From this blog in an earlier post, I mentioned Brain Pagliano and he is in the news again today. Wait for it…..he is fending off a subpoena and will likely plea the Constitutional protection of the 5th Amendment. Will Hillary take down the White House?
Staffer who worked on Clinton’s private e-mail server faces subpoena
Washington Post: A former State Department staffer who worked on Hillary Rodham Clinton’s private e-mail server this week tried to fend off a subpoena to testify before Congress, saying he would assert his constitutional right not to answer questions to avoid incriminating himself.
The move by Bryan Pagliano, who had worked on Clinton’s 2008 presidential campaign before setting up the server in her New York home in 2009, came in a Monday letter from his lawyer to the House panel investigating the 2012 attack on the U.S. consulate in Benghazi, Libya.
The letter cited the ongoing FBI inquiry into the security of Clinton’s e-mail system, and it quoted a Supreme Court ruling in which justices described the Fifth Amendment as protecting “innocent men . . . who otherwise might be ensnared by ambiguous circumstances.’ ”
The FBI is investigating whether Clinton’s system — in which she exclusively used private e-mail for her work as secretary of state — may have jeopardized sensitive national security information.
Thousands of e-mails that have been released by the State Department as part of a public records lawsuit show Clinton herself writing at least six e-mails containing information that has since been deemed classified. Large portions of those e-mails were redacted before their release, on the argument that their publication could harm national security.
“While we understand that Mr. Pagliano’s response to this subpoena may be controversial in the current political environment, we hope that the members of the Select Committee will respect our client’s right to invoke the protections of the Constitution,” his attorney, Mark MacDougall, wrote.
Two other Senate committees also have contacted Pagliano in the past week, according to a copy of the letter, which was obtained by The Washington Post. The requests came from the Senate Judiciary Committee and the Homeland Security Committee, according to people familiar with the requests.
The Senate Judiciary Committee confirmed Wednesday that it sought to ask Pagliano about his work for Clinton.
“In response to questions . . . Mr. Pagliano’s legal counsel told the committee yesterday that he would plead the Fifth to any and all questions if he were compelled to testify,” a spokesperson for committee Chairman Charles E. Grassley (R-Iowa) said in a statement.
Rep. Trey Gowdy (R-S.C.), the chairman of the House Benghazi committee, had subpoenaed the computer staffer Aug. 11 and ordered that he appear for questioning before the committee Sept. 10. Gowdy also demanded that Pagliano provide documents related to the servers or systems controlled or owned by Clinton from 2009 to 2013.
Pagliano, who worked in the State Department’s information-technology department from May 2009 until February 2013, left the agency when Clinton departed as secretary. He now works for a technology contractor that provides some services to the State Department.
The committee’s ranking Democrat, Rep. Elijah Cummings (D-Md.), complained yesterday that Gowdy unilaterally issued the subpoena. He said the subpoena of a low-level aide is one of several signs that Gowdy is using the committee for the political purpose of trying to smear a Democratic presidential candidate.
“Although multiple legal experts agree there is no evidence of criminal activity, it is certainly understandable that this witness’s 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,” Cummings said. “Their insatiable desire to derail Secretary Clinton’s presidential campaign at all costs has real consequences for any serious congressional effort.”
MacDougall declined to comment late Wednesday evening.
Will Hillary Clinton’s Emails Burn the White House?
The Federal Bureau of Investigation can be expected to be tight-lipped, especially because this highly sensitive case is being handled by counterintelligence experts from Bureau headquarters a few blocks down Pennsylvania Avenue from the White House, not by the FBI’s Washington Field Office. That will ensure this investigation gets the needed “big picture” view, since even senior FBI agents at any given field office may only have a partial look at complex counterintelligence cases.
And this most certainly is a counterintelligence matter. There’s a widely held belief among American counterspies that foreign intelligence agencies had to be reading the emails on Hillary’s private server, particularly since it was wholly unencrypted for months. “I’d fire my staff if they weren’t getting all this,” explained one veteran Department of Defense counterintelligence official, adding: “I’d hate to be the guy in Moscow or Beijing right now who had to explain why they didn’t have all of Hillary’s email.” Given the widespread hacking that has plagued the State Department, the Pentagon, and even the White House during Obama’s presidency, senior counterintelligence officials are assuming the worst about what the Russians and Chinese know.
EmailGate has barely touched the White House directly, although it’s clear that some senior administration officials beyond the State Department were aware of Hillary’s unorthodox email and server habits, given how widely some of the emails from Clinton and her staff were forwarded around the Beltway. Obama’s inner circle may not be off-limits to the FBI for long, however, particularly since the slipshod security practices of certain senior White House officials have been a topic of discussions in the Intelligence Community for years.
Hillary Clinton was far from the only senior Obama appointee to play fast and loose with classified materials, according to Intelligence Community insiders. While most counterspies agree that Hillary’s practices—especially using her own server and having her staffers place classified information into unclassified emails, in violation of Federal law—were especially egregious, any broad-brush investigation into security matters are likely to turn up other suspects, they maintain.
“The whole administration is filled with people who can’t shoot straight when it comes to classified,” an Intelligence Community official explained to me this week. Three U.S. officials suggested that Susan Rice, the National Security Adviser, might be at particular risk if a classified information probe goes wide. But it should be noted that Rice has made all sorts of enemies on the security establishment for her prickly demeanor, use of coarse language, and strategic missteps.
However, Clinton should take no comfort from the fact that others may be in trouble with the FBI too. Just how many of her “unclassified” emails were actually classified is a matter of dispute that will take months for the FBI to resolve with assistance from the State Department and Intelligence Community. The current figure bandied about, that something like 300 of the emails scanned to date by investigators contained information that should have been marked as classified, is somewhat notional at this point, not least because the Intelligence Community has yet to weigh in on most of them.
Spy agencies typically take a harder line on classification than the State Department does, including a tendency to retroactively mark as classified mundane things—for instance press reports that comment on security matters can be deemed secret—that other, less secrecy-prone agencies might not. That said, there’s little doubt that our intelligence agencies fear that the compromise engendered by Hillary’s email slipshod practices was significant.
Although it will be months before intelligence agencies have reviewed all Clinton emails, counterintelligence officials expect that the true number of classified emails on Hillary’s servers is at least many hundreds and perhaps thousands, based on the samplings seen to date.
Excuses that most of the classified emails examined to date are considered Confidential, which is the lowest level, cut no ice with many insiders. Although the compromise of information at that level is less damaging than the loss of Secret—or worse Top Secret—information, it is still a crime that’s taken seriously by counterintelligence professionals. Most of the classified that Hillary and her staff seem to have compromised dealt with diplomatic discussions, which is a grave indiscretion as far as diplomats worldwide are concerned.
“Of course they knew what they were doing, it’s a clear as day from the emails,” opined one senior official who is close to the investigation. “I’m a Democrat and this makes me sick. They were fully aware of what they were up to, and the Bureau knows it.” That Hillary and her staff at Foggy Bottom were wittingly involved in a scheme to place classified information into ostensibly unclassified emails to reside on Clinton’s personal, private server is the belief of every investigator and counterintelligence official I’ve spoken with recently, and all were at pains to maintain that this misconduct was felonious.
It’s clear that many people inside the State Department had to be aware, at least to some degree, of what Clinton and her inner staff were engaged in. How far that knowledge went is a key question that the FBI is examining. The name Patrick Kennedy pops up frequently. A controversial character, Kennedy is the State Department’s undersecretary for management (hence his Foggy Bottom nickname “M”). A longtime Clinton protégé, Kennedy is believed by many to be the key to this case, since his sign-off likely would have been needed for some of Clinton’s unorthodox arrangements.
