Lawyers for the Justice Department are fighting disclosing an immunity deal made with a former Hilary Clinton aide. | AP Photo DOJ asks to keep secret Clinton aide's immunity deal Lawyers for the Justice Department say the deal's disclosure could hurt FBI probe into Clinton's private email server.

Lawyers for the Justice Department are fighting the disclosure of an immunity deal the government reached with Bryan Pagliano, a former technology adviser to Hillary Clinton.

The DOJ lawyers submitted a motion to U.S. District Court Judge Emmet Sullivan on Friday, arguing that such a disclosure could hurt the FBI probe into Clinton’s private email server.


The filing argues that the judge can use his “inherent discretion” to keep under wraps the immunity agreement, if the court demands to view it as part of a Freedom of Information Act suit filed by Judicial Watch, a conservative group.

The lawyers also state that "releasing Mr. Pagliano’s agreements with the United States could prematurely reveal the scope and focus of the pending investigation."

Pagliano was scheduled to be deposed on Monday in the case, which is seeking details of Clinton’s use of a private email server while she served as secretary of state, but he is seeking to assert his Fifth Amendment right against self-incrimination.

In the judge's order delaying the testimony, Sullivan ordered Pagliano to file a legal explanation justifying his planned assertion as well as a copy of an immunity agreement under which he reportedly gave testimony to the FBI, which is probing Clinton’s unusual email set-up.

In the filing on Friday, lawyers for the Justice Department argued that “there is no dispute before the Court that requires it to review the documents constituting Mr. Pagliano’s agreements with the United States.”

They go on to state, “If the Court nonetheless determines that it is necessary for it to review the agreements, the Court should review them ex parte and under seal.”

The lawyers argued that the immunity agreements “relate to an ongoing law enforcement investigation” and that “the Government would be prejudiced by disclosure.”

"The FBI cannot publicly disclose the specific focus, scope, or potential targets of any such investigation without adversely affecting the investigation," the filing states.

Any public disclosure of Pagliano’s immunity agreement could also exact further damage on Clinton’s presidential campaign because it carries implications that someone involved may have committed a crime, although no one has been charged.

