Kenneth Lay to invoke Fifth Amendment during congressional testimony

WASHINGTON - Former Enron chairman Kenneth Lay, scheduled to testify under subpoena before Congress on Tuesday, will invoke the Fifth Amendment's protection against self-incrimination and refuse to answer questions, his spokeswoman said Sunday night.

"Under the instruction of counsel, Mr. Lay will exercise his Fifth Amendment rights at the Tuesday hearing," Kelly Kimberly said in Houston.

She declined further comment.

Two committees snubbed by Lay a week ago have issued subpoenas compelling him to appear. Some lawmakers had said they expected he would assert his constitutional right against self-incrimination, though his attorney had not previously indicated he would do so.

"We will be respectful but tough," in questioning Lay, Sen. Byron Dorgan, D-N.D., chairman of a Senate Commerce panel on consumer affairs, had told CNN earlier Sunday.

Lay's colleague at Enron, former chief executive Jeffrey Skilling, did testify last week.

But a number of leaders of Congress' investigations of the Enron collapse made clear earlier Sunday that they didn't believe the sworn testimony of Skilling. One suggested Skilling could face accusations of perjury as a result of his testimony.

Lay, who was a friend and political backer of President Bush, has not spoken publicly about the Enron disaster since the company entered bankruptcy in December.