Some members of Congress requested that Lerner be charged with contempt after she refused to testify at a congressional hearing investigating her role in denying or delaying the applications for tax-exempt status of "tea party" and pro-limited government organizations.

Cynics might suggest it is not surprising that a former government official would avoid prosecution for refusing to tell Congress about how federal employees abused their power to help the incumbent administration. These cynics have a point, but the problem goes beyond mere partisanship. Government officials are rarely prosecuted for even the most blatant violations of our liberties. In contrast, federal prosecutors routinely pursue criminal charges against whistleblowers. For example, the only American prosecuted and imprisoned in relation to the government's use of torture was whistleblower John Kiriakou!

While some officials like Lois Lerner who find themselves at the center of a high-profile scandal or partisan dispute can expect harsh treatment from Congress, this is the expectation, not the rule.