did he take the fifth? Or just refuse to answer the questions.
What he did was take the 5th in the gentlemanly way, and the committee let him do it. They could have forced him to say the words "on the advice of my attorney, I refuse to answer all questions on this subject" but then they would have been even bigger asses than they were. Normally, in congressional hearings, all the subject has to do is send in a letter from his attorney saying that he will plead the 5th, and the committee won't require an appearance. These guys made McGwire show up on national TV so they could embarass him.