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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsDoes anyone know what type of immunity Bryan Pagliano was granted by the DOJ? Thanks in advance
Could you provide a link which states the type he was granted?
I appreciate it.
djean111
(14,255 posts)IMO and all that.
merbex
(3,123 posts)his receiving immunity. I am in a discussion with someone and neither of us knows the type definitively.
It makes a difference.
Else You Are Mad
(3,040 posts)djean111
(14,255 posts)If I was him, I would beg to be put in the Witness Protection Program. But then again, at Clinton levels of influence, that would not be safe, either, I suppose.
I cannot think of another reason to refuse to testify, after being given immunity. I really cannot.
CoffeeCat
(24,411 posts)DOJ granted him immunity. An article, that was released last night says the same thing.
I thought the FBI granted him immunity?
Are the FBI and the DOJ currently coordinating on the investigation? If so, that may signal that the FBI has all ready made their recommendations to the DOJ, and that they are coordinating.
Does anyone know if the immunity granting signals that a grand jury has been convened?
merbex
(3,123 posts)states the type Bryan Pagliano has received and given by the DOJ.
And it is only given by the DOJ.
CoffeeCat
(24,411 posts)merbex
(3,123 posts)about even that.
I am stymied. I could link to a dozen articles that contradict each other.
leveymg
(36,418 posts)Types of immunity
There are two types of immunity. "Transactional immunity" is broad: a witness with transactional immunity cannot be prosecuted for the underlying offense, CPL 210.30(1)(d), (4), though the witness can be prosecuted for perjury.
In contrast, "use" immunity is narrower: statements by the witness may not be used against the person, but the prosecution does not agree that it will never prosecute. The person may be prosecuted upon independent and untainted evidence. See 34 NY Jur 2d, Criminal Law: Procedure, § 2383.
While the FBI may make informal promises to obtain witness cooperation, such as arranging a deal with prosecutors, as far as I know they can't offer actual immunity from prosecution. Law enforcement and prosecutors have limited, separate and defined powers.
Here's a CNN report that the FBI and DOJ offered immunity. If accurate, this indicates that DOJ is offering a deal and is already involved in the investigation. However, as to whether there is a Grand Jury already convened, I am not sure that is necessarily the case.
http://www.cnn.com/2016/03/02/politics/hillary-clinton-email-server-justice-department/
Washington (CNN)Bryan Pagliano, a former Hillary Clinton staffer who helped set up her private email server, has accepted an immunity offer from the FBI and the Justice Department to provide an interview to investigators, a U.S. law enforcement official told CNN Wednesday.