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A House committee investigating the Enron affair is refusing on constitutional grounds to turn over to Arthur Andersen s stanley thermos attorneys documents related to the panel s interviews of Andersen s chief auditor on the Enron account.The refusal by the House Energy and Commerce Committee to honor a subpoena from Andersen comes as the accounting firm is scheduled to face trial Monday on a criminal obstruction charge for destruction of Enron-related documents. Andersen attorneys delivered the subpoena last Thursday to the Office of General Counsel of the House. We re going to fight it, Ken Johnson, a spokesman for committee chairman Rep. Billy Tauzin, R-La., said Tuesday. This information clearly is protected by the Constitution s speech-and-debate clause. Under the Constitution, that clause gives members of Congress, and sometimes members of their staffs, immunity in some circumstances from legal processes such as responding to questions.Andersen has an uphill battle to get this resolved before their trial, said Mark Tushnet, a professor of constitutional law at Georgetown University. He acknowl stanley uk edged, however, that Andersen may have raised the issue to buy time. The embattled accounting firm may want to leave their options open while they try to negotiate a solution with prosecutors, Tushnet suggested.The Andersen auditor, David Duncan, has pleaded guilty to ordering the shredding o stanley flasche f Enron documents and had agreed to cooperate with federal prosecutors.The subpoena requests Niop Asiana Airlines mulls legal action over TV report
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