Ex-Clinton Aide to Take Fifth in Email InvestigationBryan Pagliano’s attorney tells congressional probes he’ll decline to answer questions
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Democratic presidential candidate Hillary Clinton spoke during a news conference in Ankeny, Iowa, on Aug. 26. Photo: Scott Morgan/Reuters
By
Byron Tau
Byron Tau
The Wall Street Journal
CANCEL
Biography Byron Tau @ByronTau byron.tau@wsj.com
Sept. 3, 2015 10:03 a.m. ET
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WASHINGTON—An aide to former Secretary of State Hillary Clinton will assert his Fifth Amendment right and will decline to answers questions in a congressional investigation into the former secretary’s use of a personal email server while in government.
Bryan Pagliano, a former campaign staffer to Mrs. Clinton, who helped set up her personal server, won't testify in the multiple congressional inquiries into Mrs. Clinton’s email arrangement, his lawyer said in a letter this week to the House committee investigating the 2012 attacks in Benghazi, Libya.
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Mrs. Clinton’s use of a private email server has become an controversy for her campaign for president. Critics say the use of a server may have shielded her emails from public records requests and potentially jeopardized sensitive national security information.
The FBI is investigating the presence of classified information on the server, though Justice Department officials say Mrs. Clinton isn't the target of that probe. State Department officials and the Clinton campaign have said that any classified material found on the server was classified after it was sent.
On Capitol Hill, the Benghazi committee is probing Mrs. Clinton’s email arrangement. Several Senate committee are also investigating.
Subpoenaed by the Begnazhi committee last month, Mr. Pagliano, through his attorney, said he would assert his constitutional right to not answer questions that might incriminate him and would refuse to turn over documents requested by the panel. His attorney cited the FBI investigation as a reason that his client wouldn't cooperate with the congressional investigation.
“While we understand that Mr. Pagliano’s response to this subpoena may be controversial in the current political environment, we hope that members of the Select Committee will respect our client’s right to invite the protections of the constitution,” attorney Mark MacDougall wrote.
Mr. MacDougall declined to comment on behalf of his client beyond the letter to the committee. News that Mr. Pagliano would invoke the Fifth Amendment was first reported by the Washington Post.
A spokeswoman for Senate Judiciary Committee confirmed Mr. Pagliano made the same vow to plead his Fifth Amendment rights in their investigation.
“Mr. Pagliano’s legal counsel told the committee on Tuesday that he would plead the Fifth to any and all questions if he were compelled to testify,” said Beth Levine, a spokeswoman for the Republican-led panel.
A spokesman for Mrs. Clinton’s presidential campaign didn't respond to a request for comment. Rep. Elijah E. Cummings, the top Democrat on the Benghazi panel, said Mr. Pagliano’s decision was “understandable.”
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Cheryl Mills, on the right, Hillary Clinton's chief of staff at the State Department, arrived for a closed-door deposition before the House Select Committee on Benghazi Thursday in Washington. Photo: Alex Wong/Getty Images
“Although multiple legal experts agree there is no evidence of criminal activity, it is certainly understandable that this witness’ attorneys advised him to assert his Fifth Amendment rights, especially given the onslaught of wild and unsubstantiated accusations by Republican presidential candidates, Members of Congress, and others based on false leaks about the investigation,” Rep. Cummings said in a statement.
On Capitol Hill on Thursday, one of Mrs. Clinton top aides Cheryl Mills is scheduled to testify on Thursday in a closed session in front of the Benghazi committee. Another top aide, Jake Sullivan, will similarly testify Friday |
