Weird, isn't it, how the story broke just about the time that a seriously flawed piece of legislation was passed, effectively rubber stamping the President's ability to torture whoever he wants by defining them as enemy combatants. Sure, John McCain has the President's word that he'd never ever contravene the Geneva Conventions, but I think it should be clear what the President's word is worth, and what his administration really thinks of the Conventions.
Here's my theory. ABC is still working with the Republicans, at least partly. They get to break a big story that appears to reinstate them as watchdogs of the public trust (after all, Foley did need to get pushed out). The ensuing media circus distracts from the really more significant issue of the day. Perhaps the republican house leadership gets further pulled into the story than they meant to, but in the end, it still looks like a win, and at least the Foley matter is something they can attempt to spin without looking like the torturing bastards they really want to be.
BTW "more significant" doesn't mean that Foley's conduct and the House leadership's inaction aren't significant. It's just that I think torture is a more significant and NEW problem for the republic. Foley just needs to get hoist on his own legislative petard to make another example for public hypocrites and predators.