No, that information was always classified, she just violated the law by failing to mark (and treat) it as such. Classified information is classified because of what it is, not how it is marked. And I expect much of her defense will revolve around "well I didn't KNOW it was classified since it wasn't marked" (which is a pathetic excuse and immaterial to the crime itself anyway).They have not been deemed classified now, they have merely been exposed as containing classified information. They were classified when she wrote them.
"In response to questions . . . Mr. Pagliano’s legal counsel told the committee yesterday that he would plead the Fifth to any and all questions if he were compelled to testify,"
To me, the solution seems simple. Offer him total immunity to any charges relating to the actions he took in that timeframe (but NOT to lying to Congress). He then cannot plead the Fifth as he cannot incriminate himself with his testimony. We shouldn't really care about prosecuting this guy, we should care about nailing his lawbreaking boss to the wall.