The man believed to have set up and maintained Hillary Clinton's private email server will assert his Fifth Amendment rights against self-incrimination and refuse to answer questions as part of an open records lawsuit against the State Department,
The Hill newspaper reported on Wednesday.
Bryan Pagliano will decline to answer questions from Judicial Watch, the conservative legal watchdog group, during a deposition scheduled for Monday, his lawyers wrote in a court filing on Wednesday afternoon, according to The Hill.
Judicial Watch, which has filed a Freedom of Information Act lawsuit seeking information about Clinton's use of a private server for State Department business, declined Pagliano's lawyers' request to drop its subpoena.
Pagliano's lawyers also asked the judge in the case that no audiovisual recording be made of his appearance since he will not be testifying anyway. Judicial Watch also has not agreed to that request.
"Given the constitutional implications, the absence of any proper purpose for video recording the deposition, and the considerable risk of abuse, the court should preclude Judicial Watch …. from creating an audiovisual recording of Mr. Pagliano’s deposition," his lawyers wrote, adding that videotaped depositions "pose a serious danger to deponents invoking the Fifth Amendment" since the video can produce a "soundbite" to be used by opponents.
U.S. District Court Judge Emmet Sullivan ruled last week that videotaped depositions of Clinton's aides cannot be released to the public since written transcripts are adequate to serve the public interest.
Judicial Watch released a transcript this week of former chief of staff Cheryl Mills' testimony. Mills testified she never saw Pagliano talking to Clinton or any of her top aides.
Pagliano has been granted immunity from prosecution in an FBI probe of Clinton's email use.
Thomson/Reuters contributed to this report.