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House subpoenas DeLia, Hunsaker, Gentilucci

Mark Hurd, Patricia Dunn and Ann Baskins have already said they would appear Thursday at a congressional hearing into HP's spying practices. But Ron DeLia, the security outsourcing specialist who did the pretexting, has said he would not. And Hurd's lawyers' investigations have made it clear that Kevin Hunsaker, senior counsel for ethics, and Anthony Gentilucci, manger of global security, were intimately involved in probably illegal activities.

Yesterday, the House Committee on Energy and Commerce said it wants to see DeLia, Hunsaker and Gentilucci in Washington on Thursday and it issued subpoenas to back up that desire.

Gentilucci said through his lawyer that he would take the Fifth on Thursday, while Hunsaker hasn't yet said what he will do. DeLia will refuse to answer questions. Gentilucci has already lost his HP job and Hunsaker is on the way out, although he is still employed by HP today.

Calif. Attorney General Bill Lockyer is concerned that subpoenas could mean Congress offers immunity to get testimony, the Times reports.

“In light of today’s developments, the attorney general will again be contacting the committee to express his concern,” Mr. Dresslar said. “We’re not trying to issue a red alert here, but this is an important case and it’s only prudent for this office to take all appropriate steps to protect the integrity of our investigation.”

He said the attorney general had been told by Congressional officials that they had not granted immunity to any of those subpoenaed and that it was rare to do so. Congress does not have the power to grant immunity from state prosecution, only from federal prosecution, Mr. Dresslar noted.

It's not just the congressmen that will be looking to Hurd for a full and complete reckoning of the affair on Thursday. HP's stock recovered somewhat yesterday from its beating last week but major pension funds are making demands for more control of HP's board, MarketWatch reports.

e New York State Common Retirement Fund, the Connecticut Retirement Plans and Trust Funds, the North Carolina Retirement Systems and the American Federation of State, County and Municipal Employees Pension Funds together filed a proposal that seeks access to H-P's proxy in order to allow shareholders groups more say in who gets on the H-P board.

The proposal asks H-P to changes it bylaws to allow groups that hold 3% or more of the company's stock for at least one year to be able to post nominations for H-P board members. The four funds own a combined 30 million H-P shares worth about $676 million.