SAUL LOEB/AFP/Getty Images(WASHINGTON) — The House Oversight Committee has voted to hold a Clinton IT staffer in contempt of Congress on Thursday, after he failed to show up to testify for the second time in two weeks.

By a 19-15 vote, the House Oversight Committee chose to place Bryan Pagliano, the former senior advisor for information resource management at the State Department, in contempt. Pagliano did not show up to testify before the committee despite being subpoenaed. He was being asked to testify regarding preservation of State Department records, particularly during Clinton’s time as Secretary of State.

Rep. Jason Chaffetz, R-Utah, called Pagliano a key fact witness in the investigation into Clinton’s email server.

Rep. Trey Gowdy, R-S.C., said that while Pagliano couldn’t be forced to talk, “the first issue is do you have to come…the answer is yes.”

Democratic Rep. Elijah Cummings of Maryland, however, defended Pagliano, saying that the committee had harassed him. “I simply cannot vote for a resolution that is potentially so unethical,” Cummings said, noting that U.S. Marshals were sent to Pagliano’s workplace to issue him the subpoena.

Attorneys for Pagliano say that if he was brought before the committee, he would plead the Fifth Amendment, which he also did when called to testify before the House Committee on Benghazi.

“The Chairman is saying that his rule is that the witness has to come before the committee and be subjected to what the witnesses were subjected to last week…being publicly embarrassed on TV,” Rep. Stephen Lynch, D-Mass., said. “That is the chairman’s rule, but that is not the law.”

WATCH LIVE ☞ Holding Clinton I.T. staffer in contempt of Congress for failing to comply w a subpoena. https://t.co/MjeV3wSiyv pic.twitter.com/LCHDB5xiGf

— Oversight Committee (@GOPoversight) September 22, 2016

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