Yes, I can see that ignoring the facts regarding the incident are going to be off limits in seeking justice, even though they are core to understanding the main topic, recertification. Ignoring the facts makes sense if you have predetermined a desired outcome.
When you enter a courtroom have you looked at sufficient legal precedents to understand how the case might go or do you just wing it? Would a loss for your client be your fault if you just winged it or would you say that LexisNexis let you down and deserve all the blame? Or would your Bar association that skipped questions of law share some blame? Possibly if your school didn't even cover law before giving you a degree. Surely it's someone else's fault, someone with cash.
However far up the chain responsibility for pilot mismanagement of that flight goes needs to be investigated. But they won't be.
There will be no justice.