I hate how all of the arguments about torture get tied together in people's minds with the argument about lawfulness. We can pass laws that make torture legal. We can even pass a law saying that, as Cheney would say, "the gloves are off" for anyone the president deems an "enemy combatant". But laws are written by Congress, not the President. And under current law, torture is illegal.
It's also telling that Republicans are against even investigations into our torture regime. The spectre of political vengeance is obviously not their chief concern when they won't even allow us to sort out what actually happened. Even after Bush is convicted, Obama can still pardon him, like Nixon. They just don't want the truth to come out, because they know that when all the cards are on the table, public opinion is against them.