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w4rma

(31,700 posts) Wed Jun 1, 2016, 06:13 PM Jun 2016

Clinton IT aide to plead the Fifth in email case [View all]

Source: The Hill

The man believed to have set up and maintained Hillary Clinton’s private email server will assert his Fifth Amendment rights against self-incrimination and refuse to answer questions as part of an open records lawsuit against the State Department.

Bryan Pagliano will decline to answer questions from Judicial Watch, the conservative legal watchdog group, during a deposition scheduled for Monday, his lawyers wrote in a court filing on Wednesday afternoon.

Developing...

Read more: http://thehill.com/policy/national-security/281925-clinton-it-aide-to-plead-fifth-in-email-case

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Clinton IT aide to plead the Fifth in email case [View all] w4rma Jun 2016 OP

How does someone with immunity plead the 5th? Press Virginia Jun 2016 #1

Pleading 5th in Civil case (judicial watch) emulatorloo Jun 2016 #3

Yes. But he already has criminal immunity Press Virginia Jun 2016 #7

I know nothing about Civil Case law so was just a wild guess emulatorloo Jun 2016 #10

That article had enough prevaricating Aerows Jun 2016 #101

he has nothing to gain by testifying, magical thyme Jun 2016 #30

He doesn't get to plead the 5th because he thinks it's a waste of time Press Virginia Jun 2016 #36

Maybe he fears the wrath of the Clinton Machine not the FBI ? Pharaoh Jun 2016 #46

That's more in line with my thinking. Or he's worried about his admissions Press Virginia Jun 2016 #54

Yes, he can. nt LaydeeBug Jun 2016 #47

It's a right against self incrimination Press Virginia Jun 2016 #52

tell it to his lawyers, who generally don't want any client to testify two or three times magical thyme Jun 2016 #49

There's no chance of a perjury charge for people telling the truth Press Virginia Jun 2016 #53

lawyers generally don't want clients to testify more than once magical thyme Jun 2016 #56

It would have to be a pretty material contradiction Press Virginia Jun 2016 #57

Oh yeah, right. And innocent people shouldn't bother with lawyers, either -- pnwmom Jun 2016 #78

He needs a lawyer because laws were broken Press Virginia Jun 2016 #79

No one knows what ground they'd try to cover -- we saw that in the Mills deposition pnwmom Jun 2016 #80

The judges order is specific and he's been ordered by the judge to be deposed Press Virginia Jun 2016 #81

He's claiming the 5th so his lawyer must think his immunity agreement pnwmom Jun 2016 #82

Unless the threat is substantive and real, meaning his immunity isn't within Press Virginia Jun 2016 #83

There is nothing to know till the judge rules. Till then, he did exactly the right thing pnwmom Jun 2016 #84

If he'd done the right thing from the start he wouldn't be needing an attorney Press Virginia Jun 2016 #85

He could have done something wrong that was all on him and not on Hillary. pnwmom Jun 2016 #86

Yeaaaah...the FBI granted him immunity because he acted alone Press Virginia Jun 2016 #87

Seriously. For example, pnwmom Jun 2016 #88

the FBI wasn't smart enough to ask him if he was paid, how much and for what? Press Virginia Jun 2016 #99

PERHAPS... cynzke Jun 2016 #94

Then the lawyer would have to establish a reasonable cause for the fear of Press Virginia Jun 2016 #98

Maybe the immunity does not cross over into civilian court. Rex Jun 2016 #113

he can't be charged with a crime in civil court Press Virginia Jun 2016 #115

Exactly, so the immunity doesn't cross over from criminal to civil court. Rex Jun 2016 #116

soooo you're saying he's claiming the 5th because he can't be charged with a crime? Press Virginia Jun 2016 #117

There has been questioning as to what type of immunity he was offered Babel_17 Jun 2016 #8

Yeah. But are we supposed to believe the FBI didn't already Press Virginia Jun 2016 #11

Having just read more about JudicialWatch, maybe he doesn't want to help with them emulatorloo Jun 2016 #13

Not wanting to help them and being vulnerable to criminal prosecution Press Virginia Jun 2016 #15

again, pleading the 5th is a *RIGHT*, not to your purvue LaydeeBug Jun 2016 #48

It's a right against self incrimination. If there is not risk of criminal charges Press Virginia Jun 2016 #55

He has a RIGHT to plead the fifth. nt LaydeeBug Jun 2016 #63

The court can actually compel his testimony when there is no Press Virginia Jun 2016 #66

and he can still plead the fifth. nt LaydeeBug Jun 2016 #95

But he must answer questions that establish whether his plea is reasonable. If it Press Virginia Jun 2016 #97

it is soooo crazy that you still think he can't. It is a *right* nt LaydeeBug Jun 2016 #100

im basing my claims on actual court rulings on Press Virginia Jun 2016 #102

The fact that the 5th amendment is a RIGHT, and not a privilege LaydeeBug Jun 2016 #104

Not in a civil lawsuit. The witness must establish Press Virginia Jun 2016 #106

The 5th isn't absolute. ZombieHorde Jun 2016 #114

Did you know this? tularetom Jun 2016 #21

Yeah, I wouldn't give JW the time of day, personally. 2banon Jun 2016 #26

Good point, but his lawyer won't let him open himself to any exposure Babel_17 Jun 2016 #16

Depends on the type of immunity Travis_0004 Jun 2016 #12

Immunity agreements have terms and conditions laserhaas Jun 2016 #19

I would think the FBI has asked most of Press Virginia Jun 2016 #22

And that's when cou sel objects laserhaas Jun 2016 #25

He may need a separate grant of immunity for these proceedings. Yo_Mama Jun 2016 #24

There are potentially two cases. One is civil and active, in which he is pleading the Fifth. JDPriestly Jun 2016 #45

He was granted immunity by the FBI, not Judicial Watch. n/t ebayfool Jun 2016 #58

Judicial Watch can't prosecute him. Press Virginia Jun 2016 #59

Yeah, but they can sue his pants off if he testifies and incriminates himself. ebayfool Jun 2016 #61

They don't have standing to personally sue him. Press Virginia Jun 2016 #62

Okay. But if he did testify and it contradicted what he has told the FBI, all bets are off on ... ebayfool Jun 2016 #68

It would have to be a material contradiction. Press Virginia Jun 2016 #69

This message was self-deleted by its author LiberalArkie Jun 2016 #2

That was for the criminal case (FBI)... tex-wyo-dem Jun 2016 #5

His immunity covers him in civil cases Press Virginia Jun 2016 #9

Would that not depend on the terms the FBI gave? ebayfool Jun 2016 #64

I'm assuming the FBI asked about the set up of the server Press Virginia Jun 2016 #65

So? jeff47 Jun 2016 #70

This message was self-deleted by its author thereismore Jun 2016 #6

Different case, different proceedings. Yo_Mama Jun 2016 #33

Asserting the right against self-incrimination = crimes commited Cosmic Kitten Jun 2016 #4

Nonsense Major Nikon Jun 2016 #14

On refusing to testify w4rma Jun 2016 #18

Thanks for the wiki cut and paste Major Nikon Jun 2016 #20

Staying silent “can be used against you,” said Peter Toren, a former federal prosecutor and partner w4rma Jun 2016 #107

Thanks for the right wing perspective Major Nikon Jun 2016 #108

It's a legal perspective and this scenario of the prosecutor will play out in court with the w4rma Jun 2016 #109

Sorry, but I just don't give a shit what a right wing rag has to say. YMMV. Major Nikon Jun 2016 #110

"The Hill" is a "right-wing rag", now? You Clintonites are limiting your media outlets to hardly w4rma Jun 2016 #111

Namecalling directed at me, especially "Clintonite" is a fucking joke Major Nikon Jun 2016 #112

Your comment is truly ironic considering your signature line csziggy Jun 2016 #17

I think you missed the point Cosmic Kitten was making 99th_Monkey Jun 2016 #27

And I think you missed the point cheapdate Jun 2016 #31

My comment was solely in reference to Cosmic Kitten's post, not to the OP 99th_Monkey Jun 2016 #37

If you say so. cheapdate Jun 2016 #40

But when the Fifth Amendment is invoked, it is because testimony could incriminate JDPriestly Jun 2016 #72

Does he have anything to gain by testifying? cheapdate Jun 2016 #73

This is just my experience. I can't say what would happen in a case you might be JDPriestly Jun 2016 #74

Again, back to the hypothetical case cheapdate Jun 2016 #75

No, the Fifth can be used if there is apprehension csziggy Jun 2016 #43

I agree.n/t 2banon Jun 2016 #28

Really? So, do you think the Fifth Amendment should maybe be phased out? cheapdate Jun 2016 #29

No it isn't. It really does not. Yo_Mama Jun 2016 #34

No, this is a fairly silly post. JonLeibowitz Jun 2016 #51

He is smart to follow his attorney's advice. And Judicial Watch is the modern day pnwmom Jun 2016 #23

Exactly. Why the hell would he cooperate in any way with a right wing witch hunt? Midnight Writer Jun 2016 #77

OP's like this will soon be banned OnyxCollie Jun 2016 #32

Legitimate news, such as this, won't be banned. (nt) w4rma Jun 2016 #38

So is hoping for an indictment now a ban-able offense? Reter Jun 2016 #67

Are you worried or excited? OnyxCollie Jun 2016 #71

Not yet, but maybe starting 6/16. JustABozoOnThisBus Jun 2016 #91

"I doubt if Clinton even knows his name" B2G Jun 2016 #96

Hey Hillary don't you understand that right or wrong when jwirr Jun 2016 #35

But this is just a big Nothingburger!!! eom LiberalElite Jun 2016 #39

This message was self-deleted by its author SusanLarson Jun 2016 #41

LOL SusanLarson Jun 2016 #42

Have no idea what this means. zentrum Jun 2016 #44

I hope he doesn't have any plans flying anywhere, mr clean Jun 2016 #50

Pagliano is worried about a potential breach at the court reporting company? This guy? ebayfool Jun 2016 #60

Once again...Clinton Email Testimony Video: KeepItReal Jun 2016 #76

Bernie just became the next President of the United States. Major Hogwash Jun 2016 #89

"conservative" legal watchdog group is an understatement and they are a total rightwing attack beachbum bob Jun 2016 #90

That's the point though... TipTok Jun 2016 #92

Good for him and I don't "effing" blame him at all maxrandb Jun 2016 #93

He's in no legal jeopardy so he must be afraid of something tularetom Jun 2016 #103

as is his right to do. Sunlei Jun 2016 #105