Former first lady Jill Biden’s chief of staff refused to answer questions during closed–door testimony before the House Oversight and Government Reform Committee on Wednesday morning.
Committee Chair Rep. James Comer (R-Ky.) said Anthony Bernal pleaded the Fifth when GOP lawmakers asked him whether former President Biden ever instructed him to lie about his health or “if any unelected official or family members executed the duties of the president.”
“It’s no surprise that Anthony Bernal is pleading the Fifth Amendment to shield himself from criminal liability,” Comer said in a statement, following months of criticism for the former president’s staffers.
“This is a historic scandal and Americans demand transparency and accountability. We will continue to pursue the truth on their behalf and examine options to get the answers we need,” he added.
Bernal is among those subpoenaed by Comer to compel their testimony as part of the panel’s investigation into former President Biden’s mental acuity while in office and whether the 46th president was aware of documents signed with his “autopen” signature.
A lawyer for the former Biden administration official pushed back on the probe while defending his client’s decision remain silent.
“The Committee has sought testimony from Mr. Bernal for nearly two years, without any
actual evidence of wrongdoing by Mr. Bernal,” Bernal counsel Johnathan Su said in a statement obtained by The Hill. “Most recently, the Committee seeks Mr. Bernal’s
testimony based on a purported controversy regarding use of the autopen at the conclusion of
President Biden’s term. President Biden has already confirmed that he personally made all
decisions concerning his grants of clemency.”
Su added later, “Under these circumstances, it is entirely appropriate and justified for Mr. Bernal to invoke his rights under the Fifth Amendment to the Constitution.”
The attorney continued, arguing that any suggestion that using the right is evidence of wrongdoing “would be highly irresponsible and flatly wrong, particularly from those elected to represent the people and uphold the Constitution.”
Kevin O’Connor, Biden’s former doctor, also pleaded the Fifth to questions asked during his testimony before the same panel last week, which earned another rebuke from Comer.
“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,” Comer posted on the social platform X. “When questioned under oath about whether he believed Biden was fit to serve, he again pleaded the Fifth.”
“President Trump is right: this is the biggest scandal in Oval Office history,” Comer added.
Trump has slammed his predecessor for using the autopen to sign pardons and official paperwork, while alleging someone else was partly in charge of adding Biden’s signature to paperwork.
Biden has rejected the whirlwind of accusations launched by the GOP after his Oval Office tenure.
“They’re liars. They know it,” Biden told The New York Times in an interview published Sunday, in regards to claims he experienced mental decline during his final days as president.
“Let me be clear: I made the decisions during my presidency. I made the decisions about the pardons, executive orders, legislation, and proclamations. Any suggestion that I didn’t is ridiculous and false,” he told the Times.
Updated at 3:00 p.m. EDT.
Alex Gangitano contributed.