Chaffetz’ letter to AG Sessions reads in part, "Because Pagliano’s job functions included supporting mobile computing issues across the Department, he was uniquely positioned to answer questions regarding State Department policies and practices for preserving records, as well as the technological procedures utilized to do so." The letter concludes, "In light of Pagliano’s contumacious conduct in refusing to testify, the Department should bring the matter before a grand jury for its action or file an information charging Pagliano with violating 2 U.S.C. § 192."
In a statement released by the committee, Chaffetz says, "The authority to compel witnesses is integral to Congress’s and the Committee’s investigative powers. Allowing Mr. Pagliano’s conduct to go unaddressed would gravely harm Congress’s ability to conduct oversight."
Pagliano was the person responsible for managing Hillary Clinton’s private email server. He worked for Clinton at the State Department while she was Secretary of State but also maintained her homebrew server in his off hours.
Pagliano was subpoenaed to appear before the House Oversight Committee twice last September. Mark MacDougall, Pagliano’s attorney, argued his client should not have to appear since he would only be invoking his 5th Amendment right not to testify. Chaffetz insisted he would need to do so in person.