Former White House physician Dr. Kevin O’Connor is resisting efforts by House Republicans to testify about former President Joe Biden’s cognitive health during his time in office — invoking doctor-patient privilege and, notably, the Fifth Amendment to avoid self-incrimination.
O’Connor, who served as Biden’s official physician during his presidency, has been called to provide testimony as part of an escalating House Oversight Committee investigation into whether Biden’s apparent cognitive decline impacted national governance. The investigation, led by Chairman James Comer (R-Ky.), is probing whether key decisions were being made by staff or unelected aides while Biden held the title of commander-in-chief.
In a letter obtained by The Associated Press, O’Connor’s legal team requested a delay in his appearance until late July or early August, citing the need to protect “substantial privilege and confidentiality interests.” The Oversight Committee has rejected that request, stating that concerns about privileged information do not excuse a witness from responding to a congressional subpoena.
O’Connor’s attorneys argued that testifying would force him to breach long-established legal and ethical protections surrounding doctor-patient confidentiality. More tellingly, he also invoked his Fifth Amendment rights, typically used to avoid self-incrimination — an extraordinary move for a government physician in this context.
Biden White House doctor Kevin O’Connor’s closed-door House Oversight Committee interview is over
“No comments to press,” his lawyers said
Source familiar tells me O’Connor pled the 5th pic.twitter.com/LIJa6pY2BF
— Liz Elkind (@liz_elkind) July 9, 2025
While some legal scholars note that doctors may assert privilege on a question-by-question basis, the Oversight Committee insists that O’Connor must appear and cannot blanket-refuse to participate. A spokesperson for the committee emphasized that the rules permit privilege to be claimed only during the deposition process itself, not as a justification to avoid testifying altogether.
The inquiry goes beyond routine political sparring. Republicans are scrutinizing claims that former President Biden was at times mentally unfit to carry out the duties of the office, citing the use of an autopen — a device that replicates a signature — for signing official documents. They argue that if Biden was not mentally present during such actions, those executive orders could face legal scrutiny.
O’Connor’s reluctance to speak under oath, particularly his decision to invoke the Fifth, has only fueled Republican suspicions. If there’s nothing to hide, they ask, why the constitutional shield?
The effort to block O’Connor’s testimony is the latest flashpoint in what has become a high-stakes investigation into the competency and decision-making apparatus of the former Biden White House. With the GOP now controlling both the White House and Congress, and with little institutional resistance remaining, investigators are poised to gain unprecedented insight into Biden’s final years in office.
