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Former State Department staffer Bryan Pagliano ignored a subpoena to appear at a House hearing earlier this week, so will he face any consequences?

Judge Andrew Napolitano said on "Fox and Friends" this morning that it would have been "legally proper" for Pagliano to attend the hearing and assert his Fifth Amendment right if he didn't want to testify.

He said it's a "head-scratcher" because there's no legal basis for Pagliano, the man who set up Hillary Clinton's private email server, not to show up at all.

"The ball is in the court of the House of Representatives. They need to go to a judge and have the judge order him to show. And if he violates that, then the judge will hold him in contempt, and then he could face jail time," Judge Napolitano explained.

"There's simply no legal basis or, in my opinion, even rationale for him not showing up."

Get more legal insight from the judge above.

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