OK, sure, but they both fit into the larger picture. Under our watch, prisoners both innocent and guilty have been treated in ways that were called torture until we decided to start doing it ourselves. As Tim points out, the revelations regarding the CIA have destroyed the “isolated incident” argument that was bandied about for Abu Graib. The fact you point out — that these are completely different situations — simply goes to show that there is a systemic encouragement of this sort of behavior.

That being said I still believe that we should go forward with the prosecution. Thats why we have the law. To determine whether an illegal act occured.