On Wednesday, former IRS official Lois Lerner pled the Fifth for the second time during a congressional hearing on the IRS’s targeting of conservative groups.

House Oversight Committee Chairman Darrell Issa (R-CA) went ‘On the Record’ last night, telling Greta Van Susteren that the committee is considering holding Lerner in contempt of Congress.

Judge Andrew Napolitano weighed in on the latest developments today on The Real Story.

He said, “If the House holds her in contempt, it’s a badge of disrepute. It does not have the force of law.”

Judge Napolitano said there’s a “very slim” chance that holding Lerner in contempt would compel her to testify. “Their best hope with her is to give her immunity and then she will have no Fifth Amendment protection.”