But then in that case Kirk wouldn't have asserted that the reason for there being no life was because the M5 had murdered it. You don't likely get a second chance to out-think a super smart machine.
That assumes that M5 would have been as well versed in Constitution
evacuation procedures as Kirk. But since it's a machine that's not supposed to have
any crew, Kirk might trust it would not stop to consider evacuation as a reason for the total loss of life at the ship it had targeted...
Kirk is tap-dancing on a high wire anyway. He probably wouldn't think he can outsmart a computer - but he knows how to manipulate people, and M5 is people.