Lawyers for a former State Department staffer who worked on Hillary Clinton’s private email system have notified a House committee that their client will not testify Tuesday morning, saying that he previously invoked his constitutional right against self-incrimination before another Republican-led panel of Congress.

Bryan Pagliano, who worked on Clinton’s 2008 presidential campaign before setting up a server for her in her New York home in 2009 during Clinton’s tenure as secretary of state, last year invoked the Fifth Amendment and declined to answer questions by a House committee investigating the 2012 attacks on U.S. facilities in Benghazi, Libya.

On Monday, Pagliano’s attorneys sharply criticized a new subpoena issued Thursday evening by Rep. Jason Chaffetz (R-Utah), chairman of the House Committee on Oversight and Government Reform, for Pagliano to appear on two business days’ notice with two other information-technology workers to answer questions about why a Clinton email archive was deleted, according to a letter obtained by The Washington Post.

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