He Said He Said

"[S]everal Members of Congress, including the full memberships of the House and Senate Intelligence Committees and Senator McCain, were briefed by General Michael Hayden, Director of the CIA, on the six techniques that we discuss herein," writes Steven G. Bradbury, a deputy assistant attorney general in the July 20, 2007, memo, which cites a CIA summary of the discussions. "In those classified and private conversations, none of the Members expressed the view that the CIA detention and interrogation program should be stopped, or that the techniques at issue were inappropriate."

A spokeswoman for McCain said that contrary to those claims, the Arizona Republican repeatedly raised objections in private meetings, including one with Hayden, about the use of sleep deprivation as an interrogation technique.

  Time

Why this argument matters is explained.

The U.S. State Department has long characterized extended sleep deprivation by foreign countries as a form of torture, though Bradbury in his memo dismissed this fact as not providing "controlling evidence" on the issue of contemporary standards. The U.S. Army Field Manual, which regulates military interrogations, also prohibits extended sleep deprivation, but Bradbury dismissed this standard as failing to provide "dispositive evidence" of the government behavior.

[...]

The CIA account of the congressional briefing was used by Bradbury to argue that prolonged sleep deprivation did not "shock the conscience," a legal standard based on the Constitution's Fifth Amendment right to due process. While "not conclusive on the Constitutional question," Bradbury argued that the lack of objections from members of Congress following the classified briefing contributed to providing "a relevant measure of contemporary standards." If Bradbury had concluded that extended sleep deprivation did "shock the conscience," the technique would have been illegal under the Detainee Treatment Act of 2005, which applied constitutional standards to the treatment of CIA detainees.

Personally, I don't think you can reasonably use Congressional members as standards of conscience.

....but hey, do what you want....you will anyway.