Former President Joe Biden’s physician, Dr. Kevin O’Connor, invoked the Fifth Amendment during a congressional deposition on Wednesday, July 9, 2025, refusing to discuss the former president’s health and mental capability while in office. The deposition was held in private.
O’Connor appeared before the House Oversight Committee as part of a Republican-led inquiry into claims that Biden’s health decline was hidden from the public. The deposition took place on July 9, 2025.
During the approximately 21-minute deposition, O’Connor repeatedly declined to answer questions, citing constitutional rights and physician-patient privilege. Committee Chairman James Comer stated that O’Connor was asked whether he had ever been instructed to misrepresent Biden’s health and if he believed Biden was unfit for duty. O’Connor invoked the Fifth Amendment in response to both questions.
Kentucky Republican James Comer described O’Connor’s refusal as unprecedented and suggested it supported allegations of a cover-up. Comer suggested there was a conspiracy to obscure Biden’s mental decline. The committee released video footage of the deposition, with parts blacked out for off-the-record discussions.
O’Connor’s attorneys, David Schertler and Mark MacDougall, defended his decision in a statement, stressing that the Fifth Amendment assertion does not imply guilt. They referenced former President Trump’s decision to plead the Fifth during a 2022 deposition as precedent.
The Trump administration waived executive privilege for O’Connor, allowing testimony on specific subjects under investigation. A letter from the White House stated that Trump found executive privilege unjustified due to the unique nature of the investigation. The waiver covered O’Connor’s assessment of Biden’s fitness and his interactions with the Biden family.
Republican lawmakers viewed O’Connor’s silence as confirmation of wrongdoing. Representative Ronny Jackson, who served in the Obama White House Medical Unit, suggested O’Connor was a key figure in what he termed the most extensive presidential cover-up. Jackson argued the committee’s questions would not violate doctor-patient confidentiality.
Democratic committee members supported O’Connor’s decision. Representative Jasmine Crockett argued that O’Connor followed legal advice and noted that disclosing patient records could risk his medical license. Crockett also cited the Justice Department’s investigation into Biden’s use of the presidential autopen as justification for O’Connor’s caution.
The Republican investigation began following reports questioning Biden’s mental fitness in his final office year. The probe also examines whether policies enacted via the White House autopen are invalid if Biden was incapacitated. Biden has denied claims of incapacitation, calling them false.
Comer subpoenaed O’Connor after he refused a voluntary appearance. O’Connor’s legal team requested a delay to protect privilege and confidentiality, but the committee rejected this. Committee rules require privilege assertions on a question-by-question basis, with the chairman ruling on each.
The investigation now includes nearly a dozen former Biden staffers, including former White House Chiefs of Staff Ron Klain and Jeff Zients, senior advisers Mike Donilon and Anita Dunn, and Anthony Bernal, former Chief of Staff to Jill Biden.
Ashley Williams, former special assistant and deputy director of Oval Office operations, testified behind closed doors on Friday, July 11, as part of the investigation.
Former Biden officials expressed little surprise at O’Connor’s decision, with one describing him as loyal. The refusal to testify follows Biden’s diagnosis with prostate cancer. Biden had blocked similar interview requests while in office, but the Trump administration’s executive privilege waiver removed that protection.
