He has been confirmed. Get over it.
NOT to advocate or defend torture. And therfore NOT to be confirmed as AG.
"However, Gonzales, Bybee, and their crew crossed a different ethical line. They were not acting as courtroom advocates but as legal advisers, with a different professional standard to which they needed to adhere. Model Rule 2.1, titled "Advisor," provides that "a lawyer shall exercise independent professional judgment and render candid advice." Legal advisers must play it straight, even where the "[l]egal advice [may] involve unpleasant facts and alternatives that a client may be disinclined to confront." Independence means saying what the law is?as mainstream lawyers and judges understand it?regardless of what the client wishes it to be. Candor requires lawyers with eccentric theories to warn their clients whenever their legal advice veers away from the mainstream. The torture lawyers betrayed both these principles with the advice they gave the White House.
"In the "Bybee Memo," for example, candid advice demands that when you discuss the "necessity defense" to the crime of torture, you mention that the defense has always been a loser in federal court. In the case of a later OLC memo by now-Harvard law professor Jack Goldsmith on the Geneva Conventions, candor means forthrightly reminding your client that the Geneva Convention forbids coercive interrogations?not burying this unwelcome point in a vaguely worded footnote."