Former Housing and Urban Development Secretary Samuel Pierce took the Fifth Amendment against self incrimination before a House subcommittee for the second time Friday but denied doing anything wrong during his eight-year tenure at HUD.
"I believe that I committed no illegal or wrongful acts," Pierce told the House Government Operations subcommittee that has been investigating the HUD scandals since May.But he said he would continue to invoke his constitutional right not to testify at his next scheduled appearance under subpoena on Nov. 3 and "until such time as I believe the accusatory atmosphere that currently exists has changed."
"An atmosphere has been created in which I have become a target," he said in a brief opening statement before invoking his Fifth Amendment rights and declining to answer questions for the second time. He first took the Fifth Amendment in an appearance before the panel on Sept. 26, even though he testified voluntarily on May 25.
"I will respectfully refuse to answer questions put to me based upon the constitutional right guaranteed to me and every other American," Pierce said. He said he looked forward to the time "when I can tell my story."
Pierce also refused an offer from subcommittee Chairman Tom Lantos, D-Calif., to cancel Friday's hearing and the Nov. 3 session and vacate the subpoena if Pierce would agree to testify voluntarily before the panel before Congress' Thanksgiving recess.
Lantos also revealed that Pierce had requested that HUD pay all of Pierce's legal
costs in preparation for appearances before Congress in connection with the subcommittee's probe but that HUD rejected the request.
As was the case on Sept. 26, Pierce again invoked a House rule allowing witnesses appearing under subpoena, such as himself, to bar coverage of his appearance by television cameras, radio microphones and still photographers.
Lantos is attempting to change that rule.
"The committee has tried, convicted and sentenced our client," Paul Perito, one of Pierce's attorneys, said after the hearing. "All they lack is credible evidence."
He said Pierce is taking the Fifth Amendment because he feels the threat of perjury is "real, not imagined." He said he and Pierce "are ready to sit down and negotiate reasonable terms" for Pierce's future testimony but complained the subcommittee has not cooperated and has withheld documents.
The subcommittee has held numerous hearings since May into abuses, mismanagement, fraud, waste, alleged theft and influence peddling at the department under Pierce's tenure.
During his brief appearance, Pierce was asked several questions by subcommittee members and other lawmakers invited to sit in on the session, but he invoked his Fifth Amendment right and refused to answer each question.
After being asked about contradictions between his May 25 testimony that he never ordered any HUD projects funded and testimony from others that he did, Pierce said, "I would like nothing better than to answer that question."
"Be my guest," Lantos said.
"As you just ruled under the law, I cannot pick and choose the questions (to answer)," Pierce said. "I consider that question an unfair attempt to create a negative impression and believe it is inconsistent with the spirit of the Fifth Amendment."