Biden’s doctor pleads the 5th when asked if former president was fit for office


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Summary

Physician testimony

Dr. Kevin O'Connor, President Biden's personal physician, declined to answer questions from the House Oversight Committee regarding the president's health, invoking both physician-patient privilege and the Fifth Amendment.

Allegations of cover-up

Some Republican committee members, including Rep. James Comer, allege that Dr. O'Connor's refusal to answer questions suggests a cover-up of President Biden's cognitive decline. Comer claimed White House employees misled the public about the president's fitness for office.

Legal and ethical concerns

Democratic committee members emphasized that Dr. O'Connor could not violate doctor-patient confidentiality without breaching legal and ethical obligations. O'Connor's lawyer also highlighted concerns that revealing confidential medical information could jeopardize his medical license and expose him to civil liability.


Former President Biden’s personal physician pleaded the 5th Amendment and cited physician-patient privilege during a deposition with the House Oversight Committee Wednesday. Dr. Kevin O’Connor did not answer whether he was ever told to lie about the president’s health and whether Biden was fit to be president. 

The deposition was part of a House Oversight Committee investigation into Biden’s mental fitness and the potentially unauthorized use of the autopen to sign pardons and executive orders. 

“It’s clear there was a conspiracy to cover up President Biden’s cognitive decline after Dr. Kevin O’Connor, Biden’s physician and family business associate, refused to answer any questions and chose to hide behind the Fifth Amendment,” Rep. James Comer, R-Ky., said. 

Republicans contend O’Connor’s lack of cooperation “all but confirmed” that White House employees covered up President Biden’s decline. 

O’Connor answered questions by reading the following statement: “On the advice of counsel, I must respectfully decline to answer based on the physician-patient privilege and reliance on my right under the 5th Amendment of the Constitution. I’m not a lawyer and I must follow my lawyer’s advice in this matter.” 

WATCH O’CONNOR TESTIFY HERE:

His lawyer, David Schertler, explained that Dr. O’Connor would assert both privileges for all questions asked during the deposition. 

Schertler said the committee indicated that it would be willing to reveal confidential information about the medical examinations, treatment and care of President Biden. 

“Revealing confidential patient information would violate the most fundamental ethical duty of any physician,” Schertler told the committee. “It could also result in the revocation of Doctor O’Connor’s medical license and could subject him to civil liability.” 

Democrats on the committee said they understood that he could not violate doctor-patient confidentiality and that if he answered questions, he could be in breach of his legal and ethical obligations to his patient, potentially suffering grave professional and personal consequences. 

Republicans have also called for the testimony of senior members of the press office, including Karine Jean-Pierre, Ian Sams, Andrew Bates and Biden’s Chief of Staff, Jeff Zeints.

“President Biden’s inner circle repeatedly told the American people that he was ‘sharp as ever,’ dismissing any commentary about his obvious mental decline as ‘gratuitous.’ They fed these false talking points to progressive allies and the media, who helped perpetuate that President Biden was fit to serve,” Comer said. 

The Justice Department is conducting a parallel investigation into the use of the auto-pen. Republicans believe the Biden White House used a machine that can make signatures to sign important documents, such as pardons and executive orders, that the president may not have personally approved. Presidents, including Trump, use the machines. Schertler said Congress should halt its investigation until the criminal probe is complete.

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Why this story matters

The refusal of President Biden’s former White House physician, Dr. Kevin O'Connor, to answer congressional questions about the president’s mental acuity and health—citing doctor-patient privilege and his Fifth Amendment right—underscores ongoing debate over transparency, medical confidentiality, and the political handling of questions related to presidential fitness for office.

Congressional investigations

The event highlights the use of congressional investigations to address and scrutinize concerns about presidential health and potential cover-ups, reflecting the broader mechanisms of government oversight.

Medical confidentiality

Dr. O'Connor's refusal to answer questions based on physician-patient privilege brings attention to the tension between legal, ethical obligations to patients and the demands for public transparency about a president's health.

Political transparency and accountability

The situation raises questions about how much the public and lawmakers should know regarding a president’s health and decision-making capacity, and how allegations of concealment can shape political narratives and trust in government.

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Context corner

Throughout American history, the health of sitting presidents has often been a contentious issue, with debates over transparency and public right-to-know versus patient privacy. Historical incidents, such as Woodrow Wilson’s stroke or FDR’s concealed illnesses, underline longstanding tensions over disclosure of presidential health, which shapes the cultural and procedural context for today’s debates and investigations.

History lesson

Previous controversies have surrounded U.S. presidential health disclosures, such as Dwight Eisenhower’s heart attack, John F. Kennedy’s Addison’s disease, and Ronald Reagan’s Alzheimer’s diagnosis post-presidency. Historically, such revelations have had significant political and social consequences and have frequently triggered calls for greater transparency from those in the highest offices.

Quote bank

Key quotes include Comer’s statement: “The American people demand transparency, but Dr. O’Connor would rather conceal the truth.” Democratic Rep. Robert Garcia counters: “Oversight Republicans could be working to lower costs for American families and conducting oversight of President Trump’s corruption, but instead are obsessed with the past.” O’Connor’s lawyers state, “Asserting the Fifth Amendment privilege does not imply that Dr. O’Connor has committed any crime.”

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Fear No Fact.

Don't just take our word for it.


Center-rated reporting

According to media bias experts at AllSides

AllSides Center-rated reporting May 2026

Transparent and credible

Awarded a perfect reliability rating from NewsGuard

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Welcome back to trustworthy journalism.

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Bias comparison

  • Media outlets on the left frame the investigation as a partisan “witch hunt” and a “wasteful” distraction, emphasizing Kevin O’Connor’s legal right to invoke doctor-patient privilege and the Fifth Amendment amidst ongoing DOJ scrutiny, often using terms like “obsessed” to characterize GOP motives.
  • Media outlets in the center maintain a neutral, factual tone focused on the procedural aspects.
  • Media outlets on the right aggressively underscores allegations of a “cover-up” and “cognitive decline,” branding O’Connor’s refusal as evidence of guilt and constitutional crisis, deploying charged terms such as “scumbag lawyers” and “conspiracy” to amplify suspicion.

Media landscape

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Key points from the Left

  • Dr. Kevin O'Connor, former President Joe Biden's physician, appeared before the House Oversight Committee but declined to answer questions, citing doctor-patient privilege and the Fifth Amendment.
  • Oversight Committee Chairman James Comer stated that the investigation into Biden's health is important for Americans and criticized O'Connor's choice to plead the Fifth Amendment, describing it as "unprecedented."
  • O'Connor's attorneys emphasized that asserting Fifth Amendment privilege does not imply any criminal activity and that their client's decision was influenced by the circumstances of the investigation.
  • Texas Democrat Jasmine Crockett defended O'Connor's decision, arguing that it was a prudent choice given the ongoing criminal investigation by the Department of Justice into the doctor.

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Key points from the Center

  • On July 9, 2025, Dr. Kevin O'Connor, President Joe Biden's former White House physician, declined to provide testimony during a session with the House Oversight Committee.
  • The refusal came after Committee Chairman James Comer issued a subpoena as part of a wide-ranging Republican inquiry into President Biden's cognitive fitness and the validity of documents signed electronically on his behalf while in office.
  • O'Connor invoked doctor-patient privilege and his Fifth Amendment rights during the roughly hour-long session, declining to confirm or deny whether he was told to lie about Biden's health or fitness for office.
  • Comer stated that while the public expects openness, Dr. O'Connor chooses to withhold information, and he warned that Congress will hold individuals in contempt if subpoenas are not complied with.
  • The committee plans to continue interviewing Biden aides and release a comprehensive report, while Biden has denied claims about cognitive decline, calling them "ridiculous and false."

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Key points from the Right

  • Kevin O'Connor, former physician to President Joe Biden, invoked the Fifth Amendment during a House Committee probe into Biden's mental health, citing doctor-patient privilege and legal advice from his attorneys.
  • House Oversight Committee Chairman James Comer, R-Ky., stated that O'Connor's claims of privilege lack merit, asserting that physician-patient privilege is not absolute.
  • Complaints have been filed questioning O'Connor's handling of Biden's health disclosures, with growing pressure for transparency.
  • O'Connor's refusal to testify is viewed by some, including Comer, as evidence of a cover-up regarding Biden's cognitive decline.

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