous to the 1949 Fourth Geneva Convention in 1949, there was no treaty against targeting civilians. So, at the time, it would not have been unlawful for the president to order the "massacre of a civilian village". It would have been wrong, but not unlawful.
2) The means of production of weapons is - sadly - a legitimate target in time of war. Hiroshima and Nagasaki were military staging areas and major industrial centers producing munitions. The only reason targeting them is questioned is because people are squeamish about the use of nuclear weapons. If they had been fire-bombed it would have been just another epic tragedy, no more or less noteworthy than any other firebombing perpetrated by McNamara or Churchill.
The report said “situations of great stress, danger and fear do not relieve department attorneys of their duty to provide thorough, objective, and candid legal advice, even if that advice is not what the clients want to hear.”