The coverup of Biden’s mental health was unacceptable for millions of Americans. They all want answers now.
That’s why Congress is turning up the heat on Biden officials who are trying to run from their crimes.
Congress Considering Using Immunity To Force Biden Officials To Fess Up
Key figures linked to former President Joe Biden’s administration are invoking their Fifth Amendment rights, sidestepping questions from a House investigation into allegations of concealing the former president’s mental decline, according to a legal expert who suggests Congress could use immunity deals to compel testimony.
Over a span of less than two weeks, three individuals close to Biden refused to answer questions during depositions with the House Committee on Oversight and Government Reform, with expectations that others may follow suit. Rep. James Comer, R-Ky., the committee’s chairman, highlighted a trend among witnesses, including Annie Tomasini, a former assistant to the president and deputy director of Oval Office Operations, Anthony Bernal, chief of staff to former First Lady Jill Biden, and Dr. Kevin O’Connor, Biden’s physician, who have all invoked the Fifth, suggesting they may be protecting themselves from potential criminal liability.
Legal scholar John Shu explained that granting immunity to congressional witnesses is a standard strategy to secure testimony. Immunity removes the risk of self-incrimination, compelling individuals to speak without fear of prosecution.
“Both the DOJ and Congress have been known to grant immunity. It would prevent witnesses from asserting the Fifth Amendment, because once you have immunity you can’t be prosecuted,” Shu said. Although none of the witnesses have faced criminal charges, Shu emphasized that their refusal to testify could stem from concerns about implicating themselves in potential wrongdoing, such as involvement in a conspiracy or prior false statements.
“Those witnesses will still want to avoid any kind of self-incrimination, even if they themselves didn’t commit a crime, because they may have been part of a conspiracy to commit a crime or they may have lied in some other setting. While we don’t know whether there was a criminal conspiracy, certainly a witness wouldn’t want to talk about his or her participation in it,” said Shu.
Biden’s decision to waive executive privilege for aides from the Trump administration, including Peter Navarro and Steve Bannon, set a precedent that has now impacted his own former staff.
Navarro and Bannon faced imprisonment for contempt of Congress after defying subpoenas from a House Select Committee investigating the January 6, 2021, Capitol riot. Shu noted the reciprocal nature of executive privilege, stating, “What goes around, comes around…Executive privilege goes with the office, not the president.” With Trump’s return to office, he waived privilege for Biden’s aides, enabling subpoenas for their testimony.
“Annie Tomasini and Anthony Bernal know that, and that’s partially why they didn’t assert executive privilege and instead pled the fifth, because Trump waived their privilege,” said Shu. Concerns about Biden’s mental acuity emerged before the 2020 election and persisted throughout his presidency, with conservative voices repeatedly questioning his health.
The White House countered these claims, asserting that Biden underwent regular medical evaluations that confirmed his fitness to lead. In June, the House committee expanded its inquiry into what it described as a deliberate effort to obscure Biden’s mental decline, targeting former aides for interviews.
Comer’s investigation, citing a book by Jake Tapper and Alex Thompson titled Original Sin, alleges that a small group of advisors effectively governed the country, with Biden serving as “at best a senior member of the board.”
Evidence of Alleged Cover-Up of Biden’s Health Decline
According to a Wall Street Journal report from December 2024, White House staff employed intermediaries and scripted interactions to minimize visibility into Biden’s frailty, a strategy implemented from the outset of his presidency. Further fueling the evidence of a coverup, a book by journalists Jake Tapper and Alex Thompson, Original Sin, claims that a small cadre of advisors wielded significant influence over executive decisions, sidelining Biden in key moments.
The book’s assertion that “five people were running the country” has been cited by Rep. James Comer as evidence of a concentrated effort to downplay Biden’s limitations. The committee has subpoenaed former aides, including Karine Jean-Pierre, Ian Sams, Andrew Bates, and Jeff Zients, to testify about their roles in managing Biden’s public image and decision-making processes.
Public statements from the White House during Biden’s term consistently portrayed him as healthy and capable, citing routine medical examinations. However, these assurances have been challenged by accounts from former staff and media reports suggesting that Biden’s appearances were carefully stage-managed. For instance, a December 2024 report noted that senior advisors often took on roles typically reserved for the president, such as leading meetings or representing the administration in high-level discussions, to compensate for Biden’s reduced capacity.
The invocation of the Fifth Amendment by key witnesses, including Biden’s physician, Dr. Kevin O’Connor, and aides Annie Tomasini and Anthony Bernal, has raised suspicions among investigators. Legal expert John Shu suggested that their refusal to testify could indicate fear of revealing involvement in misleading the public about Biden’s health or other potential misconduct. While no charges have been filed, the pattern of pleading the Fifth has been interpreted by Comer as an attempt to evade accountability for a possible cover-up.
Additional evidence stems from internal White House dynamics, where aides reportedly used autopen signatures for official documents and limited Biden’s unscripted public interactions. These measures, detailed in a May 2025 report, were allegedly designed to maintain an image of competence despite concerns about Biden’s physical and mental stamina. The report also raised questions about unauthorized executive actions, including sweeping pardons issued late in Biden’s term, which are now under scrutiny by the House committee.
