When we think about culpability for the events of Jan 6, who to blame, and how to move forward, there are parallels to be found in the torture era in the "war on terror." And there are so many mistakes from that era that we might usefully consider today.

Obviously there are significant differences in substance, and I am not seeking to draw some specific parallel between the actors themselves, only how we approach accountability at the top and at the bottom.

During the United States' torture era, for lack of a better phrase, we had, as here, elite and highly trained lawyers, public figures, and government officials condoning, legally justifying, and calling for--in that case ordering--certain actions.

The Office of Legal Counsel within the Justice Department issued memoranda, seeking to justify the use of "enhanced interrogation techniques," in an effort to legally sanction the mistreatment of detainees and provide legal cover for those carrying it

The truth is that despite these elite lawyers' willingness to turn the law into a pretzel to justify this mistreatment, it was unlawful. It was torture. And it was a war crime.