DECEMBER 11, 2015

WASHINGTON - In a letter sent today to Secretary of State John Kerry, Senate Judiciary Committee Chairman Chuck Grassley wrote that cooperation from the State Department had increased, but the committee's highest priority request remained unanswered.

Grassley said that the committee's top priority, a request regarding Bryan Pagliano's emails, had not been fulfilled.  Pagliano worked at the department as an information technology specialist but was concurrently paid by the former Secretary of State to maintain the personal server at her home while he was a State Department employee.  He may have unique information regarding Clinton's personal server, its set-up, whether it was subject to Freedom of Information Act requests, and if it was appropriately configured and secured considering the highly sensitive information running through it.  He asserted his Fifth Amendment right against self-incrimination rather than speak to the committee.  Grassley is seeking copies of his official State Department emails relevant to the committee's inquiry before considering whether it might be appropriate to grant him immunity and compel his testimony.

According to State Department officials, the department cannot locate any copy or backup of Pagliano's official emails, except the limited number they are able to retrieve from other department employee email files.  The retrieval is also apparently hampered by the fact that the FBI has possession of Pagliano's State Department computer.

Grassley reiterated his request on Pagliano's emails because it is the highest priority that has yet to be fulfilled.  Out of a prioritized list of 22 requests pulled from letters to the department, the committee has received seven fully complete responses, including three witness interviews, and nine partially complete responses.  Grassley wrote that assuming the committee receives the additional items promised by State Department staff in a recent meeting, he intends to take action to recognize this progress before Congress adjourns for the year.

A copy of the letter can be found here.

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