March 5, 2016: Pagliano’s immunity deal suggests a grand jury could already have been convened.

Danny Cevallos (Credit: CNN)

Danny Cevallos (Credit: CNN)

CNN’s legal analyst Danny Cevallos suggests the news that the FBI has granted immunity to Clinton’s computer technician Bryan Pagliano could mean a grand jury has been convened in the FBI’s Clinton investigation. “The smart bet is yes. After all, the fact that there are immunity agreements logically means there’s a grand jury investigation in some district. The grand jury is typically the genesis of the government’s subpoena power. The next, bigger question, is whether anyone will be indicted. The mere fact that the [Department of Justice] wants to talk to Pagliano does not mean anyone will be indicted. But if [they are] investigating criminal activity, they tend to find criminal activity.”

Cevallos points out that the federal conviction rate is well above 90%. He also suggests that Pagliano may not be out of legal danger, depending on what kind of immunity he was given. (CNN, 3/5/2016) 

Other legal observers have conflicting opinions on the significance of the deal. Criminal defense lawyer Jacob Frenkel says it “raises exponentially the stakes in the investigation. […] This is a significant piece in providing clarity to an otherwise complicated jigsaw puzzle, [but] we do not know exactly where Mr. Pagliano’s finger or fingers will point.” Also, there has been no official sign that a grand jury has been convened. (The Washington Post, 3/3/2016)