Discussion: Reports: Former Clinton Staffer Who Set Up Server Granted Immunity

Discussion for article #246810

I would have refused to testify in front of the Senate or House as well. Anyone should be able to refuse to give testimony under oath to a lynch mob.

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Immunity means the Justice Department must forego bringing a case against him, but if the DOJ thought they had a case against Pagliano, they would not grant him immunity. They would prosecute that case, or else make a plea deal which could include the grant of immunity. They are granting him immunity because there is no case they are foregoing, so, this way, he can and will give them evidence.

Also…

This cuts out the dubious activities of certain poltically biased committees…

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And meanwhile, John Bolton etal are pretending this MEANS something…I love how they blame Clinton for things they have done but SOMEHOW ‘she’ should have been smarter and after all, ‘this is the way the Clintons operate’…wink wink nod nod and for the most part the media pretends to go along with it…

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Precisely. You’d have to be a complete idiot to testify about anything before a Senate or House committee. I’d take the 5th if they asked me what my address was.

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“CNN reported that Pagliano agreed to grant an interview for the ongoing criminal investigation, also citing an anonymous law enforcement official.”

Is this correct? I have never heard it described as a criminal investigation.

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The claim that it’s a criminal investigation has been repeatedly challenged, ever since the NYT first botched the story and had to backpedal. Given that the IG already found that both Rice and Powell did the same thing, any “charge” would have to be much broader in any case.

This is a tech guy who installed the server. What “big stuff” exactly is supposed to come out his testimony (which the Clinton camp urged him to give anyway)? “Gee, Hillary came up to me while I was setting it up and said ‘Be sure it violates national security! Make it particularly vulnerable to Chinese hackers, and be sure it’s full of classified info!’”

I imagine they want specs on its setup. Not really a bombshell.

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This is the tech guy - it’s Nick Burns your company’s computer guy! - and to hear the media and the GOP talk you would think he’s a criminal mastermind about to drop the dime on that dame.

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“Round up the usual unnamed sources!”

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The legal issue of mishandling classified material would only have relevance to the server if there was some evidence or speculation that someone intended to mishandle classified information and the private server was used specifically to do that. That’s pretty far fetched. state.gov email communications are not secure, so there would be no legal difference between sending information via a state.gov account routed to a cell phone and sending that same email to HRC via her personal account.

If Hillary is being investigated for the unintentionally risking exposure of classified information by including it in unsecure emails, virtually every high level state and defense and DOE official who monitors his/her work email on their phones should be investigated as well (private server or .gov server).

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"This is a tech guy who installed the server. What “big stuff” exactly is supposed to come out his testimony (which the Clinton camp urged him to give anyway)? "

Guy gets food poisoning at a restaurant; then they interview the guy that installed the fridge.

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Maybe he installed Windows without buying a site license!

Call in the People’s Grand Jury!

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Yes, as @RationalLeft says, the NYT was the original source of that bogus characterization and was notoriously forced, kicking and screaming, to take it back by their own public editor. Other than the right-wing fever swamps, nobody else has reported that it’s a criminal investigation, AFAIK.

@Josh_M, if that’s the case, Sara really, really needs to correct her story; and a little editor’s note about it wouldn’t hurt either, given how common the misperception is – relentlessly fed by the GOP and its leading candidate. (The Petraeus-contrast piece was welcome, but these things tend to have to be repeated for the point to stick…)

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Yes, I should have said “except for the NYT piece, this never was described as …”

No grant of even full transaction immunity by the FBI (therefore binding on the US DoJ, US AG, the US administration, and all state, country and municipal, LEOs is effective against a Congressional subpoena enforceable by contempt proceedings and related charges of obstruction or perjury.

Only Congress itself, from it’s most authoritative state of acting as whole in plenary session, all the way down to having arguably acted by court-enforceable inference thru one of its duly authorized and empowered designated officials such as a staff attorney to the House oversight committee, can waive all that in a manner that’s effective in fully immunizing whoever is receiving the grant.

You can be forgiven, because it was so thoroughly debunked so very quickly after they published. Though we should never let anyone forget that shameful, oh-so-revealing moment for the “paper of record”…

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Because as soon as you reveal your address, you waive your immunity from answering other questions.