“The pending Department of Justice criminal investigation leaves Dr. O’Connor no choice but to invoke his constitutional rights under the Fifth Amendment,” his lawyer said in prepared remarks, underscoring the physician’s legal exposure as Republicans and federal investigators dig deeper into questions about who was actually exercising the powers of the presidency.

O’Connor, who has long served as Biden’s personal doctor, was subpoenaed by House Oversight Chairman James Comer (R-KY) to testify as part of a congressional investigation into Biden’s cognitive condition and his senior aides’ concealment of his health status. The committee also examines the use of the presidential autopen to authorize official actions without explicit confirmation that Biden himself has approved them.

O’Connor footage amplifies scrutiny and cover-up concerns

O’Connor’s refusal to speak with the committee took a dramatic turn Wednesday evening, when the House Oversight Committee released video footage of O’Connor’s deposition, showing him repeatedly invoking the Fifth in response to direct questions about Biden’s health.

“Were you ever told to lie about the president’s health?” asked Jake Greenberg, House GOP Oversight Committee chief of investigations.

“On the advice of counsel, I must respectfully decline to answer based upon the physician-patient privilege and in reliance on my right under the Fifth Amendment,” O’Connor replied.

🚨 EXCLUSIVE FOOTAGE: Joe Biden’s White House doctor, Kevin O’Connor, PLEADS THE FIFTH and REFUSES to answer if he was ever told to lie about Biden’s health or whether he believed Biden was unfit to execute his duties as president.

What are they hiding? WATCH THE DEPOSITION 👇🏻 pic.twitter.com/4OvvCfpLoQ

— Oversight Committee (@GOPoversight) July 9, 2025

In another exchange, he declined to say whether he ever believed Biden was unfit to carry out his office’s duties.

Comer responded forcefully. “It’s now clear there was a conspiracy to cover up President Biden’s cognitive decline after Dr. Kevin O’Connor… refused to answer any questions and chose to hide behind the Fifth Amendment,” he said in a statement. “The American people demand transparency, but Dr. O’Connor would rather conceal the truth.”

GOP senator floats giving doctor immunity

Following the deposition, Sen. Mike Lee (R-UT) said in a post on X that the committee could grant O’Connor immunity to eliminate his reliance on the Fifth Amendment. Granting immunity would compel O’Connor to testify, though it would limit federal prosecutors’ ability to pursue charges based on that testimony.

Now that Dr. O’Connor has invoked the Fifth Amendment, should he be offered immunity to get him to testify? https://t.co/8N9PctwC4Q

— Mike Lee (@BasedMikeLee) July 9, 2025

Still, it remains unclear whether the committee would want to pursue immunity for the physician, casting doubt on whether O’Connor will perform a second interview later this year.

Kyle Brosnan, Vice President of Legal at the Oversight Project, a conservative watchdog group that has spurred the autopen inquiry, said immunity could be a practical way to get answers. “Offering immunity to get him in the chair would be the easiest way for the Committee to continue getting important information to the American people,” he told the Washington Examiner. 

While acknowledging the political difficulty of securing the votes necessary for such a move, Brosnan said it remained a tool worth considering. It could be revisited if the committee wants to reengage with O’Connor.

Still, immunity would require either a two-thirds vote from the committee or a majority of the House of Representatives, which could be challenging due to the House’s narrow majority.

Biden’s confidentiality waiver seen as unlikely

While O’Connor’s legal team raised physician-patient confidentiality alongside the Fifth Amendment, Republicans such as Comer have maintained that no such privilege applies to congressional oversight. In a recent interview, the committee chairman said O’Connor cannot “hide behind” doctor-patient confidentiality and that the committee would not recognize that claim as a barrier to compelled testimony.

Medical ethicist and policy analyst Merrill Matthews, who once served on the Institutional Review Board for Human Experimentation at the University of Texas Southwestern Medical Center, said transparency around a president’s medical status is a public expectation.

“If I’m going to be a pilot for a major airline, I have to have regular physicals, and the company has to know I pass those physicals,” Matthews said of specific jobs that require less confidentiality for medical information.

Still, with a criminal investigation underway, O’Connor’s attorneys suggested that even minor inconsistencies, including a statement contradicted by any previous records, could raise exposure to perjury charges. According to individuals familiar with the process, O’Connor’s legal team had sought to delay the interview until late July or early August to resolve such concerns, but no agreements materialized.

Tanden’s testimony already raises concerns

The committee continues investigating whether White House officials authorized presidential actions without Biden’s direct involvement. Testimony from Neera Tanden, Biden’s former staff secretary, raised eyebrows after she told lawmakers she had “minimal interaction” with the president and relied on written memos to process executive orders and pardons.

Brosnan said her disclosures were striking: “She would glean [Biden’s] assent from decision memos and had no visibility between that and the actual execution” of the autopen. The testimony suggested a level of insulation around Biden that Republican investigators are now probing further.

Ashley Williams to testify Friday

Next up for a congressional interview is Ashley Williams, the former deputy director of Oval Office operations, who will appear for a transcribed interview Friday. Her responsibilities primarily involved scheduling and coordination, but investigators hope she can provide further insight into the daily management of presidential activities and document flow during Biden’s final year in office.

With more witnesses expected in the weeks ahead, Brosnan said the committee remains on track to build a complete picture of internal White House operations. “You’re not going to get every witness to cooperate,” he said, “but there are plenty of others who can provide key insight.”

In the coming weeks, the House Oversight Committee is set to interview a slate of former Biden aides as part of its investigation into the president’s cognitive fitness and use of the autopen. Witnesses scheduled for July and August include former top advisers Mike Donilon, Anita Dunn, Steve Ricchetti, Ron Klain, and Bruce Reed, as well as Annie Tomasini and Anthony Bernal, who served in close proximity to both the president and first lady. 

DOJ investigation could be the only venue for O’Connor’s answers

Though it remains to be seen whether O’Connor will return to testify before Congress, the DOJ’s criminal investigation appears more likely to involve the doctor. His attorney directly referenced the federal investigation as the reason for his refusal to answer questions, suggesting that the department could otherwise compel him to cooperate through a grand jury or other legal proceeding.

WATCH BIDEN’S DOCTOR REFUSE TO ANSWER QUESTIONS BEFORE HOUSE OVERSIGHT COMMITTEE

Brosnan noted that legal pressure through the executive branch may prove more effective at this point. “There’s more than one way to get information out of him,” he said.

A spokesperson for Biden declined to comment.