No matter what anyone says about waterboarding it is considered torture. People have been prosecuted for doing it and just because some Justice deptartment lawyers said it wasn't doesn't mean it isn't.
With this in mind and the recently disclosures by VP Cheney that he was aware of the waterboarding and coordinated it's use, I do think he is in some legal hot water. Will it happen? Probably not. Should it happen? I think it should.