At today's Capitol Hill hearing with Attorney General Eric Holder at first wasn't sure who subpoenaed the AP's phone records, but later blamed his deputy attorney general:

"I'm trying to find out who authorized the subpoena," Rep. Sensenbrenner said. "You can't tell me if Deputy Attorney General Cole authorized the subpoena. Somebody had to authorize the subpoena because the code of federal regulations is pretty specific that this is supposed to go as close to the top as possible."

"No, what I'm saying is that I can't say as a matter of fact," said Holder. "I have to assume, I say I would probably 95%, 99% certain the deputy attorney general acting in my stead was the one who authorizes the subpoena."

A little bit later, Holder said, "Let me say this: I've been given a note we have confirmed that the deputy was the one who authorized the subpoena."

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