Former President Joe Biden’s physician, Dr. Kevin O’Connor, invoked the Fifth Amendment during a closed-door deposition before the House Oversight Committee on Wednesday, refusing to answer questions about Biden’s cognitive condition and the alleged use of autopen signatures for major executive actions during his presidency.
The deposition, which lasted approximately one hour, was part of an ongoing Republican-led investigation into whether Biden was mentally fit to serve and if steps were taken by staff to obscure the extent of his cognitive decline from the public and Congress.
According to a statement from O’Connor’s attorneys, their client refused to violate patient confidentiality and cited a pending criminal investigation by the Department of Justice as the basis for asserting his Fifth Amendment right against self-incrimination.
Committee Chairman James Comer (R-KY), who subpoenaed O’Connor, said the physician “refused to answer any questions and chose to hide behind the Fifth Amendment,” suggesting a coordinated effort to cover up the true state of Biden’s health.
“It’s now clear there was a conspiracy to cover up President Biden’s cognitive decline,” Comer posted on X (formerly Twitter). “Dr. O’Connor took the Fifth when asked if he was told to lie about President Biden’s health and whether he was fit to be President of the United States.”
Comer said the committee will continue questioning former White House aides and may consider legislative reforms to prevent future administrations from allegedly concealing a president’s medical unfitness.
O’Connor’s deposition comes after President Donald Trump waived executive privilege, allowing several former Biden administration officials to testify. Among them was Neera Tanden, former Director of the Domestic Policy Council, who testified for several hours last month. She denied that there had been a cover-up of Biden’s condition.
While Republicans continue to press the investigation, Democrats have dismissed it as politically motivated. Rep. Wesley Bell (D-MO) called Tanden’s session “an extraordinary waste of time,” arguing the probe lacks factual grounding.
Biden, now 82, withdrew from the 2024 presidential race after a disastrous debate performance that raised fresh doubts about his mental acuity. Public pressure mounted after journalist reports and books described a steady decline behind the scenes, including a forthcoming exposé by CNN’s Jake Tapper and Axios’ Alex Thompson.
The scrutiny intensified following Biden’s prostate cancer diagnosis and the release of audio from his interview with Special Counsel Robert Hur, which reportedly highlighted memory lapses.
President Trump has ordered a separate DOJ review into whether Biden staff improperly used autopen technology to sign executive orders and proclamations—raising legal questions about the validity of those acts if Biden was not mentally aware or involved at the time.
Senate Republicans are pursuing a parallel inquiry, and more testimony is expected in the coming weeks. Meanwhile, Biden has rejected the investigation’s premise, stating:
“I made the decisions during my presidency,” Biden said in a public statement. “Any suggestion that I didn’t is ridiculous and false. This is nothing more than a distraction by Donald Trump and Congressional Republicans.”
Despite his statement, O’Connor’s refusal to testify under oath has deepened Republican concerns and could mark a turning point in the investigation, which now has legal, constitutional, and political implications regarding presidential fitness and executive authority.
