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Congressman Issues Subpoenas to Cigarette Firms

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TIMES LEGAL AFFAIRS WRITER

The tobacco industry’s leading supporter on Capitol Hill issued subpoenas to the nation’s four largest cigarette companies on Thursday, after the firms failed to meet a deadline for voluntarily turning over 834 internal documents.

Rep. Thomas Bliley (D-Va.), sometimes called the “congressman from Philip Morris,” gave the industry until noon today to comply with the subpoena. “Congress must have these documents to do its job,” said Bliley, chairman of the House Commerce Committee, which is expected to play a major role in the 1998 debate over comprehensive legislation to regulate the tobacco industry.

Bliley demanded that the industry turn over the documents after the special master in a lawsuit against the industry, filed by the state of Minnesota, said the papers showed evidence of crime or fraud. The documents remain under seal while the industry appeals the decision. The industry contends that the documents should remain confidential because of the attorney-client privilege.

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“If the tobacco industry engaged in criminal or fraudulent activities, then Congress needs to know about these activities before we consider granting the industry unprecedented immunity from future lawsuits,” Bliley said.

He referred to the fact that the industry would gain protection from class-action lawsuits and punitive damages as part of a $368.5-billion national settlement that the industry reached with 39 state attorneys general earlier this year. When Congress returns in January, it will take up several bills embodying all or part of the settlement.

Bliley said he had consulted with Rep. John Dingell (D-Mich.), ranking Democrat on the House Commerce panel, before making the move. Dingell declined comment. So did tobacco industry spokesman Steve Duchesne in Washington.

Some industry watchers said Bliley’s move would turn out to be part of an elaborate minuet with the cigarette companies.

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