Anthony Bernal, longtime aide to Jill Biden and former assistant to the president, walked into a closed-door deposition on Capitol Hill this morning and refused to answer a single question. He invoked the Fifth Amendment repeatedly when asked whether Joe Biden ever instructed him to lie about his health, and whether any unelected officials or family members executed presidential duties during Biden’s final months in office. The deposition lasted less than 20 minutes. Bernal’s attorney, Jonathan Su, issued a statement claiming the Fifth is not evidence of wrongdoing. But the optics are clear. This is the second Biden insider to plead the Fifth in the Oversight Committee’s probe into executive authority and mental fitness.
The investigation is focused on the use of the autopen to sign pardons and executive orders during Biden’s final months. Republicans allege that aides were acting on behalf of the president without his direct involvement. The committee has already subpoenaed Annie Tomasini, a former deputy chief of staff, and is preparing to call in additional family members. Comer’s office confirmed that Bernal refused to answer whether Biden was mentally fit to serve, or whether he was aware of the clemency actions taken in his name. The committee is now reviewing whether criminal referrals are warranted.
Inbox: top Jill Biden aide Anthony Bernal pled the 5th today.
According to Comer’s office,
“Bernal pleaded the Fifth when asked if any unelected official or family members executed the duties of the President and if Joe Biden ever instructed him to lie about his health.” pic.twitter.com/eRMRZIDyXx— Alex Thompson (@AlexThomp) July 16, 2025
Joe Biden, now 82, dropped out of the 2024 race after a disastrous debate performance. He was diagnosed with prostate cancer in May and has largely remained out of public view. In a July 13 interview with the New York Times, Biden claimed he made all clemency decisions himself and called Republican accusations “ridiculous and false.” But the Oversight Committee isn’t backing off. They’ve already released footage of Bernal’s deposition and confirmed that Dr. Kevin O’Connor, Biden’s former physician, also pleaded the Fifth last week.
The White House has not commented. Democrats are calling the investigation political theater. But the subpoenas are stacking up. Comer says the committee is “moving up the line” and will likely call in Jill Biden and Kamala Harris next. The focus is narrowing on who actually made decisions in the final stretch of Biden’s presidency. The autopen is just the start.
Sources:
https://www.newsweek.com/joe-biden-investigation-bernal-jill-biden-aide-pleads-fifth-2099844
https://thehill.com/homenews/house/5404020-anthony-bernal-jill-biden-aide-pleads-fifth/
https://oversight.house.gov/release/comer-statement-on-anthony-bernal-pleading-the-fifth/
