Attorney General Eric Holder was a no-show yesterday by missing the deadline to explain testimony he gave on May 15 about reporter surveillance.

Lawmakers have already said that they will subpoena Holder if necessary.

On May 15 Holder testified under oath that he didn't know about the potential prosecution of the press. It became known a few days later that Holder was involved in obtaining personal emails of Fox News reporter James Rosen. The Department of Justice obtained the documents by saying that Rosen was a likely criminal in a leak case.

Earlier this week the Justice Department sent a response that was written by a lower-level official, not by Holder, to the Republican leaders of the committee. Committee leaders said it doesn't address their concerns. Chairman Bob Goodlatte, R-Va., and Rep. Jim Sensenbrenner, R-Wis.,wrote back, "A letter from a subordinate that fails to answer many of our questions does not suffice."

Congressman Jim Sensenbrenner said his committee is prepared to compel Holder to explain if he missed yesterday's deadline.

"I think we ought to subpoena the attorney general to come back and answer those questions specifically."

Sensenbrenner and Cavuto discuss Holder and the Media Surveillance Scandal