WASHINGTON – Joe Biden’s White House physician invoked his Fifth Amendment right as he refused to answer questions during a closed-door deposition in the Republican-led House Oversight Committee’s investigation into the former president’s mental acuity.
Appearing on Capitol Hill on July 9, Dr. Kevin O’Connor told the committee, in response to its questions, “I must respectfully decline to answer based on physician-patient privilege and the reliance of my right under the Fifth Amendment of the Constitution.”
“I’m not a lawyer, and I must follow my lawyer’s advice on this matter,” he said.
O’Connor repeated the same line multiple times during the 20-minute deposition, including after he was asked whether he ever believed Biden was unfit to perform his duties as president and whether he was ever asked to lie about Biden’s health.
Although the deposition was closed to reporters, the House Oversight Committee released footage of O’Connor’s testimony after its conclusion.
More: Four former Biden aides to testify in GOP mental acuity probe
O’Connor’s legal team stated in a submission to the committee, “Revealing confidential patient information would violate the most fundamental ethical duty of a physician, could result in revocation of Dr. O’Connor’s medical license and would subject Dr. O’Connor to potential civil liability.”
His lawyers also argued the committee should suspend its investigation until the conclusion of a Justice Department criminal probe that President Donald Trump ordered in June to investigate Biden’s alleged “cognitive decline” and use of an autopen to sign official documents.
“We believe that the committee should hold its investigation in abeyance until any criminal investigation has concluded,” O’Connor’s attorneys said.
More: Trump orders investigation of Joe Biden’s alleged ‘cognitive decline’ and use of autopen
Rep. James Comer, R-Kentucky, the committee’s chairman, seized on O’Connor’s refusal to answer questions, saying, “It’s clear there was a conspiracy to cover up President Biden’s cognitive decline.”
“The American people demand transparency, but Dr. O’Connor would rather conceal the truth,” Comer said in a statement. “Congress must assess legislative solutions to prevent such a coverup from happening again. We will continue to interview more Biden White House aides to get the answers Americans deserve.”
After O’Connor’s appearance, his lawyers cited in their statement the “unusual circumstances of this deposition” and singled out Trump’s August 2022 decision to invoke his Fifth Amendment rights during his deposition for a New York civil investigation into the Trump Organization’s finances.
“As President Donald J. Trump stated on August 10, 2022, … ‘Anyone in my position not taking the Fifth Amendment would be a fool … an absolute fool,'” their statement said.
O’Connor, in a February 2024 report on Biden’s final physical as president, described Biden as a “healthy, active, robust 81-year-old male who remains fit to successfully execute the duties of the Presidency.” The report cited Biden’s sleep apnea treatment and stiffened gait from arthritis, but mentioned no serious ailments.
More: Joe Biden was last screened for prostate cancer in 2014 before diagnosis
In May, Biden, who is now 82, was diagnosed with an aggressive form of prostate cancer.
Biden dropped out of the 2024 presidential election last July after he struggled to articulate coherent thoughts during a debate with Trump that accelerated concerns about his mental fitness. Six months after Biden left the White House, his mental acuity has been revisited in books about his presidency and various Republican investigations.
In its probe of Biden’s mental acuity and alleged cover-up, the committee on June 24 interviewed former Biden White House aide Neera Tanden, who served as director of the White House Domestic Policy Council. The committee issued a subpoena for Anthony Bernal, former assistant to the president and senior advisor to first lady Jill Biden, to appear for a deposition on July 16.
Reach Joey Garrison on X @joeygarrison.
This article originally appeared on USA TODAY: Biden’s physician invokes Fifth Amendment in probe of former president
