(NationalSentinel) The subject of former Secretary of State Hillary Clinton’s missing emails is once again in the news after Rep. Jason Chaffetz, R-Utah, chairman of the House Oversight and Government Reform Committee sent a letter to U.S. Attorney General Jeff Sessions requesting prosecution of her IT specialist.

In his letter, Chaffetz said that he believes that Bryan Pagliano is prosecutable under 2 United States Code subsection 192 “for failing to appear” after being subpoenaed by the committee for a Sept. 22, 2016 hearing.

Pagliano failed to appear twice; after the second failure, the committee voted to hold him in contempt. The Obama Justice Department failed to act on the subpoena or the charge of contempt, as the FBI was investigating Clinton’s illegal use of a private email server during her tenure at the nation’s top diplomat to send and receive highly classified communications.

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“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,” Chaffetz says.  His etter 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.”

Thousands of emails that Clinton sent and received have never been recovered by federal investigators.

“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,” said a statement by the Oversight Committee.

His attorney, Mark MacDougall, said his client failed to appear because he was only going to plead the Fifth Amendment’s right against self-incrimination. Chaffetz said that Pagliano would nevertheless have to do so in person.

He did appear to give testimony in a lawsuit brought by legal watchdog group Judicial Watch, but reportedly involved the Fifth about 125 times.

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