The judge demanded that Pagliano’s attorneys file a brief “addressing the legal authority upon which Mr. Pagliano relies to assert his Fifth Amendment rights in this civil proceeding.” Pagliano was set to be deposed in a separate civil FOIA lawsuit filed by the conservative watchdog group, Judicial Watch. In court paperwork filed Friday, Pagliano’s attorney said that he “will assert the Fifth Amendment and will decline to answer each and every question.” Pagliano’s lawyers also requested an order preventing the group from videotaping him asserting his Fifth Amendment rights.
“The very existence of an audiovisual recording presents a risk that the video will eventually be exploited to create a widely broadcast public inference of guilt,” Pagliano’s attorneys wrote in a court filing. Pagliano also feared that such a recording could have a “potential tainting effect on the jury pool in a potential government enforcement action.”
Before making a decision, the judge demanded to know more about Pagliano’s alleged immunity deal with the feds. Pagliano must respond to the judge’s request by Tuesday. Stay with LawNewz.com for developments on this story.