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Clinton tech aide plans to take the Fifth at deposition
Politico ^ | 6/1/16 | Josh Gerstein

Posted on 06/01/2016 4:06:40 PM PDT by chuck allen

A former information technology adviser to Hillary Clinton plans to exercise his Fifth Amendment right against self-incrimination at a deposition next week and wants to prevent any video recording being made of the session.

Lawyers for former State Department tech specialist Bryan Pagliano said in a court filing Wednesday that there's no valid reason to make an audio or video recording of the session since Pagliano doesn't plan to answer any of the questions he's asked by the conservative group Judicial Watch, which is pursuing a Freedom of Information Act lawsuit related to Clinton's private email server. The group is scheduled to take Pagliano's deposition on Monday.

(Excerpt) Read more at politico.com ...


TOPICS: Breaking News; News/Current Events
KEYWORDS: bryanpagliano; clintogate; clinton; email; pagliano
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He got immunity from prosecution yet will still plead the 5th. Why?
1 posted on 06/01/2016 4:06:40 PM PDT by chuck allen
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To: chuck allen

WHy? How about “how?” Isn’t he compelled to testify once he has immunity?


2 posted on 06/01/2016 4:08:04 PM PDT by Pearls Before Swine
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To: chuck allen

Because its the Clinton Crime Syndicate.

“Some of my best friends are Clinton Americans”


3 posted on 06/01/2016 4:09:30 PM PDT by headstamp 2 (Fear is the mind killer.)
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To: Pearls Before Swine

He knows what the clintonistas do to snitches.


4 posted on 06/01/2016 4:10:08 PM PDT by shelterguy
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To: chuck allen

He was never going to testify. The DOJ is working overtime to keep him quiet.


5 posted on 06/01/2016 4:10:39 PM PDT by King Moonracer (Bad lighting and cheap fabric, that's how you sell clothing.....)
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To: Pearls Before Swine
"Isn’t he compelled to testify once he has immunity?"

This is a civil case, led by Judicial Watch. The Justice department has nothing to do with it, and I doubt if they can, or will attempt to compel him to testify.

6 posted on 06/01/2016 4:11:14 PM PDT by norwaypinesavage (The Stone Age did not end because we ran out of stones)
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To: chuck allen

The immunity deal may only apply to the DOJ/FBI.


7 posted on 06/01/2016 4:12:08 PM PDT by meatloaf
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To: chuck allen

“Take the 5th” is what Donald needs to call any one related to a Clintooon.


8 posted on 06/01/2016 4:12:08 PM PDT by CGASMIA68
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To: norwaypinesavage

Good point, I overlooked that.


9 posted on 06/01/2016 4:13:15 PM PDT by chuck allen
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To: meatloaf

Yes, I’ve been corrected. Sorry.


10 posted on 06/01/2016 4:13:57 PM PDT by chuck allen
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To: chuck allen
“He got immunity from prosecution yet will still plead the 5th. Why?”

Pagliano got immunity to testify in front of the FBI; he's pleading the 5th when it comes to testifying in the Judicial Watch civil suit.

11 posted on 06/01/2016 4:14:05 PM PDT by utahagen
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To: chuck allen

All of this is because CONGRESS REFUSES TO DO THEIR JOB!!

Congress has ALL the power in washington, the executive and judicial branch operate according to the whims of CONGRESS!

“U.S. CODE
TITLE 2—THE CONGRESS
CHAPTER 6—CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS
Sec. 193. Privilege of witnesses
No witness is privileged to refuse to testify to any fact, or to produce any paper, respecting which he shall be examined by either House of Congress, or by any joint committee established by a joint or concurrent resolution of the two Houses of Congress, or by any committee of either House, upon the ground that his testimony to such fact or his production of such paper may tend to disgrace him or otherwise render him infamous.”

Simply look up Hinds Precedents, especially chapters 53 and 51, and Cannon’s Precedents, especially chapters 184-185. You’ll find numerous detailed cases of Congress asserting its power, arresting people, holding them until they agreed to answer questions, and then releasing them. Some of these people did not refuse to appear, but simply failed to satisfactorily answer questions. One has to wonder how a previous Congress might have responded to Alberto Gonzales’s endless recitations of “I do not recall.”

Congress can Remove the President
Congress can remove the head of every executive agency Congress can remove ALL of their employees
Congress can Abolish every agency they so choose
Congress can remove EVERY JUDGE IN AMERICA, including every supreme court justice.
Congress can abolish every federal court except the supreme Court
Congress can decide which cases the Judicial Branch can hear and decide
CONGRESS can Imprison ANYONE they want for any reason they so desire for as long as they wish.
Congress can declare WAR

No other governing body has even 10% of the power CONGRESS has!!

CONGRESS IS ALLOWING ALL OF IT!!!

Congress has the authority to arrest and imprison those found in Contempt. The power extends throughout the United States and is an inherent power (does not depend upon legislated act)

If found in Contempt the person can be arrested under a warrant of the Speaker of the House of Representatives or President of the Senate, by the respective Sergeant at Arms.

Statutory criminal contempt is an alternative to inherent contempt.

Under the inherent contempt power Congress may imprison a person for a specific period of time or an indefinite period of time, except a person imprisoned by the House of Representatives may not be imprisoned beyond adjournment of a session of Congress.

Imprisonment may be coercive or punitive.

Some references

[1] Joseph Story’s Commentaries on the Constitution, Volume 2, § 842 http://press-pubs.uchicago.edu/founders/print_documents/a1_5s21.html

[2] Anderson v. Dunn - 19 U.S. 204 - “And, as to the distance to which the process might reach, it is very clear that there exists no reason for confining its operation to the limits of the District of Columbia; after passing those limits, we know no bounds that can be prescribed to its range but those of the United States.” http://supreme.justia.com/cases/federal/us/19/204/case.html

[3] Jurney v. MacCracken, 294 U.S. 125 http://supreme.justia.com/cases/federal/us/294/125/case.html 73rd Cong., 78 Cong. Rec. 2410 (1934) https://archive.org/details/congressionalrec78aunit

[4] McGrain v. Daugherty, 273 U.S. 135 - Under a warrant issued by the President of the Senate the Deputy to the Senate Sergeant at Arms arrested at Cincinnati, Ohio, Mally S. Daugherty, who had been twice subpoenaed by the Senate and twice failed to appear. http://supreme.justia.com/cases/federal/us/273/135/case.html

[5] Rules of the House of Representatives, Rule IV Duties of the Sergeant at Arms - [] execute the commands of the House, and all processes issued by authority thereof, directed to him by the Speaker. http://www.gpo.gov/fdsys/pkg/HMAN-105/pdf/HMAN-105-pg348.pdf

[6] An analysis of Congressional inquiry, subpoena, and enforcement http://www.constitutionproject.org/documents/when-congress-comes-calling-a-primer-on-the-principles-practices-and-pragmatics-of-legislative-inquiry/

In 1857, a New York Times reporter refused to say which members of Congress had asked him to get them bribes (protecting his “sources” just as various Judith Millers today protect the people who feed them proven lies that costs thousands of lives), so Congress locked him up until he answered and then banned him from Congress.

In 1924 an oil executive appeared but refused to answer certain questions, so the Senate held — literally held — him in contempt. Senator Thomas Walsh of Montana argued that this question of contempt was of the gravest importance, and that it involved “the very life of the effective existence of the House of Representatives of the United States and of the Senate of the United States.” The matter was taken to court, and the witness fined and imprisoned.


12 posted on 06/01/2016 4:15:33 PM PDT by eyeamok
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To: utahagen

Because he wants to continue breathing.


13 posted on 06/01/2016 4:22:38 PM PDT by CMailBag
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To: chuck allen

I bet the FBI gave him immunity through a proffer letter — otherwise known as “Queen for a Day” immunity.


14 posted on 06/01/2016 4:24:59 PM PDT by SSS Two
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To: chuck allen
"Mr. Pagliano will invoke his right under the Fifth Amendment and decline to testify at the deposition," Pagliano's lawyers Mark MacDougall and Connor Mullin wrote. "Given the constitutional implications, the absence of any proper purpose for video recording the deposition, and the considerable risk of abuse, the Court should preclude Judicial Watch, Inc. ... from creating an audiovisual recording of Mr. Pagliano’s deposition."

By "abuse" what they mean is a vid of him repeatedly invoking the phrase "incriminate myself of criminal activity" or somesuch. I can't imagine that being posted to the Internet on an infinite loop on a conservative website with a soundtrack of "I fought the law and the law won" or anything like that. That would be wrong.

15 posted on 06/01/2016 4:25:25 PM PDT by Billthedrill
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To: chuck allen
He got immunity from prosecution yet will still plead the 5th. Why?

Because he knows the government lawyers are a bunch of slimy liars and that cops/prosecution can lie all they want to the suspect?

16 posted on 06/01/2016 4:28:39 PM PDT by Edward.Fish
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To: chuck allen

Aren’t witnesses who plead the 5th in a civil trial subject to jail time and fines due to being in contempt? This scumbag is willing to go to jail for hildebeast.


17 posted on 06/01/2016 4:31:13 PM PDT by Hell to pay
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To: utahagen

Although the actual wording of the Fifth Amendment to the U.S. Constitution says a person shall not be “… compelled in any *criminal* case to be a witness against himself”, the right has been found applicable to civil actions as well. Natural persons in danger of facing criminal charges do not have to testify, answer interrogatories or produce documents about matters potentially incriminating to them.

A deposition is testimony. So is he in danger of facing criminal charges? Not unless he violates the terms of his immunity agreement with the Justus Department.
So it looks like Hillary is trying to have it both ways: hang it on Pagliano, “Why, I didn’t even know to have a password!” But wait—he’s got immunity.


18 posted on 06/01/2016 4:34:45 PM PDT by tumblindice (America's founding fathers: all armed conservatives.)
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To: chuck allen

Why...... he wants to continue to live


19 posted on 06/01/2016 4:37:07 PM PDT by Thibodeaux (leading from behind is following)
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To: Pearls Before Swine

Judicial Watch can’t compel anybody to do anything.

When the Clintons go to trial, in legitimate Article III court, yes, if Pagliano has been granted immunity by the government, he can be compelled to testify.


20 posted on 06/01/2016 4:38:46 PM PDT by Jim Noble (Cruz never could have outfought Trump.But I didn't know until this day that it was Romney all along.)
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