On September 17, 2007, Mukasey was nominated by President Bush to replace Alberto Gonzales as the Attorney General.
At his nomination press conference with the President, Mukasey stated, "The task of helping to protect our security, which the Justice Department shares with the rest of our government, is not the only task before us.
The Justice Department must also protect the safety of our children, the commerce that assures our prosperity, and the rights and liberties that define us as a nation."

Because Mukasey would likely serve only until the end of President Bush's term of office in January 2009, the White House hoped Mukasey would be confirmed by the Senate by October 8, 2007.
At first, a quick confirmation seemed likely.
Senator Patrick Leahy, the Democratic Chairman of the Senate Judiciary Committee, was pleased that Mukasey was committed to a new administrative rule that would reduce the influence of the White House and other politicians on Justice Department investigations and personnel.
This concession sought to avoid problems that arose during the controversy over the dismissal of U.S. Attorneys under the previous Attorney General's tenure.

However, during confirmation hearings, controversy arose over Mukasey's responses to questions about torture.
Mukasey refused to state a clear legal position on the interrogation technique known as waterboarding (in which water is poured over a rag on the prisoner's face to simulate drowning).
Leahy and the other nine Democratic committee members indicated to Mukasey, via letter, that they were "deeply troubled by your refusal to state unequivocally that waterboarding is illegal during your confirmation hearing..."
It appeared that Mukasey may have been concerned about the potential pursuit of government employees or agents, and their authorizing superiors, in American or foreign courts under criminal charges, when responding to the Senate Judiciary committee questions.

In describing the issue's challenges to the Bush administration, The New York Times quoted Scott L. Silliman, director of the Center on Law, Ethics and National Security at Duke University, as saying about such court cases, which could ultimately reach the president: "You would ask not just who carried it out, but who specifically approved it."

However, Robert M. Chesney, of Wake Forest University School of Law, and other national security specialists have pointed out that prosecution within the United States would be impeded by laws adopted since 2005 which permit safe-harbor protections to interrogators for governmentally authorized actions.
It was believed that secret Justice Department legal opinions approved waterboarding and other procedures officially called "harsh interrogation techniques".

By November 1, 2007 five senators – Christopher Dodd of Connecticut, Joseph Biden of Delaware, John Kerry of Massachusetts, Edward Kennedy of Massachusetts and Bernie Sanders of Vermont – in addition to Leahy had announced their intention to vote against Mukasey's confirmation due to concerns about his stance on torture.
Nevertheless, on November 6 the Senate Judiciary Committee endorsed the nomination of Mukasey, by an 11 to 8 vote, and sent his confirmation on to the full Senate.
 Two days later, the Senate confirmed Mukasey by a 53–40 vote.
The tight vote was the narrowest margin to confirm an attorney general in more than 50 years.
Mukasey was sworn in at a private ceremony on November 9, 2007.

In 2009, legal ethics complaints were filed against Mukasey and other Bush administration attorneys for their roles in advocating torture.
On September 17, 2007, Mukasey was nominated by President Bush to replace Alberto Gonzales as the Attorney General. At his nomination press conference with the President, Mukasey stated, "The task of helping to protect our security, which the Justice Department shares with the rest of our government, is not the only task before us. The Justice Department must also protect the safety of our children, the commerce that assures our prosperity, and the rights and liberties that define us as a nation."
Because Mukasey would likely serve only until the end of President Bush's term of office in January 2009, the White House hoped Mukasey would be confirmed by the Senate by October 8, 2007. At first, a quick confirmation seemed likely. Senator Patrick Leahy, the Democratic Chairman of the Senate Judiciary Committee, was pleased that Mukasey was committed to a new administrative rule that would reduce the influence of the White House and other politicians on Justice Department investigations and personnel. This concession sought to avoid problems that arose during the controversy over the dismissal of U.S. Attorneys under the previous Attorney General's tenure.
However, during confirmation hearings, controversy arose over Mukasey's responses to questions about torture. Mukasey refused to state a clear legal position on the interrogation technique known as waterboarding (in which water is poured over a rag on the prisoner's face to simulate drowning). Leahy and the other nine Democratic committee members indicated to Mukasey, via letter, that they were "deeply troubled by your refusal to state unequivocally that waterboarding is illegal during your confirmation hearing..."
It appeared that Mukasey may have been concerned about the potential pursuit of government employees or agents, and their authorizing superiors, in American or foreign courts under criminal charges, when responding to the Senate Judiciary committee questions.
In describing the issue's challenges to the Bush administration, The New York Times quoted Scott L. Silliman, director of the Center on Law, Ethics and National Security at Duke University, as saying about such court cases, which could ultimately reach the president: "You would ask not just who carried it out, but who specifically approved it."
However, Robert M. Chesney, of Wake Forest University School of Law, and other national security specialists have pointed out that prosecution within the United States would be impeded by laws adopted since 2005 which permit safe-harbor protections to interrogators for governmentally authorized actions. It was believed that secret Justice Department legal opinions approved waterboarding and other procedures officially called "harsh interrogation techniques".
By November 1, 2007 five senators – Christopher Dodd of Connecticut, Joseph Biden of Delaware, John Kerry of Massachusetts, Edward Kennedy of Massachusetts and Bernie Sanders of Vermont – in addition to Leahy had announced their intention to vote against Mukasey's confirmation due to concerns about his stance on torture. Nevertheless, on November 6 the Senate Judiciary Committee endorsed the nomination of Mukasey, by an 11 to 8 vote, and sent his confirmation on to the full Senate.  Two days later, the Senate confirmed Mukasey by a 53–40 vote. The tight vote was the narrowest margin to confirm an attorney general in more than 50 years. Mukasey was sworn in at a private ceremony on November 9, 2007.
In 2009, legal ethics complaints were filed against Mukasey and other Bush administration attorneys for their roles in advocating torture.
Michael Mukasey