but Ed, you appear to be missing the point of an accident investigation
Starbear, I investigated a number of accidents in my military career. I see no difference in the basics of investigation of civilian and military mishaps. In military aircraft accident investigations, the purpose is indeed to learn, and for that reason, information gathered cannot be used in disciplinary proceedings. In fact, information gathered by military accident investigation boards is privileged and cannot be used in legal proceedings. Legal liability can only be determined by separate investigations with full legal protections for all parties.
You and I seem to agree that there certainly is ample evidence that the flaps and slats were not set properly but the accident investigators don't say that. They are weasel-wording the interim report for their own reasons, whatever they may be. Saying that they could not conclusively determine the position of the flaps and slats is pure hogwash. That's why I ask, "What more do they want?"