bryan pagliano. the chairman awarded this in secret. and they have any regency going on here. secret. no consultation. no vote. secret emergency. this is the definition of abuse. and i believe they are unethical. and echo the passion of mr. lynch's spoken on this subject. and then try to force bryan pagliano with very serious constitutional concerns and should not be placed in any position to vote for resolution that subjects them or their staff. the american bar association and of which i have been a member of since 1976 that prohibit attorneys to take actions to embarrass or to berger and private citizens. in his professional misconduct. to warn that no attorney should be compelled to appear in a congressional hearing when is known ended chance that no information will be obtained in the sole effect of the summons is exactly what we have a year. although republicans try to argue bryan pagliano had immunity we had the opportunity to confirm that. budget is already dead ruled that he can continue to research privileges which he has done. what exposes the committees of uses for

bryan pagliano. mr. iano had worked for secretary clinton's 2008 presidential campaign and was in the process of closing out the campaign's i.t. assets when mr. cooper called to discuss a new server for the secretary. to put that new server together, mr. pagliano used one from her campaign. anything else he needed was evidently bought off the shelf. then in march of 2009 mr. pagliano and mr. cooper met in the clinton's home in chappaqua, new york, and installed the new server reportedly in the basement. unlike mr. cooper, mr. pagliano went on to become a state department employee. just a few months after installing the server, mr. pagliano was hired at the state department as fs-15, schedule c. public reports suggest mr. pagliano received a state department check and was paid by the clintons, none of which he reported on his public disclosure forms as required. a recent office of inspector general report, mr. pagliano's super survivors at the state department quote, questioned whether he could support a p

bryan pagliano helped set up clinton's home server.tter now goes the "full house" for a vote. >>> and now to a fox business alert. yahoo! confirming a massive hack information stolen from 500 million people. here's what you need to know to keep your information safe. good morning. >> reporter: good morning. yahoo! confirming that state sponsored hackers broke into its network in late 2014, stealing personal data of more than 500 million users. yahoo! says it doesn't believe bank account or credit card information was stolen. if they did know in 2014 and didn't tell consumers could it hurt its merger with verizon. you may need to still change your password even if you don't have a yahoo! account. it affects online shopping and fantasy football. new service called hellovote is helping people to register to vote. text 384387 and it will ask for your name and address, date of birth and information. citizens eligible to vote are not registered. >>> airlines rake it in $40.5 billion in fees last year for things like bags, on board meals and

bryan pagliano declined to appear in front of the oversight panel last week despite two subpoenas ordering him to. pagliano had struck an immunity agreement with the justice department during the fbi's investigation into clinton's server. but democrats say the agreement is limited and does not protect him before the committee. an military confirms isis militants targeted a military base in iraq with a potentially deadly chemical weapon. it happened tuesday at an airbase in mosul recently retaken from the islamic state. officials suspect the shell contained a sulfur-mustard blister agent. no one was killed or hurt but several troops were just hundreds of yards from where the shell landed. heather: you heard it first from 5 investigates. now, braintree's mayor is confirming police chief russell month after more than 30 years with the department. as 5 investigates first reported guns, drugs, and cash are missing from the evidence room. several criminal cases have already been dropped because evidence was missing or compromised. today, we received this statement from norfolk district attorney

the house's investigative committee voted to hold bryan pagliano in contempt of congress. pagliano has now refused to appear at two separate congressional committees -- even after being served by u.s. it's unclear if anything will come of it. it's your voice, your vote in the race for the white house. we're just days away from the first one on one presidential debate between donald trump and hillary clinton. a-b-c's stephanie ramos has the latest from the campaign trail as the candidates prepare to face-off. nats: trump "you all like me so much" donald trump taking the stage at an energy conference today. its his first stop as he spends a jam packed day in pennsyvlania. nats: "you are going to l but before talking energy?.trump addressing the protests in north carolina after recent police shootings.. sot trump "drugs are a very big factor in what you're watching on television at night "we have a wounded country" this just a day after trump took some heat from the country's largest police union comments about the officer who shot an unarmed black man in tulsa. sot trump: "s

workers who had to do with secretary of state's private email server including bryan pagliano who sete server. jason chaffetz telling "america's newsroom" there are a lot of unanswered questions. >> this is one of the largest breaches of security in the history of the state department. we have literally tens of thousands of federal records still in question. some are so sensitive in nature, so classified, people can die if people were to read this, adversaries. so we want to know why after preservation orders, after subpoena, these documents were destroyed. who directed them? trey gowdy talks about the triggerman that did use the bleachbit and smashing blackberries. these are more private, low-level folks who took direction from somebody. melissa: so, harris, bryan pagliano had something so interesting and so valuable to say he was given all this immunity. we never heard what that was. harris: he pleaded the fifth i think 125 times in a couple of meetings. my, you know, big question in all of this is, and i, we know jason chaffetz, the congressman, has sat right where you're sitting t

cheryl mills contacted bryan pagliano, the guy that set up the server to try to wipe her server clean after the committee was already in session. why immunize both mills and pagliano when they may have been guilty of obstruction of justice? >> that's correct. and then why would cheryl mills, a top advisor, chief former, chief of staff to secretary clinton and an attorney, be admitted into the room when the fbi interviewed secretary clinton, when she is a witness who has been given immunity, gets to sit there and listen to, maybe even influence the testimony of secretary clinton. david: we're asking all the questions means we have not gotten the answers we wanted from the fbi director. and in fact one big question that darrell issa, your colleague, put to the fbi director. and why this broad immunity. director comey didn't answer truthfully or full knowledge. let ace listen. >> i don't think anybody was given transactional immunity. >> oh really? you gave immunity from destruction for both attorneys, not just turning documents over, specifically destruction. david: so, comey's answer w

we know bryan pagliano who set up the server in chappaqua.ow we know the other guy who worked at platt river networks outside of the united states government. he also got immunity. what's up with that? >> it depends on what kinds of immunity he got. there is use immunity and transactional i minity. if the f.b.i. and department of justice gave this witness transactional immunity it's tantamount to giving the triggerman immunity in a robbery case. the same reporter who broke the story is the guy who broke the initial email story. but it looks like they gave i minity to the very -- they gave immunity is the very person you would want to prosecute, the person who destroyed emails after there was a subpoena and prosecution order. martha: this is the platt river individual who said he didn't recall deleting anything. then in may he comes back and he says i did delete them. he said i was told in 2014 that i should delete a whole bunch of stuff off the clinton server that we had residency on. and i forgot to do it. then i deleted it all. and it turns

bryan pagliano will be given one more opportunity to come up.he wants to plead the fifth he can. but supposedly he has an immunity. so why isn't he singing the bird and why are all these people engulfed in this pleading the fifth. bill: if he does not show up i believe the law requires you to go to a judge. >> we have to vote in a committee, then on the floor of the house. there are options in front of the committee and the house of representees and we'll look at those options. bill: ago landio ignored the subpoena. if he shows up and takes the fifth, you run into another wall. i'm trying to figure out how you get other side of the wall if that's even possible? >> it starts with first the f.b.i. releasing to the public the unclassified version of their investigation. they put out a portion of it. we are all grateful for that. but it was only a start. why not put out all the information. it's unclassified it's a closed case. why not allow congress to look at the personal identifiable information. bill: why do you think the f.b.i. is not gig you w

then there's bryan pagliano, the i.t. specialist who worked on secretary clinton's e-mail system mr. pagliano has already been interviewed by the fbi. the fbi provided us the results of his interview. but the republicans disagree with the fbi's conclusions, so here we are. mr. pagliano has already asserted his fifth amendment right before congress. he did this when chairman gowdy issued his own unilateral subpoena to force him to appear before the benghazi committee on the same issue. of cour of course i sat as a ranking member on that committee. obviously mr. pagliano was concerned about the criminal accusations republicans were making, so his attorney advised him to assert the fifth amendment. there's no legitimate reason for republicans to force mr. pagliano to appear yet again before congress just to assert his fifth amendment rights one more time. how many times will republicans do this? will they force them to take the fifth in front of the science committee next? how about the homeland security intelligence committe

then there's bryan pagliano, the i.t. specialist who worked on secretary clinton's e-mail system. mr. pagliano has already been interviewed by the fbi. the fbi provided us the results of his interview. but the republicans disagree with the fbi's conclusions, so here we are. mr. pagliano has already asserted his fifth amendment rights before this congress. he did this when chairman gowdy issued his own unilateral subpoena to force him to appear before the benghazi committee on the same issue. of course i sat as a ranking member on that select committee. obviously, mr. pagliano was concerned about the criminal accusations republicans were making, so his attorney advised him to assert the fifth amendment. there's no legitimate reason for republicans to force mr. pagliano to appear yet again before congress just to assert his fifth amendment rights one more time. how many times will republicans do this? will they force him to take the fifth in front of the science committee next? how about the homeland security or intelligence committee? should we have them go to those committees, too?

bryan pagliano said he would not testify. republicans approved a resolution recommending mr. pagliano be held in contempt of congress. >> government reform will reconvene. this is a continuation of our september 13th hearing on the examining of the preservation of the state department federal records. scheduled to have mr. pagliano attend this hearing. due to his absence and his violation duly issued subpoena on oversight reform, we intend to adjourn it and have a business meeting for resolution and report holding mr. pagliano in contempt of congress. mr. cummings, do you have a statement? >> i have a statement. >> sure. >> let me just say this. this is certainly no surprise to anyone. mr. pagliano's attorney told us last week he wouldn't be here. they told us it would be an abuse to force him to appear for a second time. they sent us another letter last night saying exactly the same thing. let me read from a portion of the letter so there's no question about what is going on here. i quote, we have corresponded extensively with you and the committee over the past two weeks on

secretary of state is holding a former agent contenti they approved a contempt resolution fore bryan pagliano he set up private e-mail server, is refused to comply with two subpoenas ordering him to committee is only holding the hearings to disgrace her before the election. menace or 60 years for killing his first wife is charged with murder again, dearborn heights michigan polic say that gregory greenen killed his two children and two stepchildren , attacked his wif they children died of co2 poisoning his stepchildren were both shot, his wife were shot but survived, he met his wife i 2010, two years time for killing his first wife in 1991.vi >> maybe one of the largest cyber security breaches, yahoo says data associated with at least 500 million user accounts has been stolen, the company says it believes an individual acting on behalf of the government was behind the data breach, yahoo says affirmation may include names, e-mail addresses phone numbers, dates of birth passwords and security believed to have occurred in late 2014. >> of action not the only brown suffering from injuries. >> a f

bill: so, the fbi goes to bryan pagliano. >> that is the i.t.t up the server in her house. bill: he is at the heart of all this why would you even suggest immunity for him? if you're trying to figure out what happened and when and where who gave the order? >> this is why it is so inexplicable. i can't get my hands around this federal judges are only suppose to give immunity to induce testimony before a grand jury or trial jury. there was no grand jury in this case. the fbi didn't present a single piece of evidence to a grand jury. they didn't get a a grand jury. they didn't get a search warrant from a judge. what was the purpose of the so-called immunity. that is what i would ask director comey. they will call him back. bill: who gave it? >> we don't know who, what form it was given. bill: where did it come from? >> right. these are questions the public wants to know answers to. will we get answers before election day? who knows. bill: hearing 10 days from now. we'll be watching for sure. martha. martha: getting to the bottom of what happened in

house republicans decide if bryan pagliano acted in contempt of congress... until after the election. the house oversight committee already approved that resolution last week... but congress is wrapping up other planned votes now instead... so lawmakers can leave washington later this week... and return to the campaign trail ahead of november 8th. developing overnight... police shoot and kill a pennsylvania man who they say went on a stabbing spree. angelica's following that story and more from "across america." police say the man was "on a rampage" ... and apparently stabbed two kids and attacked several other year old and 13 year old from a home in west philadelphia... to a hospital in critical condition. police believe the man responsible was the eight-year-old's father -- a man in his thirties. he's also accused of slashing a 70-year- old woman in the face, attacking a 42- year-old woman, and assaulting a 15- year-old -- who is believed to be his daughter. police spotted him somewhere else in philadelphia... and opened fire during a confrontation. he late

specialist bryan pagliano. and edgar samuelson who decided what was government business and what could be destroyed. and paul combetta from platte river networks. the clinton campaign released a lengthy statement accusing congressional republicans of overblowing the issue. it came after three aids had already given full interviews to the investigators. today a federal judge announced the majority of emails recovered by the f.b.i. vest nation won't be released until after the election. charles: it turns out there are more emails apparently the state department found an astonishing number hillary clinton hadn't turned over? >> i have a few of them. these are new documents released today by the f.b.i. at 5:30 on a friday afternoon. that's a time slot traditionally reserved for when you want to bury bad news. it's 200 panels of f.b.i. interview summaries. some of them are heavily redacted. we asked the f.b.i. who authorized the release on a friday and he said they were made public when they were posted on the web.

bryan pagliano and lois lerks rner.this were a republican administration, this would be a scandal. >> the left is only one-half of the equation. what does it say about washington that this is at play? this is my question. >> i'm with you 100%. in washington,. lou: you are bringing us up to date on your radio show tonight? are you kidding me? >> this is not the first type i thought it, that's all. lou: no fresh thought from chris plante today. this is from his radio show two days ago. >> a lie is as good as the truth in washington as long as you can get away with it. lou: we are talking about the clinton cartel and the obama administration in every department has politicized it. we are talking about corruption that extends to both parties through the establishment. through the chamber of commerce and the business round table. the afl-cio, wall street, big donors. and the truth matter is, if we didn't have donald trump to put it plainly, this country would be in a world of hurt. we are hurting. but the fact is we have got

if they are not, bryan pagliano cloak of the fifth amendment over them or pleading the fifth i shouldn conceivably there could be a leak somewhere. i'm shocked there hasn't been. that there is this kind of loyalty. i don't know, is there another word for it? kennedy: fear. very good. stunning new revelations about the $400 million sent to iran just as american hostages were released. two new loads of cash we're learning about now. whether that proves it was in fact ransom. ♪ hmmmmmm..... hmmmmm... [ "dreams" by beck ] hmmmmm... the turbocharged dream machine. the volkswagen golf gti. named one of car and driver's 10best, 10 years in a row. i'm terhe is.at golf. but i'd like to keep being terrible at golf for as long as i can. new patented ensure enlive has hmb plus 20 grams of protein to help rebuild muscle. for the strength and energy to do what you love. new ensure enlive. always be you. siriusxm's free listening event that's might be over,ckin'. but now you can turn us back on with packages starting at $5.99 a month, plus fees. just call 855-874-7743 to keep hearing all the things

bryan pagliano got immunity from the justice department. pagliano was a no-show and now faces legal consequences. >> wet you are served with a subpoena from the united states congress, it's not optional. if anybody thinks i'm going to let go of this, they are very ill advised. >> there is no legitimate reason for republicans to force mr. pagliano to appear again before congress just to he hurt is fifth amendment rights one more time. this is absolute abuse of authority. reporter: the panel did hear from justin cooper who used a hammer to smash two of hillary clinton's blackberries. >> it's not to destroy or hide any information at all. i was going out of my way to preserve all of the information on those devices. reporter: cooper had unlimited access to the clinton's server. >> did you have a security clearance at that time? >> no, i did not have a security clearance. reporter: the republican committee chairman served a meana on the f.b.i. demanding the entire f.b.i. clinton investigative files. the files sent to congress are heavily redact

that's why you never heard me calling for giving bryan pagliano immunity.ter be right who the trigger person is, better be right who the culprit is if you give transactional immunity. if that's what they, did they immunized the one person you most want to prosecute for the destruction of government records. it is frankly stunning! >> to the watchdogs who sued the government for hillary's e-mails, judicial watch president tom fitton. what do you make of the fact that the justice department has given, his name is paul cambeta. he oversaw the clinton server. he has immunity. what does this mean? >> i don't understand what type of immunity has. my understanding is the justice department doesn't give immunity from prosecution in the sense that you get out of jail free card because you talked to the government. typically, you tell the government what information you have and the government makes no promises. they will highlight your cooperation in case any prosecution occurs. they won't use what you say against them -- against you necessarily, but they could use

. >> we're not talking about bryan pagliano, the original security expert for hillary clinton that was granted immunity. this is another one, and an example that the story is getting bigger. >> we don't know, sarah, what they got out of him but it doesn't seem like they got very much. the question now is whether the security people involved in these erasures can be brought forward to tell not so much how they did it but who told them to do it and under what circumstances and whether indeed this can be traced back to mrs. clinton herself. it seems strange that something this important could be carried out without her expressing her wish for it to be done. >> this poll shows a staggering number of people, 62% of registered voters, agreed with the statement that her use of the server is an important indicator of her character and ability to serve as president. and that number, i should point out, has risen steadily from a year ago. you're looking at 62 % there. it was at 46% back in march. you can't make the case anymore, right, brit, that this isn't weighing on her? >> and one reason why

liz: former clinton aide and computer specialist bryan pagliano a no-show on the house hearing on clinton'spagliano was served a subpoena to appear before the house oversight committee. he didn't. his attorney said -- with me now, judicial watch attorney michael, you know, jason chaffetz says it is not political, he's talking about national security. what do you make of that? >> astonishing mr. pagliano would not attend the hearing today. the house committee issued a subpoena, it was not optional. when mr. pagliano came to testify for judicial watch, he asserted fifth amendment right 125 times, he still appeared and went through the process. the fact that team clinton has no respect to congress is astonishing and should be a big disappointment to the public. liz: set this up for the viewer, 2100 e-mails were deemed classified after the fact. at the time it was 110, the fbi says 2100. 22 were top secret. longtime clinton aide justin cooper with the clinton foundation, the clinton global initiative, he testified today. he's the one who handle clinton's server in its earliest days, watch. >> d

bryan pagliano, one of the two who set up that private e-mail server did not show up even though served with a subpoena prompting a bitter back and forth between the republicans and the democrats on that committee about whether or not he should have showed up to the hearing. another man, justin cooper, a former bill clinton aide who helped set up that private e-mail server was asked a bunch of questions about what he knew about setting up this server. he said he was not a technical expert. so didn't get into a lot of details for these members, but also saying that he did not have a security clearance while he set up this server. so this is going to just add fuel to the fire of that debate over clinton's e-mail server and republicans will go after mr. pagliano for not showing up at today's hearing, wolf. >> this investigation will go on and on and on, i suspect even if hillary clinton is electsed in november, the investigations on the hill will continue to go forward. manu, thanks very much. manu raju reporting from capitol hill. >>> coming up, hillary clinton once again calling on donal

strategist, bryan pagliano was also given immunity. brian fallon says quote, as fbi notes, neither hillary clinton nor her attorneys had knowledge of the platte river employees actions. it appears he acted on his own and against guidance given by both clinton and platte river attorneys to retain all data with congressional preservation request. juan, how foolish if you had to be working at i.t. facility like this to go completely rogue, knowing there is a congressional order and a subpoena for these emails to be preserved and you go ahead and not only delete them, but you send them through a program that digitally shreds them so they are in essence irretrievable? only a person with professional death wish or someone wants to be incarcerated would do that of their own volition. >> key thing is, did know? remember essentially what justice department did, we're not after him. what we're interested is hillary clinton. we want to know if she was up to some tricks here. so we'll grant him immunity. that has come back to bite them arguably. i

harris: bryan pagliano. >> you're sitting there, saying this is circus. this is a joke. this isn't america. and i mean it has to cross lines. at some point we have to be partisan enough in this country we say, this is evasion of justice. this is, this is bad stuff. this is really bad stuff. she was secretary of state. she deleted 15,000 emails after congress said you're not allowed to delete emails. preserve emails. i don't know, i look at my generation i'm kind of right on border being millenial but there is no one in my generation wants to go into politics. no one i know. this is the reason why. this is the reason why. we have so little faith in our politicians and again this is the reason why. harris: i'm curious behind the scenes with the campaign, obviously the whole country said one way or the other, if email scandal matters to them but the trustworthiness factor has been an issue. i'm curious behind the scenes something talked about. is it email server. how exactly are you categorizing the news? >> it is everything. server within a bathroom in somebody's home. thi

guru, bryan pagliano, did not show up. he took the fifth before you know, many, times. men showed up including two technology employees from firms where the emails were deled despite orders to preserve them for congress. they both took the fifth. >> mr. combatta, do you intend to make opening statement? >> on advice of counsel i respectfully decline to answer and assert my fifth amendment privilege. >> mr. thornton, do you intend to make an opening statement? >> on the advice of counsel i respectfully decline to answer and assert my fifth amendment constitutional privilege. harris: pleading the fifth. the only one willing to talk, bill clinton's long time aide, justin cooper. he is the guy who took a hammer to hillary's blackberry and helped set up the computer at home but apparently did not have security clearance. watch this. >> did you have security clearance at that time? >> no, i did not have security clearance. >> after you left the white house early -- when did you you leave the white house. >> 2001. >> 2001. did you ever have a security clearance at any level af

chaffetz to the resolution that the house of representatives find bryan pagliano in contempt. mr. chaffetz: i now recognize myself for five minutes. today the committee will are consider a resolution an report recommending brian pagliano be held in contempt of the house of representatives. subpoenas are not optional. mr. paglian sombings a crucial fact witness in this committee's investigation in former secretary of state hillary clinton's use of an unsecured server. this is of deep concern to the committee and we have jurisdiction over federal records, we have jurisdiction over national archives, we have jurisdiction in several places. over the course of the investigation, we have learned some of the information about mr. pagliano's involvement. mr. pagliano originally worked for secretary clinton as an i.t. specialist. as he was closing out her campaign's computer equipment he received a call from justin cooper who testified before the committee last week. it was mr. cooper who requested mr. pagliano build a server for ms. clinton in early 2009 as she started her new job as secre

staffer bryan pagliano got as well.agliano was a know-show at today's hearing. >> when you are served a subpoena by the united states congress that is not optional. that is not a optional activity and he is not here today. reporter: the panel heard from justin cooper. he is long time aide for bill clinton. he is the one according to the fbi file that he destroyed two of hillary clinton's blackberries. >> did you have a security clearance at that time? >> no, i did not have a security clearance. >> after you left the white house early in, when did you leave the white house? 2001. >> 2001. did you ever have a security clearance at any level after that? >> no, i did not have a security clearance. reporter: for context under normal circumstances when you have classified material and you have a party who doesn't have a adequate security clearance to have access to that material, both parties would face some kind of a criminal prosecution and just to follow up, cooper did tell the committee, that when he destroyed that blackb

we knew bryan pagliano took the fifth last year, he's the guy who set up her server situation, who worked for the state department. we now have a guy on the other side of the equation who worked for platte river networks who also took the fifth. we don't know his name, it was redacted, but he asserted the privilege as well, would not answer the question about the conference call with clinton's legal team, did he destroy the documents. he wouldn't answer that question. two people directly tied to this e-mail server situation who have taken the fifth, one for the government and one for platte river networks. i think that's telling as well. >> how are you going to move through this process? what's your next step? do you think you'll get anywhere? >> we need to know who this guy is from platte river networks. when he assume he asserted his fifth amendment privilege, we don't know. we need to know who he is, maybe he'll assert some privilege again, maybe his fifth amendment privilege in front of us, but we need to bring him in front of the committee. >> i keep going back to the fact, in rememb

it's interesting because we know bryan pagliano was given the same deal, the guy who put in the privatel mills has come up many a number of these e-mails, and a lot of these questions were how much -- where did the line from the state department cross into the clinton foundation, if you remember, and the whole pay-for-play scandal. stuart now, i don't know the meaning of the granting of immunity. i don't understand that, i don't know what that means legally, but it is a development in the e-mail -- >> to me, i always thought it was self-incrimination, that she'll be willing to talk to authorities, but you're not going to come after me. >> and then bryan pagliano, who had immunity, didn't testify before congress. stuart: true. >> he didn't show up. stuart: i wonder if we'll get a full answer to the e-mail scandal before the election. i still don't think we will, but maybe this is an incremental move, tweel see. >>> in a moment, we're going to discuss bringing coal jobs back to america. reason to this. >> hillary clinton wants to put the coal miners out of work, ban hydraulic fracking in

bryan pagliano. is he going to have to testify about the email server and what he knows? he set it up at her home in chappaqua. bill: we are learning new details about the suspected new york city bomber. who might have inspired him? who helped him. but first here is the house homeland security chair mike mccaul. >> it's clear from this journal that mr. rahami was receiving inspiration from the isis folks hey, jesse. who are you? i'm vern, the orange money retirement rabbit from voya. orange money represents the money you put away for retirement. over time, your money could multiply. hello, all of you. get organized at voya.com. bill: republicans in the house are waiting to see if a clinton employee will show up to testify. he is a no-show the committee will likely move to hold number contempt of congress. martha: back to the rahami case. investigators are looking for evidence in the bombing that happened in new york and the explosives in new jersey as well. these two people found on surveillance video are two individuals the f.b.i. have much would like to track down and s

he invited bryan pagliano to appear, he has not appeared.n in they're going at each other. >> saying that our committee might go into a session to accept his fifth amendment. >> i did not say that. >> what did you say? >> i want this committee to be open and transparent. we do things as everything we can possibly do out in the open. that is the american way. that's the way this committee is going to be run. >> gentleman yield. >> my understanding that mr. pagliano is -- lawyer sent a letter saying that they felt that this was abusive process. and nothing but to embarrass him and he said that if he wanted to go into -- [inaudible] i want the committee to have the full breath of what happened here. he said he would be happy to appear. and so is there -- so i take it that consultation that you're going to do is going to go into whether or not o we're going to give immunity or executive session, and when might we expect that decision? >> well, he made the decision not to be here, and there are consequences for that. again, the integrity of the h

was it just this five people who have immunity, including bryan pagliano, who is told by cheryl mills >> the date of the immunity agreements, which are pretty late in the investigation, that was something some of us prosecutors took note of. quite frankly, the fact that the fbi and the "f" stands for if fidelity, bravery, then integrity. no one is going to release documents in a case important to a lot of people. i expect that of the state department. i do not expect that of the fbi. if he wants to say we're doing this straight by the book, it's your typical friday afternoon dump before you're coming next week. i expect much better of the fbi. >> and that's the same cheryl mills that stormed out of the fbi interview, correct? and was never asked those questions that got her angry enough to leave. >> right. she stormed out because her lawyer, who used to work for the department of justice, by the way, and the doj lawyers had an agreement about what she would and would not be asked. the fbi was apparently not part of that deal. so they, god forbid, ask a question that went into an area

and last week bryan pagliano refused simply to show up. and the justice department isn't doing anything. so our bag of tricks is getting kind of shallow. and impeachment is in there. and i think one of the reasons we're pulling it out is that the justice department and the obama administration are failing to cooperate with congress. the justice department rather than being the people's lawyer are turning out to be the administration lawyers. and you may be the victim of this. i mean, don't -- how well -- do you have any suggestions on how we should get more cooperation from people before this committee, the oversight committee and the rest of congress? >> well, whatever the oversight committee is doing, they take -- they have noted on their website or at least it was until recently on their website 20 executives in the government that they thought should be removed or leave. they had big pictures and big red xs through 18 of them. so they've been successful 90% of the time. i'm one of the two that they have not thus far been able to get. >

chaffetz to the resolution that the house of representatives find bryan pagliano in contempt. mr. chaffetz: i now recognize myself for five minutes. today the committee will are consider a resolution an report recommending brian pagliano be held in con tevert of the house of representatives. subpoenas are not optional. mr. paglian sombings a crucial fact witness in this committee's investigation in former secretary of state hillary clinton's use of an unsecured serber. this is of deep concern to the committee and we have jurisdiction over federal records, we have jurisdiction over national archives, we have jurisdiction in several places. over the course of the investigation, we have learned some of the information about mr. pagliano's involvement. mr. pagliano originally worked for secretary clinton as an i.t. specialist. as he was closing out her campaign's computer equipment he received a call from justin cooper who testified before the committee last week. it was mr. cooper who requested mr. pagliano build a server for ms. clinton in early 2009 as she started her new job as sec