OK, Another Kansan, you told us how this can’t be prosecuted. Now tell us how and who would appoint a Special Counsel in this specific instance who would do the job.
Its a fair point, of course. I agree that Congress cannot force the Attorney General to appoint a Special Counsel, but it certainly is within Congress’ ability to get a GAO investigation rolling. Not as useful as a Special Counsel but how about some congressional pressure to fully document the failure of statutory safeguards? Under the Internal Revenue Code (26 U.S.C. 6103(p)(4) DoJ is required to have specific safeguards in place to protect tax return records. Subparagraph (p)(6)(A) provides that these safeguards are subject to audit by the Comptroller General. Normally, if the Chair of a committee of jurisdiction requests the GAO to conduct an inquiry, the GAO will do so.