Lawmakers are set to vote today about whether former IRS official Lois Lerner should be held in contempt of Congress for twice refusing to testify about the targeting of conservative groups.

'You Don't Want to Go There, Buddy!': Holder, Gohmert in Heated Exchange

Judge Napolitano told Steve Doocy, "For contempt of Congress to have teeth, the contempt citation has to be sent to the Justice Department, which has to prosecute the person being held in contempt. They're obviously not going to prosecute their boss, Eric Holder, and he's not going to authorize them to prosecute this lady, who used to work in the administration."

Napolitano also feels Department of Justice head Eric Holder should be impeached, "I thought that Eric Holder's behavior was so contemptuous of what the Congress would expect of an attorney general. ...Impeach him, force the President of the United States to nominate a new attorney general. All of that can be done without the president's involvement and against his wishes."

Watch the video above, and check back each day for all of Judge Nap's analysis on Fox News Insider.

More on the IRS SCANDAL from Fox News:

O'Reilly on Holder: 'A Politician Masquerading As a Law Enforcement Agent'

Greta Van Susteren: Crowdsourcing the Solution to IRS Probe

Sekulow: House Letter to Holder Contains 'Damning' Info Against Lois Lerner