On Sunday, Senator Ted Cruz (R-TX) called for a special prosecutor to investigate the mysterious missing emails from former IRS charitable organizations head Lois Lerner between January 2009 and April 2011. The IRS announced that the emails had gone missing on Friday, prompting House Ways and Means Committee chairman Dave Camp to fume, “There needs to be an immediate investigation and forensic audit by Department of Justice as well as the Inspector General.” Cruz went further, tweeting out a call by Ron Fournier of National Journal for a special prosecutor.

The IRS’ activity is surely criminal, under 26 US Code Section 7212 and 5 US Code Section 7323. As I write in my book, The People vs. Barack Obama: The Criminal Case Against The Obama Administration, “the IRS and the Obama administration violated both the Hatch Act and the ‘omnibus’ provision of the Internal Revenue Code.”

But here’s the reality: the DOJ will not investigate, and the Obama administration will never sanction a special prosecutor. In March, Eric Holder denied Cruz’s request for a special prosecutor on the IRS issue. Which means that, as usual, the executive branch is entirely unanswerable for its crimes.

The Obama administration knows that. Which is why the administration has no problem whatsoever abusing its power to grant access to the United States to Mexican gang members. As the Washington Times reported today, “Border Patrol officials are swamped by the number of minors crossing illegally into the United States and frustrated that they can’t turn away known Mexican gang members.”

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