- A third senior Biden aide, Annie Tomasini, refused to testify under oath, joining two others (Dr. Kevin O'Connor and Anthony Bernal) who invoked the Fifth Amendment during depositions before the House Oversight Committee (HOC).
- Three of five subpoenaed aides declined to cooperate, raising allegations of a coordinated effort to conceal Biden’s cognitive decline and potential misuse of an autopen machine for executive actions.
- The HOC probe focuses on whether Biden's aides hid his mental decline and improperly used an autopen for major decisions (e.g., pardons) – actions requiring direct presidential authorization under legal precedent.
- Biden's team insists he authorized all decisions, dismissing the investigation as partisan, while Trump's camp alleges Biden's cognitive state raises doubts about decision-making legitimacy.
- Tomasini's attorney cited an ongoing DOJ probe to justify her silence, prompting Comer to consider contempt proceedings to compel testimony. Biden has publicly denied claims of incapacity.
A third senior aide to former President Joe Biden has refused to testify under oath, invoking the Fifth Amendment during a deposition convened by House Oversight Committee (HOC) Chairman Rep. James Comer (R-KY).
Annie Tomasini, former deputy chief of staff and assistant to the president, declined all questions during her testimony before the HOC on Friday, July 18. She joins former White House Physician to the President Dr. Kevin O'Connor and Anthony Bernal, chief of staff to former First Lady Jill Biden, who also invoked their constitutional right against self-incrimination.
Of the five Biden aides subpoenaed by the HOC, three have refused to cooperate – raising concerns about obstruction and accountability. The committee alleges that there was a coordinated effort to conceal Biden's cognitive decline and potential misuse of an autopen machine – a mechanical signature device – for executive actions.
Comer condemned the pattern of silence, asserting that key Biden confidants appear to be shielding themselves from potential legal consequences. "It's unbelievable that Tomasini and others refuse to answer basic questions about [former] President Biden's fitness to serve," he said in a statement. "There is now a pattern of key Biden confidants seeking to shield themselves from criminal liability for this potential conspiracy."
The HOC's investigation centers on two key issues – whether Biden's aides concealed his mental decline and whether they used an autopen to execute presidential actions without his full awareness. Historical precedent makes this significant: Previous presidents have used autopens for routine documents, but legal scholars contend that pardons and major executive actions require the president's direct authorization. If aides delegated such authority improperly, it could challenge the validity of those decisions.
Silence and subpoenas: The cognitive dissonance deepens
Earlier this month, O'Connor refused to answer whether he had been instructed to lie about Biden's health or if he believed the president was unfit. Similarly, Bernal – described as the former first lady's "work husband" – declined to testify on classified document handling and autopen use. Officials from the Biden White House maintain that the 82-year-old Democrat personally authorized all clemency decisions, dismissing the probe as politically motivated.
White House Press Secretary Karoline Leavitt emphasized that the second Trump administration does not rely on autopen use for consequential actions. President Donald Trump's assertion that Biden's cognitive state raises questions about who was truly making decisions.
Tomasini's attorney Jonathan Su defended her refusal to testify. He cited an ongoing probe by the Department of Justice, arguing that any reasonable person would invoke their rights under such scrutiny. With mounting resistance, Comer acknowledged that legal escalation such as contempt proceedings may be necessary to compel testimony.
Meanwhile, Biden dismissed claims of cognitive incapacity during a recent interview with the New York Times. "I made the decisions about the pardons, executive orders, legislation and proclamations," he told the newspaper. "Any suggestion that I didn't is ridiculous and false." (Related: Biden autopen scandal deepens as NYT confirms staff, not president, approved key pardons.)
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Watch HOC Chairman Rep. James Comer announcing that his committee will subpoena Biden's former aides during his appearance on "Sunday Morning Futures."
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