House Speaker John Boehner sat down with Megyn Kelly Monday night, maintaining that he wants someone to go to jail for the IRS scandal.

"Somebody at the IRS violated the law. Whether it was Lois Lerner or not, we'll find out," he said.

The House Ways and Means Committee is pushing for Attorney General Eric Holder to pursue a criminal case against Lerner, accusing her of misleading investigators and releasing private taxpayer information. Judge Andrew Napolitano reacted this afternoon, telling Bill Hemmer it is unlikely that Holder will follow through on any charges against Lerner.

"It'll be extremely unlikely that President Obama's own, handpicked, chosen, appointed attorney general, Eric Holder, would launch an investigation of his own handpicked, chosen management of the IRS over something as hot-button as this," said Napolitano, adding that the Obama administration controls "the engine of prosecution" needed to bring criminal charges against IRS officials.

He further explained why the investigation of the IRS scandal is "dead in the water." Napolitano pointed out that current law gives the IRS "broad leeway," paving the way for possible abuse by the executive branch. Napolitano said both Presidents Nixon and Obama have used the IRS against political opponents.

He said nothing will change until Congress has the "moral courage" to make the IRS totally neutral.

"Until they do that, this is gonna happen. And it's gonna happen depending upon the personal choices and morality of the president. This president is willing to abuse the IRS to torment his political opponents. It's reprehensible, but it's lawful," said Judge Napolitano.

Another House committee is getting ready to vote to hold Lerner in contempt of Congress. Hear Judge Napolitano's analysis on that topic in the clip above.