You know what really pisses me off about this? I'm no great fan of Bush/Cheney, but by waiting until he's President to do this instead of raising hell when he was a Senator, Obama is actually validating the Bush opinion that these powers rest in the executive branch.
What could of had he done as Senator? Try to create a commission?
Do you remember the last commission that tried to get away from Dubya's thumb? It was the 9/11 Commission and we all remember what happened there.
50 years from now, I wouldn't be surprised if that is seen as something similar to Pearl Harbor by the way. Something that the Gov't had prior knowledge to, did nothing about, and probably even encouraged similar to how FDR encouraged the Japanese to bomb Pearl Harbor and for Germany to sink our ships.