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This is not the issue. All the warplans have been vetted to be “legal”. Question is what if he gives a legal but unwise, unnecessary or insane order? And what happens when he refuses and is replaced? Generals exaggerate their own importance.
I too have been somewhat annoyed by obsession with legality as the standard. If you think that legality will keep US military or White House from making bad choices or having disproportionate civilian casualties... just look at the history of ANY recent US wars.
My experience with lawyers is that their entire jobs are about finding ways to do what you want to do and claim the law is on your side. This can be positive or negative depending on what they are trying to accomplish.
What is missing here is that this definition of legality is "the definition the in-house lawyers are happy with," not "as arbitrated by a judge with due process." There are huge differences between the two, esp. on thorny issues like law of war.
(And to reiterate — none of this is anti-lawyer. My father was a public defender for decades. Lawyers should be part of the conversation in this "process." But let's not pretend they are going to be an effective "check" against terrible ideas/outcomes.)
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