Former President Joe Biden’s White House physician invoked his Fifth Amendment rights on Wednesday, July 9, during a closed-door congressional deposition, refusing to answer questions about the former president’s health and mental fitness while in office.
Dr. Kevin O’Connor appeared before the House Oversight Committee on July 9, 2025, as part of a Republican-led investigation into allegations that Biden’s decline was concealed from the public.
O’Connor repeatedly declined to answer questions during the approximately 21-minute deposition, citing both physician-patient privilege and his constitutional rights. Committee Chairman James Comer stated that O’Connor was questioned on two main points: if he had ever been instructed to misrepresent the president’s health and if he thought Biden was incapable of fulfilling his responsibilities. In both cases, the doctor invoked the Fifth Amendment.
The Kentucky Republican characterized O’Connor’s refusal to testify as unprecedented, stating that it added fuel to allegations of a cover-up. Comer indicated that the situation made it clear there was a conspiracy to cover up Biden’s declining mental acuity. The committee released video footage of the deposition in an unusual move, with portions blacked out for off-the-record discussions.
O’Connor’s attorneys, David Schertler and Mark MacDougall, defended their client’s decision in a statement to the committee. They emphasized that the totality of circumstances surrounding the investigation left O’Connor no choice but to decline to answer questions. The lawyers stressed that asserting Fifth Amendment privilege does not imply their client committed any crime, and they referenced former President Trump’s own decision to plead the Fifth during a 2022 deposition before the New York attorney general.
The Trump administration waived executive privilege for O’Connor ahead of his appearance, clearing the way for testimony about specific subjects within the committee’s purview. A letter from the White House indicated that Trump determined executive privilege was not justified due to the unique and extraordinary nature of the matters under investigation. The waiver specifically covered O’Connor’s assessment of Biden’s fitness for office and his relationship with the Biden family.
Republican lawmakers interpreted O’Connor’s silence as confirmation of wrongdoing. Representative Ronny Jackson, a doctor who also served in the Obama White House Medical Unit, suggested that O’Connor’s refusal to testify confirmed he was a key player in what Jackson characterized as the biggest cover-up in presidential history. Jackson argued that experts agreed the committee’s questions would not have violated doctor-patient confidentiality rules.
Democratic committee members defended O’Connor’s decision to invoke his constitutional rights. Representative Jasmine Crockett, who was present for the deposition, argued that O’Connor followed appropriate legal advice given the circumstances. She noted that disclosing patient records, even those of a former president, could have resulted in the loss of his medical license. Crockett also referenced the Justice Department’s ongoing investigation into Biden’s use of the presidential autopen as additional justification for O’Connor’s caution.
The Republican investigation stems from reports questioning Biden’s mental fitness during his final year in office and alleged efforts by his inner circle to conceal his condition. The probe has expanded to examine whether policies carried out through the White House autopen may be illegitimate if Biden was mentally incapacitated during portions of his presidency. Biden has strongly denied claims that he was not in a right state of mind at any point while in office, calling such allegations ridiculous and false.
O’Connor had been subpoenaed by Comer after refusing to appear voluntarily for a transcribed interview. The physician’s legal team had requested a delay until late July or early August to reach an agreement protecting privilege and confidentiality interests, but the committee rejected the request. Committee rules require witnesses to assert privilege on a question-by-question basis, with the chairman ruling on each claim.
The investigation has expanded to cover almost a dozen former Biden staffers, among them former White House chiefs of staff Ron Klain and Jeff Zients, senior advisers Mike Donilon and Anita Dunn, as well as Anthony Bernal, who served as chief of staff to the former first lady, Jill Biden. The committee has scheduled additional interviews, with Ashley Williams, former special assistant to the president and deputy director of Oval Office operations, set to appear on Friday.
Former Biden White House officials expressed little surprise at O’Connor’s decision, with one describing the physician as incredibly loyal. The doctor’s refusal to testify came months after Biden left office and was diagnosed with an aggressive form of prostate cancer. Biden had initially blocked similar requests for interviews while serving as president, but the Trump administration’s waiver of executive privilege removed that protection.
Sources:
https://abcnews.go.com/Politics/dr-kevin-oconnor-bidens-physician-sits-interview-gop/story?id=123606551
https://www.cbsnews.com/news/kevin-o-connor-biden-doctor-house-oversight-committee/
https://nypost.com/2025/07/09/us-news/biden-doctor-kevin-oconnor-pleads-fifth-rather-than-answer-questions-about-ex-prezs-health/
https://www.foxnews.com/politics/white-house-waives-executive-privilege-biden-doctor-kevin-oconnor-cover-up-probe
https://www.pbs.org/newshour/politics/former-white-house-doctor-refuses-to-answer-questions-as-house-republican-probe-bidens-health
