What's the frequency, Kenneth?
nytimes.com
February 5, 2002
Lay's Lawyers Refuse to Accept Subpoena
BY PETER SPIEGEL, FT.COM
Lawyers for Kenneth Lay, Enron (news/quote)'s former chief executive, have refused to accept a subpoena from a congressional committee compelling his appearance at public hearings. Mr Lay's lawyers said they did not know his whereabouts and could not accept any subpoenas on his behalf.
Peggy Peterson, a spokesperson for the House financial services committee, said the committee contacted Mr Lay's lawyer late on Monday. "He tells us he does not know of Lay's whereabouts, which we find quite puzzling to say the least," she said.
Two other congressional committees were also poised on Tuesday to issue subpoenas to Mr Lay. While the subpoenas, which must be successfully served on Mr Lay, could force him to appear before Congress, they cannot require him to testify.
The Senate commerce committee, which was scheduled to hear from Mr Lay on Monday, made the unusual move to call for a special committee session to vote on whether to issue a subpoena for Mr Lay on Tuesday. Committee aides said they believed the move was unprecedented.
Similarly, the House financial services committee, which was to question Mr Lay on Tuesday, was also expected to issue a subpoena. Committee lawyers were attempting to contact Mr Lay's lawyers on Monday, but they were not co-operating.
Late on Sunday, just hours before Mr Lay was to appear before his first congressional panel, his lawyers notified the two committees with hearings this week that he would not appear, saying "judgments have been reached and the tenor of the hearings will be prosecutorial".
Congressional aides reacted angrily to the 11th-hour announcement, saying it had been clear for weeks Mr Lay would face tough questioning. In a letter to Earl Silbert, Mr Lay's Washington lawyer, the chief counsel for the House financial services committee expressed surprise at Mr Lay's decision. "Mr Lay's last-minute declaration not to appear is a most serious matter," wrote Terry Haines. "I have called and e-mailed you, but have not heard from you. I await your call as soon as possible."
Even if Mr Lay is forced to appear by subpoena, it appears unlikely he will actually testify. Committee aides said they expected him to invoke his right not to incriminate himself under the Fifth Amendment and remain silent.
Senator Byron Dorgan, who was to chair the first Lay hearing on Monday, said he believed an internal Enron report issued at the weekend, which harshly criticised Mr Lay's running of the company, led to his decision not to appear. He disputed Mr Silbert's contention that comments made by congressmen at the weekend were the reason for the change of heart.
"I think Ken Lay was looking for a door," Mr Dorgan said on the NBC News programme Today. "I think the release of the Powers report on Saturday evening is a devastating indictment of very serious problems inside that corporation."
The House energy and commerce committee, which has been in discussions with Mr Lay's lawyers, but had yet to schedule a hearing with him as a witness, also indicated it would issue a subpoena for Mr Lay.
The panel will conduct a hearing on Thursday with Andrew Fastow, Enron's former chief financial officer, and Jeffrey Skilling, a former Enron chief executive. Mr Fastow is expected to invoke the Fifth Amendment; Mr Skilling's lawyers have said he will testify.
Or to summarize, in the R.E.M. version (note that the lyrics read as transparently as an Enron 10-Q!):
1. What's The Frequency, Kenneth?
"What's the frequency, Kenneth?" is your Benzedrine, uh-huh
I was brain-dead, locked out, numb, not up to speed
I thought I'd pegged you an idiot's dream
Tunnel vision from the outsider's screen
I never understood the frequency, uh-huh
You wore our expectations like an armored suit, uh-huh
I'd studied your cartoons, radio, music, tv, movies, magazines
Richard said, "Withdrawal in disgust is not the same as apathy"
A smile like the cartoon, tooth for a tooth
You said that irony was the shackles of youth
You wore a shirt of violent green, uh-huh
I never understood the frequency, uh-huh
"What's the frequency, Kenneth?" is your Benzedrine, uh-huh
Butterfly decal, rearview mirror, dogging the scene
You smile like the cartoon, tooth for a tooth
You said that irony was the shackles of youth
You wore a shirt of violent green, uh-huh
I never understood the frequency, uh-huh
You wore our expectations like an armored suit, uh-huh
I couldn't understand
You said that irony was the shackles of youth, uh-huh
I couldn't understand
You wore a shirt of violent green, uh-huh
I couldn't understand
I never understood, don't fuck with me, uh-huh
I REALLY think Dan Rather should be covering this story!<VBG> |
