Friday, September 11, 2015
No Talk Without Immunity, Says Former Clinton Staffer
In a Wednesday letter obtained by POLITICO, Bryan Pagliano’s lawyer Mark MacDougall told Senate Judiciary Chairman Chuck Grassley (R-Iowa) and Senate Homeland Security Chairman Ron Johnson (R-Wis.) that he would give no such preliminary overview, known in legal terms as a proffer. Both chairmen hoped to get a better sense of what Pagliano knew about Clinton’s homebrewed server — which he set up in 2009 before she headed to the State Department.
MacDougall tells Politico that there are concerns that if he gave a proffer to lawmakers it would be deemed as his client waiving his rights:
“Members of congressional committees and their lawyers have lately taken an expansive view of what constitutes a waiver by an individual citizen of his or her right under the Fifth Amendment,” he wrote. “Any ‘proffer session’ or other disclosure by Mr. Pagliano — or his lawyers acting on his behalf — of the contents of his possible testimony creates the very practical risk that our client will later be said to have waived his constitutional protections.”
It is expected that Pagliano will invoke his fifth amendment rights when he appears before the House Select Committee on Benghazi.
Blog Author's Comments -- "Former Hillary Clinton IT staffer Brian Pagliano, who set up and ran Clinton's email server - central to concerns over security and the deletion of emails - says he won't give congressional committees even a hint of what he knows without immunity."
Give him the immunity he requests and see what he has to say. Once he has immunity, however, he will also need personal protection for an unlimited number of years. The Clintons don't like to be taken down. If he comes forth with the truth about her emails and server it could be the end of Hillary's political career and she should be facing a criminal investigation.