Weighing everything, President Obama got it about as right as one could when he decided to ban the use of torture, to release the Bush torture memos for public scrutiny and to not prosecute the lawyers and interrogators who implemented the policy. But there is nothing for us to be happy about in any of this.

After all, we’re not just talking about “enhanced interrogations.” Lawrence Wilkerson, the former chief of staff to Secretary of State Colin Powell, has testified to Congress that more than 100 detainees died in U.S. custody in Iraq and Afghanistan, with up to 27 of those declared homicides by the military. They were allegedly kicked to death, shot, suffocated or drowned. Look, our people killed detainees, and only a handful of those deaths have resulted in any punishment of U.S. officials.

The president’s decision to expose but not prosecute those responsible for this policy is surely unsatisfying; some of this abuse involved sheer brutality that had nothing to do with clear and present dangers. Then why justify the Obama compromise? Two reasons: the first is that because justice taken to its logical end here would likely require bringing George W. Bush, Donald Rumsfeld and other senior officials to trial, which would rip our country apart; and the other is that Al Qaeda truly was a unique enemy, and the post-9/11 era a deeply confounding war in a variety of ways.

First, Al Qaeda was undeterred by normal means. Al Qaeda’s weapon of choice was suicide. Al Qaeda operatives were ready to kill themselves  as they did on 9/11, and before that against U.S. targets in Saudi Arabia, Kenya, Tanzania and Yemen  long before we could ever threaten to kill them. We could deter the Russians because they loved their children more than they hated us; they did not want to die. The Al Qaeda operatives hated us more than they loved their own children. They glorified martyrdom and left families behind.