In a competent investigation, one designed to find out what actually happened, Lois Lerner would have been immunized months ago. That is, Congress would have voted to compel her testimony by assuring that her statements could not be used against her in any future prosecution — removing the obstacle of her Fifth Amendment privilege against self-incrimination.
The variety of fact patterns that can be investigated is infinite. Still, almost all of them fall into just a few categories of enforcement action dictated by the public interest. Let’s look at two of them.
Sometimes, behavior is heinous but essentially private — i.e., of interest mainly to the people directly affected by the misconduct. In such cases, the priority is to prosecute and punish the wrongdoers, so you obviously resist granting immunity to a culpable party.
In other situations, reprehensible behavior affects the public at large….