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A former aide to Hillary Rodham Clinton who helped set up the server that housed Mrs. Clinton’s private email account plans to invoke his Fifth Amendment right in response to congressional questions about the email practices, according to two people who have been briefed on the matter. The former aide, Bryan Pagliano, was subpoenaed to testify before a House committee, but a lawyer for Mr. Pagliano has told the panel that his client will assert his right to remain silent and decline to answer their questions. The subpoena was issued by the House committee investigating the 2012 attacks in Benghazi, Libya. As part of its inquiry, the panel is examining Mrs. Clinton’s use of a private email account while she was secretary of state, which shielded her correspondences from congressional inquiries. Mr. Pagliano was the information technology director for Mrs. Clinton’s 2008 presidential campaign and then worked at the State Department as an adviser and special projects manager for its chief technology officer, according to his LinkedIn page. He left the State Department in February 2013, the same month Mrs. Clinton stepped down as secretary of state.

Clinton campaign aide said that Mr. Pagliano’s decision was “both understandable and disappointing to us, because we believe he has every reason to be transparent about his I.T. assistance.” “We had hoped Bryan would also agree to answer any questions from the committee and had recently encouraged him to grant the committee’s request for an interview,” the aide said.

Even if Mr. Pagliano does not back down, the panel will probably still call him to testify and force him to invoke the Fifth Amendment in person.

A former IT expert who was previously responsible for Hillary ClintonHillary Rodham ClintonTrump warns against Syrian refugees: 'A lot of those people are ISIS' Overnight Finance: Senate sends Puerto Rico bill to Obama | Treasury, lawmakers to meet on tax rules | Obama hits Trump on NAFTA | Fed approves most banks' capital plans Bush World goes for Clinton, but will a former president? MORE’s private email server answered virtually no questions during a roughly 90-minute deposition as part of an open records lawsuit this week.Aside from stating his name and saying three times that he understood procedural rules of the sworn-oath interview, Bryan Pagliano declined to say a single word other than to plead his Fifth Amendment right against self-incrimination.

The extensive reliance on the Fifth Amendment, which was first reported by Fox News on Wednesday, was expected; Pagliano’s lawyers had previously notified the court about the IT consultant’s plans.But it nonetheless could reflect poorly on Clinton, the former secretary of State and presumed Democratic presidential nominee, whom the judge in the case has said could be forced to answer questions herself.Pagliano’s refusal to talk ensures that key details about her email system remain unsettled and may raise the chances that she is asked to be interviewed herself as part of the case.

Pagliano has been granted limited immunity as part of the FBI’s ongoing investigation of Clinton’s email setup and the possibility that classified information was mishandled. In court documents filed ahead of his Wednesday morning deposition, lawyers for him and the federal government refused to outline the terms of the agreement or say how he might be assisting the investigation.However, lawyers did warn that the limited nature of his deal could leave him open to prosecution for incriminating information he divulged outside of protected sessions.The federal court ruled last week that Pagliano's immunity deal could remain secret.

Crushing the hope-filled “it’s just a backup of what they have already seen” narrative of a campaign clutching at straws to defend their candidate, and confirming Fox News Bret Baier’s earlier reporting, CBS News reports that the FBI has found new, non-duplicate emails related to Hilary Clinton’s tenure as Secretary of State on Anthony Weiner’s laptop. Sources earlier described to Fox News’ Bret Baier as an “avalanche of evidence…” And tonight we are getting further clarification, from US Officials, as to what that evidence consists of (via CBS News)  These emails, CBS News’ Andres Triay reports, are not duplicates of emails found on Secretary Clinton’s private server. At this point, however, it remains to be seen whether these emails are significant to the FBI’s investigation into Clinton. It is also not known how many relevant emails there are. This is a major problem for the surrogates, lawyers, life-long friends, and defenders of the status quo as it destroys the narrative that has been painted suggesting these emails found on Weiner’s laptop are merely backups of what law enforcement officials have already seen (and found no intent in).

But what is most intriguing is the question of whether the missing 33,000 ‘personal’ emails ‘deleted’ by Bryan Pagliano in the full knowledge of Hillary Clinton (according to Wikileaks emails), are also on the estranged husband of Clinton right-hand-lady Huma Abedin’s laptop. s Federal law enforcement officials concluded to CBS News tonight:  “These emails have never been seen before” Fox’s Bret Baier summed up what happens next…  “I pressed again and again on this very issue… The investigations will continue, there is a lot of evidence. And barring some obstruction in some way, they believe they will continue to likely an indictment.”