O'REILLY: By somebody.
RYAN: By somebody, by the IRS for sure.
RYAN: The question is what we do not know and what this investigation will bear out. And that's why we are interviewing all these various IRS employees getting the documents. The IG is now doing an investigation not -- they did an audit.
RYAN: Now they are doing investigations.
O'REILLY: That's the Inspector General.
Now Lois Lerner you know her -- she is the one who took the Fifth.
O'REILLY: Right ok. So if you give her immunity your House and Ways Committee and say look Miss Lerner we're giving you immunity you can't be prosecuted, she then has to testify in front of you, has to. Compelled by law too; correct, am I right.
RYAN: Well then, yes that she -- therefore there is no reason to take the Fifth.
O'REILLY: Well no but if she says I'm still not going to testify, couldn't you charge her with something?
RYAN: I think that's the case. That's right.
O'REILLY: Right, that's what you should do. Just get her and give her immunity.
RYAN: Look we have a lot of people telling us do the investigation this way. Do the investigation that way.
O'REILLY: I know that but nobody as smart as me.
RYAN: I appreciate that.
O'REILLY: And Kelly is going to agree with me right behind you. All right, ok. But you could squeeze --
RYAN: We're doing this methodically. We are doing this the right way, we're not -- this is not a partisan. Which is -- this is get to the facts. Get to the truth.
O'REILLY: You have to. You have to.
RYAN: And follow the facts. And that's why we're taking this investigation extremely seriously. We are merging two different committees to do this.
O'REILLY: How long is this all going to take?
RYAN: It's going to take months.
O'REILLY: All right so the rest of 2013 you're probably in.
RYAN: I don't want to put an end because I don't know where the facts will take us.
O'REILLY: Holder you want him to quit. Should he quit?
RYAN: Yes look (inaudible) who is a close friend of mine, one of the giants in the legal community, a member of the Judiciary Committee called for his resignation yesterday.
O'REILLY: And so did you after "Fast and Furious."
RYAN: And so -- and so, look, I think -- when a -- and when a legal giant like (inaudible) who knows this agency extremely well says this man has -- has gone beyond the pale of his office I agree with that.
O'REILLY: All right so you think he's going to resign. I mean --
RYAN: I don't know the answer to that.
O'REILLY: Well Axelrod said over the weekend -- Axelrod I mean that's speaking for the President.
RYAN: Yes I have no idea if he is going to resign or not. Look, we think what his testimony was before the judiciary contradicted the actions he made just like the testimony of the acting commissioner of the IRS contradicted what we now know he knew at the time.
So we see two instances here where -- where people from the administration came and misled Congress.
O'REILLY: Issa is -- Darrell Issa now the Congressman, you know is subpoenaing all the documents from the State Department to try to find out about Benghazi.
RYAN: Right, that's right.
O'REILLY: Right? That's a smart play because Kerry has got to hand them over, right?
RYAN: That's right. That's right. So you know the story on Benghazi. Most Americans don't know the story which is they knew right away because of the number two man in charge Gregory Hicks said that this was a terrorist attack.