House Speaker John Boehner went on Fox News today to discuss the establishment of a House Select Committee to investigate Benghazi. He qalso said he would not seek the arrest of former IRS official Lois Lerner for being in contempt of Congress.

“This is a serious invetigation,” said Boehner. ” I don’t want theater. I don’t want a side show. I want the members of this committee to find the facts for four families who lost their loved ones and to find the facts for the American people.

In responding to Democrat critics, Boehner also defended the make-up of the committee pointing out that Republicans have the majority on all House committees, which is standard procedure for both parties in the House. 

As for Lerner, Boehner said it’s up to the Attorney General to arrest her. “Now, will he do it? We don’t know. But the ball is in his court,” said Boehner. He also acknowledged a provision in the Constitution that would allow him to order Lerner’s arrest, saying, “it’s never been used. I’m not quite sure we want to go down that path.”