Republican Speaker of the House John Boehner refused to consider using the House’s constitutional authority to arrest disgraced IRS official Lois Lerner for being in contempt of Congress, noting it’s never been used before and should be left to Attorney General Eric Holder.

On Sunday, Boehner spoke with Fox News’ Maria Bartiromo about next steps in the investigation into the alleged targeting of conservative nonprofit groups by the IRS. As head of the tax revenue service’s nonprofit division at the time, Lerner has repeatedly refused to testify before lawmakers — leading to last Wednesday’s vote holding her in contempt of Congress.

“The contempt charge has gone to the attorney general,” Boehner explained, “and it’s up to the attorney general, Eric Holder, to prosecute this, and to assign someone to prosecute the case. Now, will he do it? We don’t know. But the ball is in his court.”