H/T Dad29. I hadn't really considered this angle.
So what's the big deal in passing legislation to outlaw waterboarding and any other harsh technique Congress doesn't like? The Democrats own both Houses of Congress and the White House. A "Truth Commission" is nothing more than political cover so waterboarding is available..."just in case". Democrats lie about culpability so easily (anyone remember three particular Democrats with ties to Fannie Mae?) that they should have no problem with this one. When thousands of Americans die because sitting a terrorist down for tea and cookies doesn't get his plans, they can just "blame Bush".