The former information technology adviser to Hillary Clinton is reportedly intending to invoke his Fifth Amendment right against self-incrimination at a deposition next week in answering questions about Clinton’s decision to use an unsecure personal server exclusively in her communications as Secretary of State. Bryan Pagliano made the disclosure in a court filing where he also sought to prevent the videotaping of his invocation of the privilege against self-incrimination.
Pagliano’s lawyers Mark MacDougall and Connor Mullin wrote that “Mr. Pagliano will invoke his right under the Fifth Amendment and decline to testify at the deposition . . . Given the constitutional implications, the absence of any proper purpose for video recording the deposition, and the considerable risk of abuse, the Court should preclude Judicial Watch, Inc. … from creating an audiovisual recording of Mr. Pagliano’s deposition.”
Putting aside the question of videotaping, the invocation raises a concern that (with the reported immunity deal with the Justice Department) Pagliano could effectively bury the truth about what occurred in the controversy. If no criminal charges are brought by the Justice Department, Pagliano can remain silent and effectively walk with his knowledge. It would seem reasonable for Judicial Watch to ask for the scope of any immunity deal that would already protect him from such disclosure.
The silence of Pagliano and the reported lapse of memory of other top aides is likely good news for the Clinton team in pre-November damage control. If top aides will claim faulty memories or invoke their right to remain silent, the only disclosures before the election would have to come from the FBI or Congress. Yet, the FBI would turn over any proposed indictments to the Justice Department and, if the Justice Department scuttles any indictment, there would not normally be a public report.
You’re free to claim the 5th, you’re also free to remain as a ‘Guest’ of the court behind bars until such time as you freely choose to answer the courts questions . . .
They may have shut Pagliano up with immunity.
I am sort of new to politics. Who is named: “Biden/Warren”? I never heard of him.
steve, Good analysis. I agree. This videotape, of course, will be used in political ads. Any civil hearing should be presumed open records unless there is a compelling reason to keep them sealed. Protecting Crooked Hillary’s political career from her Machiavellian tactics being exposed is NOT a legit reason. Indeed, it is a compelling reason for the video camera to roll! And, I would say that for a candidate I supported, if ever one appears in my limited lifetime.
This may all be another Justice Dept. / Clinton / Pagliano conspiracy LIE !
More Hillary closet junk:
Who authorized the use of Clinton’s email server?
Pagliano told the FBI who had access to the former secretary of state’s system – as well as when – and what devices were used, amounting to a roadmap for investigators. “Bryan Pagliano is a devastating witness and, as the webmaster, knows exactly who had access to [Clinton’s] computer and devices at specific times. His importance to this case cannot be over-emphasized,” the intelligence source said.
The source, who is not authorized to speak on the record due to the sensitivity of the ongoing investigation, said Pagliano has provided information allowing investigators to knit together the emails with other evidence, including images of Clinton on the road as secretary of state. The cross-referencing of evidence could help investigators pinpoint potential gaps in the email record.
Every legal defense of Clinton rests upon the notion that convenience, and not intent, was the reason to own a private server for both work and personal emails.
Tin writes, “He plans to take the 5th and his lawyers don’t want it videotaped.”
I’ve never researched this topic, other than vis-a-vis what happens in civil trial testimony if a party pleads the Fifth at deposition under California law (which is that testimony related to the subject matter for which the party asserts the Fifth at deposition is barred thereafter at hearing or trial).
It seems to me that a person who asserts a privilege under the Fifth Amendment has a demeanor in doing so that’s relevant to his credibility, so the request to prohibit AV recording of his plea should be denied.
Paul, I agree w/ your analysis on Sander’s voters.
Biden/Warren ticket coming and a righteous revolt by Sander’s voters. The Republicans tried to continue their side of the duopoly oligarchy. But, a tangerine colored dynamo scuttled that. The DNC and their curly haired idiot w/ a hyphenated name are in full damage control. Look for TRUMP to be emblazoned on the White House in Jan.
Nick – there are some pundits who are opining that if Sanders wins CA, he will take the convention. Hillary’s negatives have been continually dropping and she has lost millions of votes over her last run. The young’uns like Bernie, but hate Hillary. Not sure they would switch over given a Hillary victory. They might just not vote.
phillyT cannot face the mendacity of his candidate, and wants all of us to look away from her illegal behavior, preferably toward Trump or some other kerfuffle.
Professor,
I think you should dispense will all these stories about judges in Louisiana and people pooping on checkout scanners and go to Hillary Clinton stories exclusively. All Hillary, All the time! You know you want to!
More Hillary closet junk: Stay focused on the FBI immunity
As the Clintons’ top IT specialist, Pagliano can inform the FBI why the couple insisted on configuring their private server to connect openly with the Internet, which made it vulnerable to hacking by foreign governments. Pagliano might also connect the dots explaining why the Clintons insisted on using the same server for Hillary’s official government business and Bill’s transactions at the Clinton Foundation.
The Clintons used three main email addresses: clintonemail.gov, wjoffice.com and presidentclinton.com. Hillary refused to use a state.gov email account even though it was a requirement for all State Department employees.
Pagliano presumably knows who approved the former secretary of state’s rejection of the state.gov email, and who approved her use of a private server for official government business.
Pagliano is an odd IT witness to address the issue of classified material, as his first seven years in the IT field had nothing to do with classified information or national security secrets.
Retired Col. James M. Waurishuk, who had a 30-year career as an intelligence and military officer, told TheDCNF that Pagliano’s GS-15 was the equivalent of at least a one-star general.
“I have to wonder, here comes in a person with no experience whatsoever, working in the classified national security IT community,” said the colonel, who has been deployed to more than 50 countries in military intelligence. “I could just see what the reaction would have when this guy walks in as a GS-15.”
Tin: I am not a lawyer either, and I too find it confusing. I understand it’s a separate matter, but don’t understand how he can still invoke the Fifth despite the fact he cannot self-incriminate.
I think the word “scuttle” is a word which we need to employ more on the blog regarding this topic.
If we could rename Hillary it would be good for our own candidate’s hopes in the election. I suggest that we name Hillary: Scuttle Butt Clinton. But! I may be wrong. No two t letters about it. Or we could combine the two words so it is not first name then middle name. Scuttlebutt Clinton. OR:
Hillary Scuttlebutt Clinton.
What do you all think?
2016 Election Cover-up
Clinton, Trump & Sanders are Zionists
Israel, Zionist Jews & American Traitors did 9/11
Denouncing Israel’s War Crimes is not anti-Semitism
HenryMakow.com: When you find that every one of the key people involved in the 9-11 cover-up and deception are Jewish Zionists, then it is rationally compelling to conclude that the crime they are covering up is, in fact, a Jewish Zionist crime.
http://buenavistamall.com/Israeldid9112.jpg
I am not a lawyer but I didn’t think you could take the fifth in a civil trial or deposition where the government wasn’t a party
@DMD
They are completely different matters. The FBI gave him immunity from possible criminal prosecution. The deposition mentioned n this post involves a civil lawsuit, “Judicial Watch v. U.S. Department of State.” It is a civil suit brought under the Freedom of Information Act to get more documents out of the State Dept.. Pagliano is not a party to the suit, but they want to depose him as a non-party deponent and his lawyers sought a protective order. He plans to take the 5th and his lawyers don’t want it videotaped.
If he can plead the Fifth, and thus not testify, then what was the point of even giving him any immunity–either use or transactional?? DMD
I would think his immunity deal would cover this deposition. I don’t see Judicial Watch being satisfied with his stand. Plus, if he refuses to testify, it makes it more likely that Clinton will have to testify.
All Clinton email all the time.