The outgoing IRS commissioner claimed Friday that his agency's practice of singling out conservative groups for extra scrutiny was "foolish" and "horrible" -- but not illegal.
That determination, however, is up to the Justice Department to make as it begins to formally probe what went on at the agency over the last three years.
While the soon-to-be-former Acting Commissioner Steven Miller repeatedly rebuffed the most serious allegations Friday regarding his agency, Attorney General Eric Holder has said criminal actions could be brought.
There appear to be at least three prime areas where possible criminal violations could be investigated -- whether the IRS lied by concealing the program; whether it broke the law with its targeting of conservative groups; and whether it leaked confidential information. Holder also said civil rights violations could be examined.
Lawmakers were closely focused on the first allegation during Friday's hearing, claiming they were at least misled when Miller and other IRS officials declined to tell Congress about the practice.
Miller knew about it in May of last year, but did not fully disclose what was happening during a hearing two months later. Other IRS officials in the loop also did not come forward.