"Mr. Pagliano’s legal counsel told the committee yesterday that he would plead the 5th to any and all questions if he were compelled to testify," a spokesperson for Judiciary Committee Chairman Sen. Charles Grassley, R-Iowa, told Fox late Wednesday.

The Washington Post reported that Pagliano had been subpoenaed by the Benghazi committee Aug. 11 and committee chairman Rep. Trey Gowdy, R-S.C. had ordered that he appear for questioning Sept. 10. Gowdy had also demanded that Pagliano provide documents related to all servers or computer systems controlled or owned by Clinton between 2009 and 2013.