Former Clinton IT Advisor To Take The Fifth In Deposition On Email Scandal

Hillary_Clinton_Testimony_to_House_Select_Committee_on_BenghaziThe 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.

83 thoughts on “Former Clinton IT Advisor To Take The Fifth In Deposition On Email Scandal”

  1. phillyT – I have taught every grade level from kindergarten to college. I was awarded the Phoenix Suns/America West Airlines Teacher of the Year one year. My specialty was working with at-risk students. I taught 3 courses every 9 weeks, 12 new courses every year. In a regular high school you teach the same course all day.

  2. Paul,
    If you were ever an actual teacher, which I doubt, you would know that a generic critique of a source without citing what specific problems or errors you have found is not good thinking. If you have an actual problem with the article, state your facts. Otherwise you’re just blathering.

    1. phillyT – no teacher I know, high school, college or university allows Wikipedia as a reference. As a matter of fact, I was at a lecture on Mayan and Incan mythology and the lecturer, a professor at Arizona State University, had a mild heart attack when someone mentioned using Wikipedia. She went on for about 15 minutes about how bad it was.

  3. Paul Schultzie

    I wrote down on a little index card that you would come back with a criticism of my source rather than addressing the facts of the issue. How did I know? Because it’s what you always do!
    100% predictable

    This is why I don’t bother finding sources for you.

    1. philat – as a former teacher and researcher I know that you have at best a 50/50 chance of being right with a Wikipedia article. Use the Encyclopedia Britannica.

  4. There is one question which is not addressed by any person that I have read, and that is if what Hillary was doing was such an outrageous and egregious breach of law and security, WHERE WERE THE STATE DEPT SECURITY FOLKS FOR ALL THOSE YEARS? It was obvious that she was not using the channels by simply looking at the headers, so it was NOT a secret. Well I am sure that Prof Turley and the hate Clinton crowd in the Congress can spend another $63 million to “investigate” this, and they are in LUCK since Ken Starr is out of a job now and could use some more largess from the US government. For those who watch only Faux News, Starr resigned from Baylor after it was found out that Baylor refused to act on reported rapes of women students by the Baylor athletes. So much for the morality cop. I guess he is of the old Texas school under which a woman who was raped by a star football player should consider it a privilege that such a man would be interested in her sexually. If she got pregnant, then it was GOD’S WILL, that she was pregnant and raped, thus NO ABORTION ALLOWED. I love the hypocrisy of the Southern Baptists. The only religion that was specifically established to support slavery and segregation.

    1. randyjet – Ken Starr set up the investigation that found the Baylor rapists. Then, since it happened under his watch, he resigned and went back to teaching. That is a very honorable thing to do.

    1. Patriot: Thanks for the link to the Sullivan order for Pagliano to provide a copy of his immunity agreement. It’d be a hoot if Pagliano was given plenary immunity from federal prosecution, if that actually happens in the real world. If he did, I’d guess he’d end up spending some time in a holding tank if he refuses to testify at deposition.

  5. Paul C. Schulte……My guess would be that Hillary will not be indicted by the Obama/ Lynch DOJ.
    I don’t think it matters what the FBI investigation finds, or their recommendations.
    As far as I know, there is no way to appoint a special prosecutor or issue an indictment by “going around” DOJ.
    DOJ seems to be holding all of the cards…….an indictment of Hillary nay be as likely as the Holder DOJ proceeding on the voter intimitation case, or the Fast and Furious investigation.
    Stonewalling can and does work.

  6. LOL! Stage 4 Bush Derangement Syndrome. Only palliative care is indicated.

  7. Paul Schulte
    As usual, you have your facts wrong. Ten seconds of Internet searching could have refreshed your memory about the Bush White House emails, but instead you chose to make something up and present it as my error.

    No problem though, I expect as much from you and your pals. If you don’t like the facts you all just make something up, call people names and type a few occasional “LOLs” to pass yourselves off as trolls. Pitiful really.

    If you would like to read up on the ACTUAL email controversy surrounding you can read about it here:

    The use of the RNC email accounts was an attempt on the part of White House and Bush administration personnel to hide their communications about the firing of US Attorneys. So unlike Secretary Clinton, who appears to have done something incredibly stupid for her own convenience, this was an attempt on the part of the Bush White House to deceive the American people and bypass the Presidential Records Act. Why none of them are in jail is still a mystery to me.

    But please, make up a few more random things and see if you can get me scrambling off in some other direction.

    1. phillyT – NEVEREVER use Wikipedia as a source on anything political. It has very little chance of being correct.

  8. Release THIS… Spells “Doom” For Her Campaign!
    As I understand there are 39 Clinton email lawsuits.

    New judge, new orders;
    A federal judge has ordered the Obama administration to release new emails connected to Hillary Clinton before Democratic National Convention in July.

    In an order late on Wednesday, Judge Ketanji Brown Jackson told the U.S. Agency for International Development (USAID) to hand over to the Republican National Committee (RNC) whatever records it could as part of an RNC’s open-records lawsuit on July 11.

  9. JT says Clinton is Nixon. But it was Trump who just said he’d have the Justice Department go after Clinton when he is elected. Funny that.

  10. For Lisa N: “Can Loretta Lynch legally violate a Federal Judge’s ruling? ”
    Many rulings get reversed, un-reversed, and re-reversed before being finally settled permanently by the Supreme Court. And different judges in different jurisdictions often rule differently. Until the appeals process works its way to the Supremes, what should Loretta Lynch do?

    1. Curt – I think he is assuming the DoJ is not going to indict Clinton.

  11. Steve, Putin is KGB. Having that ace in a hole, he is probably praying she is elected and he can hold that over Lady Macbeth as Prez.

  12. LOL! Gee, I wonder why the FBI brought the infamous Guccifer hacker here from Europe. He’s the guy who hacked Hillary and said it was easy. Russia has every email she sent and so does China. They have more of Lady Macbeth’s emails than the State Dept. Hillary is dumber than a bag o’ hammers and more arrogant than Trump.

    1. Nick: I hope that Putin, if he does have the goods, decides soon to deliver them. As arrogant and as roughshod as she rides, Hillary doesn’t deserve the White House.

      1. Steve – I think Putin has copies of the ‘personal’ emails that Hillary deleted. And by ‘personal’ I mean ‘intimate.’ If she is elected, he will hold those over her head.

  13. Anytime a person is deposed, his sworn testimony can be used for another purpose. For example, if a person is deposed in a civil divorce proceeding, and admits to hiding assets from his or her spouse, that transcript could be turned over to the IRS to prosecute him or her for criminal tax fraud. There are all kinds of scenarios where a person could make an admission in a civil proceeding such as an insurance claim or bankruptcy proceeding where an admission of wrongdoing could be used against him criminally in a state or federal prosecution. In this particular case, although the FBI gave Pagliano immunity from prosecution as to anything he admits to the FBI, he is wisely taking the 5th so that some other state or federal prosecutor can’t use his statements to prosecute him in a different proceeding.

  14. I think that Hillary’s high dollar speaking fees, and who paid them, are a good topic to use to bring her down to Earth. Why would anyone pay her to speak? Is it not just a way to cover up a bribe? It would be good to have a list of all those who have paid her to speak. Then if she gets elected and starts doing things for these bribers we can impeach her.
    Can there be an alternative to Donald for the Party to choose in this late stage of the game? There are some who say that we ought to choose Romney. I do not see how the Convention could be worked to achieve that. We need to advise Donald to NOT re open the Trump University. That topic needs to recede.

  15. BFM- you’re right. Creating a ruling government class above the law is a grave mistake if we want to keep our republic. Politics doesn’t matter. The law is the law.

    The law applies equally, regardless of politics. Maybe they need to do a clean sweep. I have wondered why no IG was appointed during Hillary’s stay, who could have put a stop to this early. And it is impossible that the WH did not know she was communicating solely by personal email. Everyone who contacted her had it. So why wasn’t this stopped?

    1. Karen – Obama got 22 emails from her. He must have noticed the header (I always look). Why didn’t he do something about it?

  16. I forgot to mention that the reason why the Bush administration used the RNC email accounts was to remain in compliance with the Hatch Act, which prohibits government resources being used for political purposes. But they also needed to preserve all presidential communications as part of the Presidential Records Act. I think it is the National Archives that sorts out which records fall under the Presidential Records Act. Regardless of the fact that the 22 million emails were recovered, it’s a mountain to sort through and they obviously were not archived properly. Plus, the RNC itself originally deleted all emails after 30 days, and only put in place a policy of keeping all communications with WH staff in the mid 2000. I actually don’t know how they ever resolved that – how to remain compliant with both the Hatch Act and the Presidential Records Act properly. It probably accounts for a few inches of SOPs on communications. The rise of the Internet and email definitely affected the evolution of our communications regulations and security protocols.

    Hence all the sweeping reforms that took place, including at State.

  17. “Let’s try to stick with actual facts There is not one shred of credible evidence from a remotely believable source that her email ever got hacked. … and by the way, whatever happened to the 22,000,000 emails that went missing from the Bush White House. Anyone? Anyone?”

    My recollection is the WAPO published remarks that her system administrator stated in emails that he was shutting down her email server for a few minutes specifically because he though some one was trying to hack the email server. Apparently that happened not once but several times.

    Besides, is it remotely conceivable that state intelligence services did not notice that the SOS was using a private email server? Not in my book.

    Is it remotely conceivable that, if national intelligence services knew of the email server that they would not try to hack it? Not in my book.

    Is it remotely conceivable that national intelligence services would not have cracked her business class security in a few heart beats? Not in my book.

    Is it remotely conceivable that national intelligence services would have left forensic trace of their intrusion of her business class security? Maybe, but probably not. We know for a fact that major corporations have spent months trying to determine whether they were hacked, and if so what was compromised.

    As for the white house email … people like me don’t like it when document retention rules are broken at the white house and we don’t like it when the SOS does it either.

    The ‘everybody is doing it’ defense does not fly with me – and it should not be acceptable to anyone else either.

  18. PhillyT:

    I remember that. A video of Clinton has been going around with her declaring the Constitution was shredded because of secret email accounts.

    Here is what Dana Perino had to say about one aspect of the emails, the “secret accounts”:

    The White House had an email for official government business and a separate email for Republican National Committee Business.

    This CNN article describes how emails were not archived properly in 2007 and were recovered by the data recovery system, as it was designed.

    “But Scott Stanzel, a former deputy press secretary in the Bush White House, said the group “has consistently tried to create a spooky conspiracy out of standard IT issues.”
    “We always indicated that there is an e-mail archiving system and a disaster recovery system,” Stanzel said. “We also indicated that e-mails not properly archived could be found on disaster recovery tapes. There is a big, big difference between something not being properly archived and it being ‘lost’ or ‘missing,’ as CREW would say.””

    The watchdog group had a point that the records were not archived properly in the first place, and that they needed to fix their email system. (Recall Colin Powell was aghast at the state of the computer system at State and enacted many changes.)

    In fact, this scandal was one of the main drivers behind the tightened regulations regarding State email. Since Hillary Clinton is on video saying the Constitution was shredded, there is no way on this Earth she would have been unaware that using her personal email and personal unsecured server was against regulation and in violation of the law.

    The Bush scandal differed from HC in that:
    1. They did not use a personal email for all government business
    2. They had a data recovery system in place on which they relied for retrieving the emails. There was no attempt to get rid of them.
    3. HC did not cooperate with the IG or agree to interviews. The Bush administration cooperated, and the emails are in the hands of the National Archive.
    4. Bush did not put Top Secret intel on private email, back it up on the Cloud, have a personal server to which any number of people with zero security clearance had access, lie about it, and then wipe the server.

    This also illustrates the usefulness of watchdog groups and a mistrustful media. It’s what keeps them honest. It’s too bad that HC had an enabling media. If they’d kept her honest, perhaps she wouldn’t have been so bold.

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