A former staffer of Democratic presidential hopeful Hillary Clinton who faces a subpoena over his role in setting up the former secretary of state’s private email has decided to invoke the Fifth Amendment, according to reports on Wednesday.

Bryan Pagliano, who worked for Clinton during her 2008 presidential run and at the State Department during her time there, was identified as the person who set up her private email server in 2009, according to digital records, cited by NBC News.

The House Select Committee on Benghazi, which is investigating Clinton’s emails, had subpoenaed Pagliano last month to testify in the case. But his lawyer said on Monday that he would not answer any questions and has chosen to assert his constitutional right against self-incrimination.

“While we understand that Mr. Pagliano’s response to this subpoena may be controversial in the current political environment, we hope that the members of the Select Committee will respect our client’s right to invoke the protections of the Constitution,” his attorney, Mark MacDougall, said, according to the Washington Post.

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