that's bryan pagliano who worked for secretary clinton during her 2008 presidential campaign and at theartment has been identified in digital records as the person who set up the e-mail server in 2009. mr. pagliano's lawyer said, while we understand it may be controversial in the current political environment we hope the members of the select committee will respect our client's right. joining us now, joy reid and richard wolffe, executive editor of msnbc.com. richard, you are leading with this report tonight. "washington post" is containing some of this information. this is kind of an extraordinary development in this, when you hear of someone involved in setting up that e-mail for secretary clinton now saying he will not testify for fear of self incrimination. >> it is perfectly within his constitutional rights to do what he is doing. from a political perspective, this looks as bad as deleting e-mails. it's a distraction, a further complication for the clinton campaign. a story they should have put to rest already. from an individual perspective, completely understandable, given the po

helps if as possible, and has encouraged her aides, current and former, to do the same, including bryan pagliano." the top democrat of the panel rushed to clinton's defense claiming pagliano is only taking fifth because he did not want to be drawn into a political spectacle. even he admitted it would have been better for pagliano to talk. >> am i surprised that he has decided to take the fifth? no, i'm not surprised. am i disappointed? yes. because i would have loved to have heard what he had to say. >> reporter: and republicans note it's harder for clinton now to try politics when there's also a nonpartisan fbi investigation looming. >> this is the one guy that could put all of this to bed. him pleading the fifth speaks volumes. >> reporter: clinton aides said today she's eager to testify to the benghazi panel in late october. though that also means the story may have legs as we edge closer and closer to these early caucuses and primaries, bret. >> ed, thank you. >>> a russian ship comes what might be a little too close for comfort to a major american military installation. while china impresse

with bryan pagliano pleading the fifth, the story of mrs. clinton and her server takes on another feature of the e-mail scandal, the low level pepper who served in the campaign whose mean nothing to the general pub luck and who if presented with some form of immunity could conceivably be flipped to testify about the higher ups who he interacted. when you marry that to tend pg court cases and the fbi investigation and the more e-mails, checked just about every box for the making of a scandal with real legs in the presidential campaign setting. >> we don't want to speculate on it, but learn was not offered any deal. pagliano, i don't know a thing about it. >> the irony is that edward snowden would have us believe that the nsa can recover literally every key stroke that you and i type. the only people on planet earth -- every centipede is recoverable except if you're lois lerner or hillary clinton. then your stuff is just gone. in terms of your question about bengha benghazi, this committee is a little unusual in that it was formed two years af

bryan pagliano will testify and invoke his fifth amendment rights. >>> now the iran nuclear deal is in a done deal according to the vice president. he says the meeting with israeli prime minister benjamin netanyahu is in the works with the white house prepared to increase support to the israelis so they can maintain a military advantage over enemies. the vice president is also promising the iran nuclear deal will be fully enforced. >>> the supreme leader of iran hopes israel will no longer exist in 25 years. ayatollah khomeini is ruling out any other further negotiations with the united states beyond nuclear issues. dampening hopes that the nuclear deal will lead to closer ties with u.s. and iran. >>> the justice department is adopting a tough policy cracking down on wall street. federal prosecutors are being ordered to no longer give individuals protection from civil or criminal liability unless extraordinary circumstances. the justice department is criticized for taking in fines from the corporations rather than powerful corporate bosses. >>> asian markets closed lower. data from chi

. >> reporter: that former state department staffer, bryan pagliano, told lawmakers this week that heould invoke his fifth amendment rights if called to testify before the panel investigating the 2012 benghazi attacks. >> and i would very much urge anybody who is asked to cooperate to do so. >> reporter: clinton was forced to defend the e-mail controversy yet again just a day after a lengthy interview with nbc news where she said the logistics of her private server weren't a top concern when she arrived at the state department. >> we had so many problems around the world, i didn't really stop and think what kind of e-mail system will there be? >> reporter: in an interview for tomorrow's "face the nation," g.o.p. presidential candidate carly fiorina was asked if she find that explanation plausible. >> i actually don't because it takes a lot of work to install a private server system in your basement. and so i don't think it's plausible for her to say, "oh, i wasn't paying any attention." she clearly was paying attention. >> reporter: clinton's stop in new hampshire is the first of many

any conventional wisdom my bryan pagliano is taking the fifth? >> we don't know what else might be out there or why. he has every right to do that but clearly this is not a good image for the campaign. he no longer works for hillary clinton. and had been replaced actually after he left the state department so he hasn't work forward her for a number of years. that's not what they want out there. but there is nothing they can do to avoid it. now she's -- she said she's going to do, they said she is going to do more interviews. this was the first in a long time. only the third since she announced for the presidency. and i think they are going to have a much more public outreach because what they were doing in the midst of this e-mail controversy wasn't working to contain it politically. >> yours was a long interview. i was speaking with your executive producer. i do want to ask you about her perception among voters. play a little from that. >> but the first words that came to mind when asked about you were liar, untrustworthy, crooked. how does that

. >> tim pawlenty, this is bryan pagliano's attorney who is confirming he intends to plead the fifthndment. the sourcing on this is public in the articles at msnbc and the "washington post." >> this is a big development, lawrence. obviously this will be very detrimental, continually detriment tool hillary clinton's campaign until she can get it resolve one way or the thichblgt there will be a release of these e-mails every month, drip, drip, drip. and she is coming across stiff, awkward, defensive and i think joe biden is like george c. scott and patton. he looks at the smoldering battlefield and says, god help me i love it so. i think he wants to do this. i think he wants to get in and i predict he will get in. >> look at the "washington post" post poll. they released a favorable and unfavorable on the candidates. hillary clinton among registered voters 46, 56% unfavorable. joe biden 46% favorable. 49 unfavorable. donald trump 40 favorable, 58 unfavorable. jeb bush, virtually identical to trump, 38 favorable, 57 unfavorable. joy reid, it is hard to read in to that who has what kind

bryan pagliano is a former state department employee who did work on secretary clinton's technology ander. the house select committee on benghazi subpoenaed him to testify, but we understand in a letter to the committee his attorney said that bryan will assert his fifth amendment right not to answer any questions, and he also will not submit any documents to the committee that they might be asking for. he's also told other committees that have been can go about secretary clinton's e-mail server that he will not be answering those questions. now, the clinton camp has been charging this is a political witch hunt on secretary clinton, and in this letter to the committee, pagliano's attorney quotes, quote, the current political environment for his reason to assert his fifth amendment right. hillary clinton's spokesman said hillary clinton has made every effort to answer questions and be as helpful as possible and has encouraged aides current and former, including bryan pagliano to do the same. it is said he would not want to be involved in a political spectacle. cheryl mills, who is testify

bryan pagliano will invoke his fifth amendment right. >>> and vice president joe biden working to smoothhings over now the iran nuclear agreement is a done deal. the vice president says the meeting with the israeli prime minister benjamin netanyahu is already in the works with the white house prepared to increase support to the israelis so they can maintain a military advantage over their enemies. the vice president is promising the iran nuclear deal will be fully enforced. >>> the supreme leader of iran hopes israel will no longer exist in 25 years. ayatollah khomeini is ruling out any further negotiations with the u.s. beyond the nuclear issues. that is dampening hopes it could lead to thawing relations with the u.s. and iran. >>> the u.s. will crackdown on wall street investors involved in fraud. it will not give individual protection unless there are extraordinary circumstances. the justice department is taking heat rather than prosecuting powerful corporate bosses. >>> time for an early start on your money. falling prices in chinese and european markets are down. the dow fell 240 po

but what does keep showing up, clinton's e-mail controversy, pleading the fifth, bryan pagliano, a former that clinton privately paid for him to maintain the server. >>> looking at the other side, we know who will take part in the gop debate. it's been confirmed carly fiorina will be on the stage at the debate next week, sharing it with donald trump. >> it is expected to be the first time they come face to fame since he insulted her behind her back, even though trump claims he wasn't talking about her looks. here's nbc's haley jackson. >> reporter: under attack from donald trump, carly fiorina is barely blinking. >> i really don't spend a lot of time worrying about what donald trump thinking about my looks. >> trump was quoted while watching fiorina on tv, like at that face, would anyone vote for that? >> it says so much about him and very little about me, but this is part of a pattern, isn't it? where he says things and then trying to explain why he said them. >> reporter: the explanation now? trump insists he wasn't talking about fiorina's face. >> i'm talking about her pena. >> some st

clinton acknowledging for the first time saturday her family personally paid state department aide bryan pagliano to maintain her private server while she was secretary of state. >> we obviously paid for those services and did so because during a period of time we continued to need his technical assistance. and i think that's in the public record. >> pagliano is the same aide who said he would plead the fifth this past week, refusing to speak to a congressional committee about the issue. >> and we have encouraged everyone to cooperate. >> reporter: the e-mail controversy is taking a toll in places like iowa where bernie sanders has come within striking distance of clinton. on saturday, sanders acknowledged his surge. >> i think the clinton people are getting very nervous about the energy our campaign is bringing forth. >> reporter: clinton says she's not focussed on sanders but on her republican rivals, taking a shot at donald trump. >> i'd rather you stop cherishing women and start respecting women. >> reporter: trump fired back saying hillary said nasty things about me off her teleprompter, but

. >> reporter: now, obviously, if these committees back in washington can get bryan pagliano to talk,t could complicate not just hillary clinton's efforts to try and turn the page from this controversy, but also add to the legal and political drama ahead with that fbi investigation, jenna. jenna: we'll see where this goes next. ed, thank you. gregg: with an effort to block the iran deal taking up republican bandwidth this week, many candidates are trying to gain traction against front runner donald trump. scott walker, jeb bush speaking today and louisiana governor bobby jindal delivering some stinging remarks this hour at the national press club in washington on the state of the presidential race, donald trump and other issues. chief political correspondent carl cameron following the republican side of the race for the white house live from washington. >> reporter: it looks like republicans are beginning to focus on what to do about donald trump, but now it's not just jeb bush who for the last several weeks has been going toe to toe with the real estate mogul. now comes bobby jindal.

that staffer bryan pagliano has been identified as the individual who set up hillary clinton's privater back in 2009. his attorney writing, while wenls that mr. pagliano's response to this subpoena may be controversial in the current political environment, we hope the members of the select committee will respect our client's right the invoke the protections of the constitution. brian fallon was on msnbc today. >> this is a right man who was in his mid 20s when he set up the server. he is an i.t. professional, a wonderful human being according to everybody who knows him. i think his lawyer is understandably not wanting him to get caught up in a partisan swirl where he'll be used in a pawn in a, what has sfwurnds a political exercise on capitol hill. we encouraged him to testify. there is absolutely nothing that went on that was wrong here. he didn't do anything wrong. again, that's why we urged him to testify. ultimately it is his decision. bryan's lawyer was judging that he wonderful get a fair share from the committee republicans. >> meanwhile, hillary clinton's state department chief

he issued a statement praising bryan pagliano for not testifying.n was the last time you saw a mental of congress for not testifying being praised for not testifying? >> i am a trained lawyer. if there was an fbi investigation going on and my client was called before a congressional committee, i would tell him to take the fifth amendment. you learn the first day in law school that there is no inference of criminality. we don't even know if there is a criminal investigation going on. can i finish? >> the question is -- >> it may well be. can i finish? and what hillary clinton did, tucker, when she did it, was appropriate and allowed under the rules then in exist tense. six months later the rules changed. so while monica is certainly right -- >> we don't know that. >> to say people opposed it, what she did was allowed when she did it. >> we don't know that, doug. as you know. >> i think we do. >> we don't know the vast majority of the e-mails because she has cloaked them from any supervising authority. much less the public. >> how can she get up there

another piece of new information, we're just learning that bryan pagliano, the former clinton it staffer who put the server together, set it up, he'll be called before the house benghazi committee tomorrow. he is expected to take the fifth but republican senator chuck grassley is offering him immunity to talk. if he agrees to that, it could open the door to all kinds of other stuff. >> that's going to happen tomorrow. it won't be a slow news day. >> no way. >> ed henry, thanks so much. >>> leading in nearly every poll. >>> thousands of refugees running for cover as a camera woman conferring the crisis gets involved. look at that. but not in the way you might think. >> we have to escape from the war. our system, our -- there is worse in my country. this is my body of proof. proof of less joint pain. and clearer skin. this is my body of proof that i can fight psoriatic arthritis from the inside out ...with humira. humira works by targeting and helping to block a specific source of inflammation that contributes to both joint and skin symptoms. it's proven to help relieve pain, stop further

bryan pagliano was an i.t. staffer for the state department whom clinton paid to help maintain her private server. today, people are congregating for ceremonies in new york city, pennsylvania, and washington, d.c., to mark the 14th anniversary of 9/11 terror attacks. the commemoration comes after last month's death of marcy borders, the former bank of america legal assistant who became known as the "dust lady" after a photographer snapped a picture of her engulfed in dust as the twin towers began to fall. borders died of stomach cancer, which she believed was linked to the ash inhaled on 9/11. she was 42 years old. meanwhile, in chile, people are marking the 42nd anniversary of its own 9/11. on september 11, 1973, democratically elected president salvador allende died in the palace in a u.s.-backed coup, ushering in 17 years of brutal dictatorship under augusto pinochet. in yemen, local officials say a u.s. drone strike has killed four people after it hit a vehicle in southeastern yemen wednesday. officials are

bryan pagliano appeared today before a house committee investigating the attack on u.s.lomats in benghazi, libya. as expected, he cited his constitutional right against self incrimination. the presidential campaign erupted into a kind of verbal food fight today, with donald trump at its center. the republican frontrunner made g.o.p. rival carly fiorina his latest target. in a "rolling stone" magazine profile, he belittled fiorina's appearance and said, "can you imagine that, the face of our next president?" trump insisted today he was talking about fiorina's persona and not her face. but republicans and democrats, including hillary clinton, condemned the crack. clinton spoke in columbus, ohio. >> we hear from candidates on the other side about turning back the clock on women's rights, and there is particular candidate who just seems to delight in insulting women. (laughter) every chance he gets. i have to say, if he emerges, i would love to debate him. (cheers and applause) >> ifill: trump also went after republican ben carson for questioning his religious faith. he said

the think about this, bryan pagliano was on capitol hill. remember him? he was clinton i.t. staffer who set up server. democrats say this is political sideshow. that republicans knew he would take the fifth to parade him in front of the cameras. republicans insist if we want to hear from him, if he is taking fifth officially they might grant him immunity to hear what he has to say about the server. david: you look attain any crowds at hillary event you see how this is having an effect. ed, thank you. we go to the hill with chad pergram our senior producer. chad, the key here what most interests people, the move by conservatives to the stop irrather than deal has any chance of working. what do you say? >> there is no real pathway to kill this outright because they had a very narrow gambit here where the house and senate were going to vote to reject the iran deal and then send this to president obama, force him to veto it and try to override the veto. president obama had four vetoes in his presidency. there has never been a veto override of an obama veto. and once the house of

. >> and what do you think about the fact that this float bryan pagliano says that he's going to take the fifth? hillary clinton saying there's not wrong, unethical, certainly nothing illegal. and here's a guy taking the fifth against self-incrimination. >> we discovered yesterday with the "washington post" story he was being paid personally by the clintons to maintain this e-mail server. maybe there's nong nothing wrong with that but it's an example of exactly what you're supposed to do when you face a political problem like this. rule one, get the whole story out there. say you're sorry. maybe you apologize and move on. she has failed do those political 101 steps on this controversy. >> george, we give a temperature every week. is hillary clinton in better or worse shape at the end of this week? >> worse. they're paying this person, absent mindedly? she was saying i was so caught up in fixing relations with russia that i absent mindedly set up an alternative e-mail system? it doesn't pass the laugh test. >> if she's so crippled by this, i wonder where is vice president biden? he's s

instead, attorneys now say bryan pagliano will cite his right against self-incrimination. the committee is investigating the 2012 attack on u.s. diplomats in benghazi, libya, when clinton was secretary of state. >> woodruff: prosecutors in charleston, south carolina served notice today they'll seek the death penalty for dylann roof, the man accused of shooting nine black churchgoers to death in june. roof allegedly opened fire during bible study at the historic emanuel a.m.e. church. prosecutor scarlett wilson says she's met with all of the victims' families since then. >> all understand my responsibility and have shown great respect, even deference, for my decision to seek the death penalty for the killings at mother emanuel church. for that i am truly, truly grateful. this was the ultimate crime, and justice from our state calls for the ultimate punishment. >> woodruff: some of the relatives have publicly forgiven roof, and the prosecutor acknowledged some of them oppose the death penalty. >> ifill: the justice department is out with its final report on how police handle

bryan pagliano, the former state department staffer who worked on hillary clinton's private e-mail servereared before the house committee today where he invoked his 50 amendment right and refused to answer lawmakers question. here is fox news contributor tamara holder. if there is no legal issue, why would you invoke the fifth? jay? >> well, he's invoking the fifth because he's concerned that the statements he would make would be used in a criminal proceeding against him. and his lawyer said because of that, there may be criminal action. i think that's a good lawyer. if i was representing him, i would say the same thing, because i suspect that there is information that if it was made public that would either be constituted crime in and of itself, or might lead to something like perjury. so the fact is what i think the senate should do is grant immunity here and get this guy to testify, which is what the approach should be. they're taking the fifth because they're concerned. and i've done this for clients before. >> in fairness, could it be a simple issue that maybe he didn't pay taxes on

even though bryan pagliano has already said he intends to plead the fifth and she'll have to go before the committee next month, john. >> that's right. thanks, nancy. >>> catastrophic waters are rising in japan after days of heavy rain. people are literally crying for help and stranded on top of the cars and homes. it was strong enough to rip buildings from their foundations. seth doane is tracking the devastation from beijing, seth, good morning. >> reporter: good morning. the rain has been pounding for two days in a row causing flooding and landslide. some crawled to rooftops as the water rose and as japanese and military helicopters pulled people to safety. entire homes were surround order carried away as jocelyn city was flooded with floodwater. the river burst its banks sending a torrent of watt err through the city 60 miles worth about an hour north of tokyo. the deluge is the result of a low pressure system that's the tail end of a tropical storm passing through japan. the fear is more rivered could overflow and rain could trigger more landslides. one already buried a home. the

bryan pagliano is scheduled to appear infront of closed door congressional hearing next week. clinton's controversial email server and its security a lawyer for the ex-state department employee says he plans to plead the fifth amendment to avoid testifying before the committee. the clinton campaign said they encouraged all aides to talk she will seen the death penalty private >> pam: resident camp for with security video department: security irking the processes of the file is protected by special process they hope that the video provide significant evidence today authorities also release the last transmission the dispatch from lou cannon and some of his last words when he sensed something was wrong. " >> pam: no additional contact others responding officers found him dead in his service weapon was missing.he is charged with the racialy churchgoers back in june. documents filed today use the fact that more than two were killed. and others lives were prosecutors also say they will use evidence about roof's mental state, adult and juvenile criminal records, and lack of remorse a

martha: you're about to have bryan pagliano in the hearing room.resentative elijah cummings said about this. this is the identical approach taken by chairman issa when he served as chairman of oversight committee, forcing witnesses to assert in person for a photo-op. mr. benghazi has nothing to do with benghazi attacks. everything to do with republicans insatiable desire to derail hillary clinton presidential bid. would you like to respond to that. >> it is heart for every statement to be inaccurate but mr. cummings managed to pull it off. we're doing it very differently chairman issa did it and different when the democrats did it when they ran the asylum. letter from linda sanchez on because because committee. she very different view invoking right to incrimination. they threatened to make a witness come in have public hearing. as you know this is private hearing today. and contrary to what mr. cummings said, we have to talk to mr. pagliano. we have to make sure the record's complete. we have to make sure it hasn't been exfoliated or corrupted in

the former stat department aid who helped so the up the private e-mail server, bryan pagliano plans tonvoke the fifth amendment. clinton has encouraged all of her current and former aides to cooperate. the former secretary of state is set to testify october 22nd. >>> donald trump is building on his lead in the race. donald trump with 30% support. ben carson is second with 18%. trump fell into line with the republican party yesterday signing a loyalty pledge in a radio interview. he also revealed gaffes in his knowledge about international affairs. julianna goldman was at trump tower in new york city where he pledged not to mount a third >> he signed his party's loyalty pledge and still took time to poke at his rivals with his colorful trademark style. trump also supported a kanye run for president and gave a shoutout to tom brady. trump took a step toward the establishment. >> i have signed the pledge. >> reporter: just hours after making nice with the republican establishment, donald trump was on a popular conservative talk show and didn't need to know the name of foreign leaders. >>

attorneys for clinton aide bryan pagliano does not want to testify before a house committee saying heical spectacle. they did encourage him to testify. >>> spiraling out of control in eastern europe after being stranded for day, refugees from the middle east dashed on to trains in hungary today as police re-opened the main rail station. but hundreds of people were removed while others were taken to a town where a refugee camp is located. >>> and police north of chicago are expanding their search for three accused cop killers. there was a report overnight about two suspicious men walking near a cornfield not far from where lieutenant joe gliniewicz was shot but police now say that report was not credible. it was a hoax. >>> and parents in one texas town are outraged after their children rode to school with three women who were clearly drunk. the women simply walked on to a school bus packed with kids. sitting next to middle schoolers for a 30-minute ride. the driver has now been fired. >>> shifting gears, we always show animals behaving badly. we have two for their criminal activities.

campaign stop in new hampshire on saturday, clinton admitted that she paid state department staffer bryan paglianointain her private email server. that's bad. >> i obviously paid for those services and did so because during a period of time, we continued to need his technical assistance. >> and according the judge, that puts hillary clinton in even hotter water than before. >> it does. and first the political side. i think the democrats are beginning to recognize that she may not be electable. what she admitted on friday is that she paid a state department staffer, who had already received his own briefing on how to maintain and secure classified information to avoid and evade the state department protection of classified information. guess what that's called? that's called a conspiracy to evade the espionage laws. she's unwittingly or wittingly expanded the scope of the investigation. >> and they paid him money and he did not report that he received the money from the clintons and so he's in trouble for that as well. and what kind of trouble is he in? >> he's in a lot of trouble because he a, too

should the camp be worried about bryan pagliano invoking his fifth amendment rights, doesn't that wreak well, there's something to hide here? >> i don't think so. because if you look at the numerous investigations into benghazi, congressional, by the state department, by inspector generals, there's really nothing there. there is no incriminating evidence against the secretary. there were some people that were there at the department that were terminated. but again, i just think that this has gotten so politicized and this young man may feel he doesn't want to be drawn into the public eye. he doesn't want to be photographed. he doesn't want to be in controversy. so that's why he's doing this. that's understandable. >> one thing this underscores the issue of public trust for hillary clinton and senator lindsey graham was with my colleague andrea mitchell in the last hour talking about that, wh the e-mails and clinton trust factor. >> the e-mails is a trust issue. her story about how the e-mails were set up and what happened and didn't happen is not holding water, and the people involved a

. >> good morning to you again a new name appearing bryan paying pleaano, the server hillary clinton used as secretary of state pagliano'sy told house benghazi committee yesterday his client would plead fifth to any and all questions, should he be forced to appear. that committee will hold two other hearings over the next two dasprofg two of clinton's top aides, former chief of staff cheryl mills will of it she just walked in to that hearing moments ago. former deputy chief of staff sullivan will testify tomorrow. they will be deposed behind close doors with questions likely from committee's attorneys as well. the clinton confidants expected to face tough questions about security leading up to september 11, 2012, benghazi attack that killed four americans. including ambassador chris stephens and clinton's private e-mail server mills' name appears more than 2,200 times, in the he e-mails released so far, by the state department, maria when she walked into that hearing moments ago he reporters including our fox people there on the ground, asked her, if she would take the fifth, plead the fifth she did not answer any of tho