Former Enron chairman Lay to invoke Fifth

WASHINGTON -- Former Enron chairman Kenneth Lay will assert his right against self-incrimination and refuse to answer questions when he appears before Congress under subpoena this week, 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, said Sen. Byron Dorgan, D-N.D., chairman of a Senate Commerce panel on consumer affairs.