On Tuesday morning, Judge Emmet G. Sullivan ruled Bryan Pagliano‘s immunity agreement with the federal government will be sealed. The decision is part of an ongoing lawsuit filed by conservative watchdog group Judicial Watch. Interestingly, the judge also made reference that the probe into Clinton’s email server was a “criminal investigation.”

“In the Court’s opinion, the need for public access to Mr. Pagliano’s agreement with the government is minimal,” Emmet wrote. “Mr. Pagliano’s immunity agreement has not previously been disclosed. Mr. Pagliano and the government object to disclosure of the immunity agreement. Indeed, the privacy interests at stake are high because the government’s criminal investigation through which Mr. Pagliano received limited immunity is ongoing and confidential.”

Pagliano is widely believed to be the one who set up and maintained Clinton’s private email server. He struck a deal with the feds that he would receive limited use immunity in exchange for giving testimony to aid them in an ongoing investigation into Clinton’s private email server.

The judge denied Pagliano’s motion to prevent his deposition from being videotaped, but said the video will remain under seal “until further order of the Court.’ His deposition had been postponed.