Justice Dept . sent 7-page letter to House Speaker John Boehner explaining why the former IRS official was allowed to plead the First Amendment . Federal prosecutor in charge of the case sent his decision to Capitol Hill on the last day before his own resignation took effect . Lerner offered a self-serving opening statement during a 2013 hearing , but refused to take questions even though she was under subpoena . Hearing focused on the IRS 's habit of targeting conservative groups with special scrutiny based on words like 'patriots ' or 'tea party ' in their names . The DOJ says she ca n't be prosecuted for defying the subpoena 'because she made only general claims of innocence ' and offered few details .
Justice Dept . sent 7-page letter to House Speaker John Boehner explaining why the former IRS official was allowed to plead the Fifth Amendment . Federal prosecutor in charge of the case sent his decision to Capitol Hill on the last day before his own resignation took effect . Lerner offered a self-serving opening statement during a 2013 hearing , but refused to take questions even though she was under subpoena . Hearing focused on the IRS 's habit of targeting conservative groups with special scrutiny based on words like 'patriots ' or 'tea party ' in their names . The DOJ says she ca n't be prosecuted for defying the subpoena 'because she made only general claims of innocence ' and offered few details .