In a letter addressed to the committee chair, Duncan's lawyer, Robert Giuffra, stated his client did not have enough time to prepare for the hearing and that he had advised Duncan to invoke his 5th Amendment constitutional right not to testify. Giuffra wrote Duncan will "testify Jan. 24 if the committee grants him immunity" from prosecution.

The subpoena to testify in today's hearing was delivered to Duncan early Wednesday. Andersen's lawyer Nancy Temple and risk manager Michael Odom also received subpoenas to testify.

The high-profile Congressional hearing is the first public airing of Andersen's document destruction and is just one of several probes into the collapse of Enron. Other investigations into the Enron scandal will be conducted by the U.S. Justice Department, SEC and Government Affairs Committee, to name a few.

Enron CEO Kenneth Lay Resigns
As media speculated whether or not Duncan will be forced to appear at the hearing and invoke his 5th Amendment right, Wednesday evening brought news that Enron CEO and chairman Kenneth Lay resigned his position. He will remain on the company's Board of Directors. Enron, in cooperation with the Creditors' Committee in Enron's bankruptcy, is in the process of selecting a restructuring specialist to join the company who will assist in Enron's efforts to emerge from bankruptcy and, on an interim basis, serve as acting chief executive officer.

"I want to see Enron survive, and for that to happen we need someone at the helm who can focus 100 percent of his efforts on reorganizing the company and preserving value for our creditors and hard-working employees," said Lay in a statement released by Enron. "Unfortunately, with the multiple inquiries and investigations that currently require much of my time, it is becoming increasingly difficult to concentrate fully on what is most important to Enron's stakeholders."