Former Jill Biden Chief of Staff Pleads Fifth in GOP Probe of Joe Biden’s Fitness During Presidency

Anthony Bernal’s refusal to testify follows former White House doctor Kevin O'Connor ’s taking the Fifth earlier this month.

Then-first lady Jill Biden and her senior adviser Anthony Bernal arrive at the J. Caleb Boggs Federal Building in Wilmington, Del., on June 7, 2024. Kevin Dietsch/Getty Images

WASHINGTON—Anthony Bernal, who was chief of staff to former first lady Jill Biden, declined to answer questions from the House Oversight Committee on July 16 regarding former President Joe Biden’s state of health when he was in office.

He was the second former White House official to do so within the past week. On July 9th, Dr. Kevin O'Connor, Biden’s physician, also pleaded the Fifth before the committee.

The chairman of the committee, Rep. James Comer (R-Ky.), said in a statement that Bernal invoked the Fifth Amendment.

“This week, new reporting confirms President Biden’s aides took unauthorized executive actions during his presidency,“ he said, alleging that ”Anthony Bernal is pleading the Fifth Amendment to shield himself from criminal liability.”

“During his deposition today, Mr. Bernal pleaded the Fifth when asked if any unelected official or family members executed the duties of the president and if Joe Biden ever instructed him to lie about his health. This is a historic scandal and Americans demand transparency and accountability.”

The committee subpoenaed Bernal to testify after he declined to do so voluntarily.

Comer alleged that “now that the White House has waived executive privilege,“ it’s ”clear“ that Bernal ”never intended to be transparent“ about the former president’s state of health during his term in office, further alleging an ”ensuing cover-up.”

“With no privilege left to hide behind, Mr. Bernal is now running scared, desperate to bury the truth,” Comer said in a June 25 statement.

The committee has been investigating the Biden administration’s use of the autopen to issue pardons.

In a June 26 letter to Bernal, Comer wrote, “Given your close connection with both former President Biden and former First Lady Jill Biden, the Committee sought to understand if you contributed to an effort to hide former President Biden’s fitness to serve from the American people.”

The committee sought to learn the extent of Bernal’s sway over Biden and his “knowledge of whether the former President was personally discharging the duties of his office,” Comer said.

Comer also wrote that the committee “seeks information about your assessment of and relationship with former President Biden to explore whether the time has come for Congress to revisit potential legislation to address the oversight of presidents’ fitness to serve pursuant to its authority under Section 4 of the Twenty-Fifth Amendment or to propose changes to the Twenty-Fifth Amendment itself.”

Regarding O'Connor, Comer said in a July 9 statement that he “refused to answer any questions and chose to hide behind the Fifth Amendment,” alleging a cover-up.

“The American people demand transparency, but Dr. O’Connor would rather conceal the truth.”

On June 24, the committee interviewed Neera Tanden, who was the Domestic Policy Council director under Biden. She said there was no effort to cover up Biden’s state of health.