eric holder is choosing the special prosecutor. >> but at the end of the day i don't think there's a way at least i know around it. there used to be a statute that appointed ken starr which you would have an independent committee or panel do it. but there is no statute for that right now. so the person to appoint it would be eric holder at this point. jon: right. >> so you would have to hope the public pressure is so much that he would feel the need to appoint someone beyond blemish. jon: and then there's senator max baucus, he doesn't like the idea of a potential counsel atil counsel, but isn't he one of those who wrote to the irs and urged them to start investigating some of these conservative groups? >> with he certainly was. he asked the irs to look into conservative groups. he didn't ask them to look into conservative groups at the expense of looking at anything else or only target them specifically, but maybe that was the sense the irs got from people like max baucus and other democrats who hammered them to look into tea party groups. i think that, ultimately, as i said, a special prosecutor is needed not only to look at that, but also to look at some of thes