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Hail of criticism for Enron chief at Senate hearing

Rupert Cornwell
Tuesday 12 February 2002 20:00 EST
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Finally he was sitting there before them, just as Congress had ordered. But after enduring more than an hour of withering criticism from members of the Senate Commerce Committee, Kenneth Lay, Enron's disgraced former chairman, left as he had entered – without revealing a thing.

In a statement lasting barely a minute, a crisp and composed Mr Lay spoke of his "profound sadness" at the disaster that had overtaken the bankrupt energy giant. But despite wanting to testify, he had bowed to his lawyer's advice to assert his constitutional right not to do so.

Indirectly, however, he asserted his innocence. One of the Fifth Amendment's functions was to protect innocent men, he said, pleading with committee members not to draw "negative inferences" from his decision.

A week ago, Mr Lay abruptly pulled out of scheduled testimony to the committee, complaining about the "prosecutorial" climate in which he would be appearing. Yesterday, with a subpoena hanging over his head, he had no choice but to attend. His forebodings were more than justified.

"The most accomplished conman since Carl Ponzi," the Illinois Republican Peter Fitzgerald called him. "I'd say you were a carnival barker, except that wouldn't be fair to carnival barkers – a 'carny' will at least tell you up front he's running a shell game."

According to the committee's chairman, Fritz Hollings of South Carolina, there was "no better example than Kenny Boy of cash-and-carry government." "Kenny Boy" was the nickname used by President George Bush, a major beneficiary of Enron political donations, for his old Houston friend in happier times.

With his silence, Mr Lay joined four other present and former Enron executives who have "taken the Fifth".

Meanwhile, the House geared up for its most important vote on campaign finance reform in decades, with proponents of change saying that outrage over Enron had given them a real chance of victory.

But the outcome is far from certain. Mr Bush has not uttered a word on the subject, but his lieutenants are working overtime to persuade wavering Republicans to help scupper the Bill.

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