The U.S. Justice Department and FBI are conducting a criminal investigation into the IRS’s targeting of conservative groups, Attorney General Eric Holder said Tuesday. The IRS revealed last Friday that officials had scrutinized certain groups with the names “tea party” and “patriot” that had applied for tax exempt status, a move that Holder called “certainly outrageous and unacceptable,” if not criminal. The IRS has since apologized for its actions, but sorry may not be enough in this case. Regarding the Justice Departent’s seizure of the AP’s phone records, Holder told reporters it was part of an investigation into a “very serious leak,” but that he had recused himself from the investigation last year.