Where's that coming from. He's held nearly 1,000 suspected terrorists and foreigners without cause and in the face of critics; plus, he was a key player on the military tribunal idea.
And, he's basically told the Senate to piss off.
I guess you'd rather have that seditious freak Orrin Hatch in there?
The first thing Ashcroft did in office was to continue Reno's jihad against the Indianola Baptist Temple. He has run interference for his predecessor since then and his reaction to the 9/11 attacks was to whine that the Constitution is in his way and that he can't do his job without setting it aside.
Why does Hatch occur to you as an alternative? Why not Ted Olson?