WASHINGTON (AP) 鈥 President Joe Biden鈥檚 former White House physician is refusing to answer questions as part of the House Republican investigation into Biden鈥檚 health in office.
Dr. Kevin O鈥機onnor invoked doctor-client privilege and his rights under the Fifth Amendment during an appearance Wednesday before the House Oversight Committee, his attorneys said.
Republicans are conducting a sweeping investigation into Biden鈥檚 actions in office and questioning whether the Democrat鈥檚 use of an autopen in office may have been invalid. They have also claimed that some policies carried out by may be invalid if it is proven that Biden was mentally incapacitated for some part of his term.
Biden has strongly denied that he was not in a right state of mind at any point while in office, calling the claims
David Schertler, one of O鈥機onnor鈥檚 lawyers, said in a written statement he prepared for the committee that the doctor would not violate his oath of confidentiality with his patients. He also said the House Oversight committee should hold off on its investigation until Attorney General Pam Bondi concludes an investigation that the Oversight Committee's chair, Rep. James Comer of Kentucky, said she has launched into the use of the autopen.
鈥淭he pending Department of Justice criminal investigation leaves Dr. O鈥機onnor no choice but to invoke his constitutional rights under the Fifth Amendment of the Constitution to any questions posed by the Committee,鈥 Schertler said in the statement.
Comer, in a statement, said O'Connor's decision not to testify made it 鈥渃lear there was a conspiracy."
鈥淭he American people demand transparency, but Dr. O鈥機onnor would rather conceal the truth,鈥 Comer said.
In , Comer said that claims of physician-patient privilege under the American Medical Association鈥檚 code of ethics 鈥渓ack merit鈥 because that code is not part of federal law. He said the committee鈥檚 subpoena meets the AMA鈥檚 own requirement that physicians must share a patient鈥檚 medical information if 鈥渓egally compelled to disclose the information鈥 or 鈥渙rdered to do so by legally constituted authority.鈥
Comer has said his committee will release a report of all its findings after the probe is complete. He has issued subpoenas for O鈥機onnor and Anthony Bernal, former chief of staff to former first lady Jill Biden. Last month, Neera Tanden, former director of Biden鈥檚 domestic policy counsel, gave voluntary testimony.
Comer has requested testimony from nearly a dozen former senior Biden aides, including former White House chiefs of staff Ron Klain and Jeff Zients; former senior advisers Mike Donilon and Anita Dunn; former deputy chief of staff Bruce Reed, former counselor to the president Steve Ricchetti, former deputy chief of staff Annie Tomasini and a former assistant to the president, Ashley Williams.
President Donald Trump's White House has waived executive privilege, a right that protects many communications between the president and staff from Congress and the courts, for almost all of those senior staffers. That clears the way for those staffers to discuss their conversations with Biden while he was president.
Matt Brown And Michelle L. Price, The Associated Press