Gowdy wants Pagliano to appear before the Benghazi Committee for a closed interview next Thursday, and to provide documents “related to the servers or systems” operated and owned by Clinton, according to the letter from Pagliano’s attorneys to Gowdy.
“While we understand that Mr. Pagliano’s response to this subpoena may be controversial in the current political environment, we hope that members of the Select Committee will respect our client’s right to invoke the protections of the Constitution,” Pagliano’s attorneys wrote. “For these reasons, we respectfully request that the Select Committee excuse Mr. Pagliano from personally appearing on Sept. 10, 2015.”
“Mr. Pagliano’s legal counsel told the committee on Tuesday that he would plead the 5th to any and all questions if he were compelled to testify,” a Senate Judiciary Committee spokesperson wrote in a statement.
The news of the subpoena and Pagliano's response, first reported by the Washington Post, came before the Benghazi Committee's closed-door interview of Cheryl Mills, a Clinton adviser who served as her chief-of-staff at the State Department.
Heading into the closed hearing this morning, Gowdy said he had no response to the letter, and did not say whether he would excuse Pagliano from testifying.
“I don't [have any reaction]. You'll have to ask his attorney that question,” he said. “I know that in the past why people have invoked their Fifth Amendment privilege, but you'll have to ask him what he did.”
Pagliano's decision was disappointing to the Clinton campaign, which had hoped he would testify about his IT work for the former secretary of state.
Clinton "has made every effort to answer questions and be as helpful as possible, and has encouraged her aides, current and former, to do the same, including Bryan Pagliano," a campaign aide wrote in an email.
His attorney, Mark MacDougall, did not return a request for comment.
Clinton will testify publicly before the Benghazi Committee Oct. 22.