Do you see "might as well have" as being conditional, like Spanish habría? Consider X to be Uhura is prosecuted and Y to be Valaris is prosecuted. Is "might as well" only used in the structure "X might as well have happened, if thing Y (which did not happen) had happened?" Put yet another way, "If Y were true, X would be a plausible condition." In this interpretation, it implies Y is false, i.e. Valaris is free. I do not use the modal verb might in this way. To me it's more like, "X is a plausible outcome, because Y is also plausible." I use it like Spanish 'X' podía pasar pues 'Y' también podía pasar. I do not use it like 'X' podría haber pasado si 'Y' hubiera pasado. I understand that modal verbs are vague in English. I'm not trying to beat a dead horse but rather to understand the nuts and bolts of how you're interpreting the grammar. Thank you for indulging my technical grammar question.