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The former State Department staffer who set up Hillary Clinton's private email server will plead the fifth rather than answer questions in a lawsuit filed by Judicial Watch, a decision that could have ramifications for the presumptive Democratic presidential nominee.

Catherine Herridge reported on "The Real Story" that Bryan Pagliano is declining to talk in the upcoming deposition, which increases the odds that Clinton herself will be forced to testify.

Herridge explained that Pagliano has every legal right to plead the fifth and avoid self-incrimination, but doing so in a civil case can appear to the court as an admission of wrongdoing, according to legal experts.

That, combined with Clinton aide Cheryl Mills' attorneys blocking any questions about Pagliano during Mills' recent deposition with Judicial Watch, is what could lead to Clinton being called to testify, Herridge said.

"When people further down the chain block testimony or take the fifth, it does increase the likelihood that Mrs. Clinton will be called to testify in that civil suit about her emails."

Watch Catherine's full report above.

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