The author's position is that the prosecution failed during the testimony of Tojo Hideki, Japan's warmongering 1941 prime minister. That's because Tojo continued to assert that he and Japan had done nothing wrong except lose. I'll need to read some other works on the trial, because getting defendants to admit the error of their ways isn't normally what prosecutors do. Keenan, the head prosecutor, doesn't seem like a great prosecutor based on lots of other failures, but this doesn't seem like something to hang around his neck to me.