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"If we had a pardon followed by something like a truth and reconciliation commission, that might not be such a bad outcome."
Sorry, but who would these criminals "reconcile" with? The dead? The tortured? The maimed? The now-insane? Please, suffice it to say these war criminals are going to get away with it because they can. As long as the United States isn't Rwanda, Congo, Serbia or any other nation that lacks geopolitical power, its "leaders" can commit crimes with impunity and answer to no one. This can be cloaked in all manner of legal/ethical/political niceties, but that one fact remains--the globally powerful can abuse the rest of humanity as they choose and they will never, never, be held to account.