Posted on 06/10/2016 12:06:49 PM PDT by jazusamo
(Washington, DC) – Judicial Watch today announced that it filed an opposition motion to Clinton email witness Bryan Pagliano’s attempt to file immunity agreements ex parte and under seal. Also, Judicial Watch asked the court to deny Pagliano’s effort to avoid videotaping of his deposition, during which he plans to assert his Fifth Amendment right.
Judicial Watch attorneys argue to U.S. District Court Emmett Sullivan that Pagliano’s immunity agreement should be made publicly available:
Mr. Pagliano’s request to file his immunity agreements ex parte and under seal is unfounded. First, the Court ordered Mr. Pagliano to file a memorandum, along with a copy of his reported immunity agreements. The Court did not order the immunity agreements to be filed ex parte or under seal and could have done so…as this Court has repeatedly emphasized, this case is about the public’s “right to know details related to the creation, purpose, and use of the clintonemail.com system.”
The brief also notes that the court can draw adverse inferences from any assertion of the Fifth Amendment in the civil lawsuit and that there is little chance that Pagliano could not answer some, if not all, of Judicial Watch’s questions without having to assert his Fifth Amendment rights.
The Obama administration today filed a “ Statement of Interest” supporting continued secrecy of the Pagliano immunity agreements. The government’s brief states that “releasing Mr. Pagliano’s agreements with the United States could prematurely reveal the scope and focus of the pending investigation.”
Mr. Pagliano is the Clinton State Department IT political appointee who reportedly provided support for the Clinton email system.
“Simply put, we need to see Pagliano’s immunity agreements so our attorneys are able to prepare his questions – especially if he’s going to assert his Fifth Amendment privilege,” stated Tom Fitton, Judicial Watch president. “We have faced astonishing roadblocks to getting simple questions answered about the Clinton email system.”
Previously, Judge Sullivan issued a court order requiring Pagliano to produce any reported immunity agreement and identify the legal basis for the Fifth Amendment claim he plans to assert in Judicial Watch’s discovery into the Clinton email system. The order delayed Pagliano’s deposition, which had been scheduled for Monday, June 6.
This discovery arises in a Judicial Watch Freedom of Information Act (FOIA) lawsuit that seeks records about the controversial employment status of Huma Abedin, former deputy chief of staff to Clinton. The lawsuit was reopened because of revelations about the clintonemail.com system. (Judicial Watch v. U.S. Department of State (No. 1:13-cv-01363)). Judge Sullivan ordered that all deposition transcripts be made publicly available.
How could ANY judge deny JW's need to see the immunity agreement?
I’m no legal eagle but in my view they should have access to them, hopefully JW prevails.
I’m glad the prevailing winds in the USA are from west to east. Here in Arizona its much harder for the stench from Washington to foul our clear desert air. Harder, but not impossible.
The most transparent administration in history...transparently corrupt.
“How could ANY judge deny JW’s need to see the immunity agreement?”
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Because immunity agreements often contains what is called a “Proffer” which lays out what the witness (Pagliano) knows about the Clinton FBI email probe, and even sometimes sets forth his anticipated testimony.
Do you really want Clinton to see this now? HELL no! Hope that that judge denies the JW motion until such time as the FBI has interviewed Clinton in the CRIMINAL probe.
The FBI does not want the FBI does not want Pagliano’s out there yet and for good reason. Do you want to screw up the FBI probe and allow Clinton to know the extent and nature of Pag’s cooperation as well as his “proffer” to the FBI? Hell no! Let the civil case wait until the FBI has interviewed her in a week or so. That is exactly how the judge should rule here if you want ANY chance of seeing her indicted.
They’re throwing up roadblocks to protect themselves.
Is there any way JW can SEE the agreement but it not be released publicly?
Is there any way JW can SEE the agreement but it not be released publicly?
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That is up to the court, but largely will be determined by the degree of sensitivity of the information contained within the agreement. I do not believe he will let them see it unless it is bland, and just sets out a very broad and vague “use immunity”. Odds are it will, and should, stay secret if the court forces it to be filed. Think indictment as he goal, not a judgment against her in an unrelated Benghazi “talking points” probe which is wha the JW lawsuit is focusing on. The civil case can wait a bit until we know one way or the other what is happening with the crim. probe.
“Hope that that judge denies the JW motion until such time as the FBI has interviewed Clinton in the CRIMINAL probe.”
Then what is the point of interviewing this dude at all?
“Hope that that judge denies the JW motion until such time as the FBI has interviewed Clinton in the CRIMINAL probe.”
Then what is the point of interviewing this dude at all?
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There are two separate matters: The criminal investigation by FBI, and an unrelated but somewhat factually overlapping FOIA lawsuit over the Benghazi emails, see? The civil case is run by Judicial Watch with it’s own private litigant as plaintiff. They want his deposition in their case, for their reasons. The interests of the FBI and JW are not always the same.
FBI is trying to preserve the integrity of their investigation. JW wants to rock and roll TODAY on their civil case. This is not hard at all, but you need to always keep in mind that we are talking about two completely separate actions involving SOME of the same facts. That’s the best I can do for you.
Clinton controls Pagliano’s attorneys and has avid supporters embedded throughout the DoJ. Is it conceivable that Hillary does not already know every word in the Immunity Agreement or that Pagliano has uttered to the FBI? The “investigation” of Clinton is a stonewalling operation. Much better to get facts into the public domain that let DoJ hide them.
I understand what you’re saying and in an honest administration I’d agree.
Do you really think Hillary and her lawyers don’t know every word of Pagliano’s immunity deal?
I understand what you’re saying and in an honest administration I’d agree.
Do you really think Hillary and her lawyers don’t know every word of Pagliano’s immunity deal?
Clinton controls Pagliano’s attorneys and has avid supporters embedded throughout the DoJ. Is it conceivable that Hillary does not already know every word in the Immunity Agreement or that Pagliano has uttered to the FBI? The “investigation” of Clinton is a stonewalling operation. Much better to get facts into the public domain that let DoJ hide them.
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I think you are wrong. Pag. is the only one WITHOUTjoint counsel. All the rest, including HRC, Mills, and a slew of others have joint counsel including David Kendall, the guy who goes all the way back to the impeachment hearings and sundry other scandals.
FBI has broken Pag. away. FBI is trying to keep their evidence from the Clintons. The Clintons do not know what Pag. saw, knows, what emails he may have kept, whether he saw HRC use her blackberry in unsecured areas, etc. You are certainly entitled to your opinion though, no problem.
I understand what you’re saying and in an honest administration I’d agree.
Do you really think Hillary and her lawyers don’t know every word of Pagliano’s immunity deal?
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You can believe whatever you want, based upon whatever evidence you have, and based upon whatever background and experience you have in the real world dealing with matters such as these. I’ve stated my opinion, and it’s just that.
the FBI doesn’t want Pagliano talking until they get their hands on clinton.
I would certainly prefer your optimistic concept to be correct.
Pagliano is represented by Mark MacDougal, a partner in “Akin Gump”, a D.C. firm with strong ties to the Democrats, and through partner Vernon Jordan, Jr., to the Clintons. Partners have already contributed $120,000+ to Hillary’s campaign. Its “Senior Consultant” Jose Villareal is her campaign Treasurer (and a Board Member of La Raza). It would be interesting to know who is paying Pagliano’s legal bills.
“the FBI doesn’t want Pagliano talking until they get their hands on clinton.”
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That’s what I believe as well.
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