• Anthony Bernal, former chief of staff to Jill Biden, invoked the Fifth Amendment during House Oversight testimony, intensifying Republican efforts to probe President Biden’s fitness during his final months in office. The closed-door hearing reignites debate over executive accountability, mental fitness, and the limits of family influence in presidential governance.

WASHINGTON, DC (TDR) — Anthony Bernal, a longtime adviser to the Biden family and former chief of staff to Jill Biden, declined to answer questions during closed-door testimony before the House Oversight and Government Reform Committee on Wednesday, citing his Fifth Amendment rights in response to inquiries about President Biden’s mental capacity and decision-making near the end of his term.

House Oversight Chair Rep. James Comer (R-Ky.) said Bernal’s refusal to testify marked a “historic moment,” as investigators continue to examine whether unelected officials or family members performed presidential duties on Biden’s behalf.

“It’s no surprise that Anthony Bernal is pleading the Fifth Amendment to shield himself from criminal liability,” Comer said in a statement. “This is a historic scandal and Americans demand transparency and accountability.”

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Bernal was one of several aides subpoenaed as part of the panel’s broader probe into President Biden’s health, competency, and use of the autopen—a device that electronically reproduces a person’s signature—on key documents including pardons and executive orders.

Legal Pushback on GOP Inquiry

Bernal’s legal team has sharply criticized the GOP-led inquiry, calling the investigation politically motivated and lacking evidentiary substance. In a statement obtained by The Hill, Bernal’s attorney, Jonathan Su, defended his client’s silence.

“The Committee has sought testimony from Mr. Bernal for nearly two years, without any actual evidence of wrongdoing,” Su said.
“It is entirely appropriate and justified for Mr. Bernal to invoke his rights under the Fifth Amendment to the Constitution.”

Su added that President Biden has already stated he personally made all clemency decisions and authorized the use of the autopen.

“Any suggestion that invoking constitutional rights is evidence of guilt is not only wrong—it’s irresponsible, especially from elected officials,” Su said.

Fifth Amendment Strategy Not Limited to Bernal

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Bernal is not alone in declining to testify. Last week, Dr. Kevin O’Connor, President Biden’s former physician, also invoked the Fifth Amendment in response to similar questions from the committee, including whether he had ever been told to misrepresent the president’s medical condition.

Comer criticized O’Connor’s silence in a post on X:

“When Joe Biden’s doctor was asked under oath whether he had ever been instructed to lie about Joe Biden’s health, he pleaded the Fifth.”

President Trump has also weighed in, calling the allegations surrounding the autopen “the biggest scandal in Oval Office history.”

Biden Dismisses Accusations as “Lies”

President Biden, in a recent interview with The New York Times, dismissed the GOP accusations as politically driven falsehoods.

“They’re liars. They know it,” he said. “Let me be clear: I made the decisions during my presidency—pardons, executive orders, proclamations. Any suggestion that I didn’t is ridiculous and false.”

Broader Implications for Presidential Governance

The Oversight Committee’s investigation touches on larger issues that go beyond partisanship: How much transparency is owed to the public regarding a president’s physical and mental health? And what role do unelected staff and family play in shaping—or potentially substituting—executive decisions?

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