Panel Votes to Subpoena Pierce but He May Take Fifth

A House subcommittee voted Wednesday to subpoena former Housing Secretary Samuel R. Pierce Jr. to testify next Tuesday amid speculation that he may invoke the Fifth Amendment to avoid talking about his eight-year tenure at the Department of Housing and Urban Development.

Pierce, who failed to show up as scheduled last Friday for questioning by congressional investigators, was also summoned for testimony on Oct. 27 and Nov. 3.

Rep. Tom Lantos (D-San Mateo), chairman of the House Government Operations subcommittee that is investigating allegations of political favoritism and other abuses when Pierce presided over the department, said that the panel had no option in view of Pierce’s broken promise to appear last week.

‘Rush to Judgment’ Charged

But Paul Perito, Pierce’s attorney, said that the subcommittee appeared to be making a “rush to judgment” by refusing to give his client more time to prepare.

When asked whether this meant that Pierce would invoke the constitutional privilege against self-incrimination, Perito replied: “The committee is forcing me to review every available action--I am not precluding any viable or professional option.”

However, Perito informed the panel by letter that he would accept service of the subpoenas on Pierce’s behalf, indicating that his client would show up next week.

The panel voted 8 to 0 to issue the subpoenas, and members voiced disappointment that Pierce would not testify voluntarily, as he did on May 25. Since his testimony, other former officials of his department have given conflicting accounts of how several grants were awarded and disputed Pierce’s contention that he was not a “hands-on” manager.

“He is toying with the subcommittee . . . to evade his responsibility,” said Rep. Ted Weiss (D-N.Y.).

Rep. Christopher Shays (R-Conn.) noted that Pierce had avoided questioning by the HUD inspector general until his last day in office and said that he must not be allowed to stall the subcommittee in the same way.

“I earnestly hope he will not take the Fifth Amendment--but that’s his decision,” Lantos told reporters.

Meantime, Lantos made public a letter from the Justice Department describing its massive effort to examine HUD scandals in the wake of the House inquiry.

700 Probes Under Way

About 700 criminal investigations have been started by 83 of the 93 U.S. attorneys, and 1,000 individual criminal cases may result, the letter said.

“The pending matters are comprised primarily of investigations of fraud against HUD in connection with mortgage insurance and rental subsidies’ programs,” Carol T. Crawford, assistant attorney general for the office of legislative affairs, wrote.

“A large number involve investigations of corruption committed by local HUD employees who administered HUD funds or by local officials who were in receipt of HUD grants,” Crawford added.