Biden physician invokes 5th Amendment, doctor-patient confidentiality in congressional testimony

By 
 July 9, 2025

White House physician for former President Joe Biden, Dr. Kevin O'Connor, refused to answer questions during his testimony Wednesday before the House Oversight Committee, invoking both his 5th Amendment right to avoid self-incrimination and doctor-patient confidentiality. 

Both lawmakers and O'Connor's lawyers confirmed his refusal.

The committee is investigating the Biden administration's use of the autopen, specifically whether he knew that it was being used to sign his name in all the instances that it was used.

If Biden was mentally diminished and didn't specifically authorize the autopen's use each time, some of the orders and legislation it was used for may be illegitimate, conservative lawmakers claim.

Demand for transparency

O'Connor's testimony was subpoenaed in order to determine whether Biden was cognitively declining and, if so, whether O'Connor told anyone else about it.

Of course, we all know Biden was in cognitive decline the entire time he was president, and that it only got worse as time went on.

But if O'Connor testifies as such, he will also be asked why he said Biden was cognitively fine after examining him several times while he was president.

“The American people demand transparency, but Dr. O’Connor would rather conceal the truth,” committee chair James Comer (R-KY) said in a statement.

O'Connor's refusal to testify proves "it's clear there was a conspiracy," Comer added.

Between a rock and a hard place

For Biden's part, he's been calling claims he was cognitively diminished "ridiculous and false."

At this point, O'Connor is between a rock and a hard place, except for the claim of doctor-patient confidentiality.

That may be what saves him, because confidentiality is a well-known and well-accepted principle of medicine.

O'Connor could actually be in a lot of trouble if he does break confidentiality. No doubt Biden would sue him for disclosing private information.

It's unclear how Congress is supposed to get the information it needs without cooperation from O'Connor, but as long as he can hide behind the confidentiality claim, he will probably escape punishment for refusing to testify.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson