I agree with Ashton that it is a bad idea -- an awful idea -- to have the DoJ's Civil Rights Division investigate the IRS scandal. I also agree with Ashton that in the short run, the best thing of all is to keep letting Congress (and the press) investigate this outrage, and let the body politic be the judge. In fact, that's what Andy McCarthy argues today at National Review Online, with superb reasoning:

The Framers would have been astounded at the notion that Congress’s responsibility to ensure the proper working of government could be delegated to an unaccountable prosecutor. The paramount question is whether the government is out of control, not whether some mid-level official (or even a higher official) can be convicted by a jury.

Indeed, I think there is some agreement between Mukasey…[more]