We were and have been at war with an enemy that has and does see no act as unjustified in bringing about our destruction with the surviving parties either made to convert or live as inferiors (and often, as in Saudia Arabian treatment of non Arab Muslim domestic workers - both).

Those were and are the stakes.

At this point the possibility of Al Qaeda bringing about our destruction seems remote. Now that we have experience fighting and counteracting them and now that we have passed the phase where “all Muslims might rise up,” the threat of AQ has diminished significantly. That is due in large part to our success in fighting them.

So this exercise in justice that we are about to embark on is really about self reflection. It is about what self image we want to maintain. Essentially, we are going to examine punishing those who were given the task (and obviously a great deal of leeway) of defending us for having taken things too far. For having imposed a type suffering (regardless of whether it was effective or not) on “the other”.

This is not about making amends to “them” - it is about making ourselves feel better and hoping that the world joins us in that emotion. And we do it with sharpened hindsight from the comfort of knowing that the threat is no longer imminent.

Meanwhile “the other” still plots and would gladly kill the children of anyone who would do their cause harm.

Aren’t we wonderful?