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Immunity deal raises stakes in Clinton email investigation
The Hill ^ | 3/03/16 | Katie Bo Williams, Cory Bennett

Posted on 03/03/2016 4:38:27 PM PST by Libloather

The immunity deal granted to a former Hillary Clinton staffer indicates the FBI's investigation into her email practices is accelerating, former prosecutors say.

Clinton was riding high on Tuesday following a series of decisive primary victories that seemed to put her on an unstoppable path to the Democratic presidential nomination.

But after her campaign celebrated big victories against Sen. Bernie Sanders (I-Vt.), the marquee issue that Republicans hope will sink her in the general election was thrust back into the spotlight.

The day after her Super Tuesday victories, a law enforcement official leaked that Bryan Pagliano, who helped set up Clinton's personal server, has been granted immunity in exchange for his cooperation with the FBI's investigation.

Pagliano, a former information technology official with the State Department, is seen as a key figure in the investigation into whether Clinton illegally transmitted classified information over her private server.

Clinton has consistently maintained no information that was classified at the time passed through her server, and a spokesperson immediately said that the campaign was "pleased" that Pagliano is cooperating with the FBI's investigation.

Still, the immunity deal adds to the appearance of possible misconduct in Clinton's email practices - and creates more uncertainty for her campaign.

Republicans have repeatedly invoked the possibility of criminal charges against Clinton in the server investigation. GOP front-runner Donald Trump has suggested Clinton might not be able to run for president, while Sen. Ted Cruz (R-Texas) on Wednesday called the immunity deal "an ominous development for the Clinton campaign."

"This is nothing but bad news for Hillary," said Matt Mackowiak, a Republican strategist.

Deepening Republican suspicions, Pagliano has previously declined to speak to investigators from both the Statement Department Office of Inspector General and the FBI. In September, he exercised his Fifth Amendment rights in refusing to provide answers to the House Select Committee on Benghazi, citing the "current political environment."

Legal experts say the kind of deal the Department of Justice (DOJ) has struck with Pagliano is common in cases where investigators want to work their way up the food chain in uncovering possible criminal activity.

Still, several former DOJ prosecutors cautioned that the granting of immunity in no way indicates that charges against Clinton are likely.

"If prosecutors confer immunity in a case, in general it means that they at least have some intention of pursuing the matter to a grand jury. Whether they ultimately decide to pull the trigger and press charges is a whole other question," said Bob Ray, a former federal prosecutor who was head of the Office of the Independent Counsel during the Whitewater investigation of Bill and Hillary Clinton.

What the immunity deal does suggest, experts say, is twofold.

First, that investigators believe Pagliano has potentially valuable information that will help it determine whether any laws were broken.

Second, that the Department of Justice is at minimum setting the stage for the possibility of a criminal case.

"It doesn’t necessarily signal that there will be charges. What it does signal is that they are accelerating past the investigation stage and things have now risen to the level of a grand jury investigation," Ray said.

Legal experts note that the Department of Justice (DOJ) - under whose authority the FBI operates - doesn’t have the power to grant immunity. Federal judges are the only ones with that power, and only at the request of a DOJ prosecutor.

But for a DOJ prosecutor to make such a request is "a pretty significant step," Ray argued, one that prosecutors don’t typically take unless they believe the testimony is worth letting go of a smaller fish.

"Prosecutors are in the business of making cases - you don’t hand out immunity unless the hope is it gets you additional evidence that you would not be able to get, and that [the] evidence leads towards being able to perfect a charge," he said.

Security experts say Pagliano could know a great deal.

"I think of him as Sammy 'The Bull' Gravano; he knows where the bodies are buried and he could bring down the whole organization," said Morgan Wright, a cybersecurity consultant who has worked with tech companies like Cisco and Alcatel-Lucent, referencing the underling who helped bring down mob boss John Gotti.

According to reports, Pagliano was the central figure behind Clinton's server configuration.

"There was no crew," Wright said. "This was a one-man shop."

As a result, Pagliano would have the "most direct knowledge" of how the server was set up, said Peter Toren, a cyber crime attorney and former DOJ computer crimes prosecutor.

He likely can provide pivotal details, including what security measures - such as encryption - were put in place when the server was installed, and whether backups were made.

Perhaps more importantly, Pagliano might have been part of conversations regarding what Clinton's camp said the server would be used for, and how the team wanted to manage confidential information that could pass through the device.

"Was he told, 'Oh this server is going to have confidential, or top secret, or secret State Department communications on it?'" Toren said.

All of the conversations with Clinton's staff at State could give investigators more targets and leads.

"This guy's low-hanging fruit," Wright said. "But he’s going to lead them to bigger things."


TOPICS: Crime/Corruption; Extended News; Government; News/Current Events
KEYWORDS: clinton; email; fbi; immunity
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She should lawyer up so she can avoid all of those 'pesky' questions on the campaign trail.
1 posted on 03/03/2016 4:38:28 PM PST by Libloather
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To: Libloather
They are going to pin it on someone other than Hillary.

The search is on for the fall guy or gal right now.

After all - it is others who exercised bad judgement in sending classified information to her.

Hillary was just the innocent recipient of information sent by others.


2 posted on 03/03/2016 4:51:20 PM PST by Iron Munro (Everyone has a plan till they get punched in the mouth -- Mike Tyson)
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To: Libloather

Better get this guy into protective custody quick.


3 posted on 03/03/2016 4:51:57 PM PST by hardspunned
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To: Libloather
Yawn photo: YAWN!!!!! P5120273.jpg

Obama's justice department will do nothing to the hilldawg.

4 posted on 03/03/2016 4:52:07 PM PST by Snickering Hound
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To: Libloather

She is toast.


5 posted on 03/03/2016 4:54:48 PM PST by nomorelurker
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To: Libloather

Raises steaks, lobsters, caviar and champagne for all the actors in this kabuki theater of the longest running play in D.C.


6 posted on 03/03/2016 4:55:43 PM PST by PGalt
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To: Libloather

Once Trump turns his fire on Hillary and blasts her repeatedly for her dishonesty, corruption, bribe laundering and lack of accomplishment, her campaign will be dead in the water.A continuing campaign will be a disaster for Democratic Congressional candidates. Obama also fears that Trump not only will win but will prosecute his commissars that broke the law in the IRS Tea Party scandal, the politically directed audits , Fast and Furious and many others. He is worried that they will cut deals, testify under oath and reveal his direct involvement. He’ll offer Trump a deal. Obama indicts Hillary, forces her out of the race, puts up Biden or Kerry as sacrificial lambs and in return Trump agrees to no prosecutions. Predict Hillary will be out of the race within six weeks. The “Democratic establishment” knows something has to be done.


7 posted on 03/03/2016 5:01:48 PM PST by allendale
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To: nomorelurker

She is toast.


She’s definitely closer to being toast. This is very frustrating.


8 posted on 03/03/2016 5:02:32 PM PST by laplata ( Liberals/Progressives have diseased minds.)
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To: Libloather

This is a sham. With immunity, the guy doesn’t have to talk,and there will be no desire to rescind immunity.


9 posted on 03/03/2016 5:03:30 PM PST by King Moonracer (Bad lighting and cheap fabric, that's how you sell clothing.....)
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To: allendale

That makes sense.


10 posted on 03/03/2016 5:05:58 PM PST by laplata ( Liberals/Progressives have diseased minds.)
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To: Libloather

The dems are using the Ollie North strategy....

The guy gets immunity, lies though his teeth and covers for Hillary....


11 posted on 03/03/2016 5:06:27 PM PST by Popman
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To: Libloather

Why come clean after pleading the 5th? I keep going around and around with this question with a different conclusion each time. This time around I’m thinking the FBI has dug up enough dirt on this IT guy on their own to put him away. Now he is going to come clean on perps way higher up the food chain in order to keep this lower alimentary canal in one piece. Hope he also negotiated 24/7 protection.


12 posted on 03/03/2016 5:10:27 PM PST by DAC21 (.z)
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To: King Moonracer

As a condition of receiving immunity he agrees to cooperate. If he stops cooperating, no more immunity.
The federales offer only `use’ immunity (I believe), no `transactional’ immunity or a complete `Get out of Jail’ card.
IOW, use immunity means they can’t prosecute him for anything they discover from his disclosures (`squealing’), but if they discover anything on their own, then there is no protection for him. If anyone can explain it better, jump right in.
So it’s prolly in his best interests to squeal like a piggie. Her Thighness may be in real trouble.


13 posted on 03/03/2016 5:11:37 PM PST by tumblindice (America's founding fathers: all armed conservatives.)
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To: allendale
Once Trump turns his fire on Hillary and blasts her repeatedly for her dishonesty, corruption, bribe laundering and lack of accomplishment, her campaign will be dead in the water.A continuing campaign will be a disaster for Democratic Congressional candidates. Obama also fears that Trump not only will win but will prosecute his commissars that broke the law in the IRS Tea Party scandal, the politically directed audits , Fast and Furious and many others. He is worried that they will cut deals, testify under oath and reveal his direct involvement. He’ll offer Trump a deal. Obama indicts Hillary, forces her out of the race, puts up Biden or Kerry as sacrificial lambs and in return Trump agrees to no prosecutions. Predict Hillary will be out of the race within six weeks. The “Democratic establishment” knows something has to be done.

Coming in from the bullpen.....Joe Biden.

14 posted on 03/03/2016 5:16:20 PM PST by GreenHornet
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To: tumblindice

Good analysis.

This guy might not stop squealing once he starts.


15 posted on 03/03/2016 5:17:19 PM PST by laplata ( Liberals/Progressives have diseased minds.)
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To: DAC21
"...in order to keep his lower alimentary canal in one piece."

Took a few seconds for that to register.

This guy better sing like whippoorwill.

16 posted on 03/03/2016 5:29:48 PM PST by SnuffaBolshevik
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To: GreenHornet

Yep.

Ol’e Joe to the rescue.

No other dem wants to be thrown in this mix.


17 posted on 03/03/2016 5:30:01 PM PST by Romans Nine
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To: Romans Nine

This will go no where


18 posted on 03/03/2016 5:34:46 PM PST by scooby321
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To: Libloather


19 posted on 03/03/2016 5:38:14 PM PST by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -w- NO Pity for the LAZY - Luke, 22:36)
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To: scooby321

Come on. Cut me some slack. Geez a guy can dream can’t he?

Seriously who knows? Lots of strange things going on.


20 posted on 03/03/2016 5:40:32 PM PST by Romans Nine
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