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.”
This is a purposeful attempt by the Obama administration to shift the 2014 election conversation to immigration, as opposed to Obamacare – and the designed humanitarian crisis has been purposefully created, in violation of law, to give President Obama the supposed moral impetus for unilateral executive action, as I wrote back in early April.
The Obama White House’s decision not to prosecute or deport the so-called DREAMers – illegal immigrants between the ages of 16 and 30 who arrived as minors in the United States – did not constitute an exercise of prosecutorial discretion. It was pure obstruction of justice. As I write in the book:
The Obama administration’s obstruction of justice has been most egregious with regard to enforcement of federal and state immigration law….Nothing in the Constitution gave Obama the authority to allow selective prosecution of different types of illegal immigrants. If he wanted to push immigration reform, he could have done it throughout his presidency.
So, if the Obama administration routinely engages in illegal activity – which it does – what’s the solution? It isn’t to plead with Eric Holder to suddenly start policing himself, especially given the fact that Holder is probably the lead criminal in the administration. And it isn’t impeachment, given that the entire Obama administration is honeycombed with criminality, and that impeachment has been used a grand total of 19 times by the House and only 8 Senate convictions have ever been reached – one every three decades or so.
The answer is to devolve authority to the people of the United States to sue members of the executive branch under the Racketeer Influenced and Corrupt Organizations Act of 1970. We must become, as the Supreme Court put it regarding RICO, “‘private attorneys general’ on a serious national problem for which public prosecutorial resources are deemed inadequate.” The executive branch is the “serious national problem.” We are the solution. Want to do something about it? Call your congresspeople and push them to amend RICO to allow private suits against the executive branch.
Ben Shapiro is Senior Editor-At-Large of Breitbart News and author of the new book, The People vs. Barack Obama: The Criminal Case Against The Obama Administration (Threshold Editions, June 10, 2014). He is also Editor-in-Chief of TruthRevolt.org. Follow Ben Shapiro on Twitter @benshapiro.