This is not a private attorney that is making the opinion of law - it is a federal employee charged with that as the person goes about doing their assigned tasks.

The government generally is disinclined to counter their own judgment. Expecting the AG to prosecute actions by DOJ employees who had gone through the proper channels and consulted DOJ lawyers as to the legality of waterbaording and after hearing a "go ahead it's legal" proceed to do so, are in an entirely different category than a private citizen and their tax attorney bilking the government.

Why isn't the AG prosecuting? Because he understands this. To prosecute would be disrupt the assumption of legality in the daily acts of millions of Federal employees!

Fed employee 1: "Dump the trash outside"

Fed employee 2: "Ok, can I dump it outside in the dumpster?"

Fed employee supervisor 3: "Yeah, that's ok."

Fed employee from another dept. 4: "Did you empty that trash bin into the authorized receptacle?"

Fed employee 2: "I just used the dumpster out back! My supervisor said it was ok!"

Fed employee 4: "Ok...I want to start an investigation! I suspect you broke some sort of law!"

Fed AG: "Forget it. Get a life."

Get it now?

;-)