WASHINGTON, D.C. — A former top aide to First Lady Jill Biden invoked his Fifth Amendment rights on Wednesday, becoming the second individual to do so during an ongoing congressional investigation into President Joe Biden’s mental fitness and the alleged use of an autopen to sign official documents while in office.
Anthony Bernal, who previously served as Jill Biden’s chief of staff and held a long-standing advisory role within the Biden family’s inner circle, declined to answer questions during a closed-door session with the House Oversight Committee. Bernal was subpoenaed to testify as part of the Republican-led inquiry, which seeks to examine the president’s capacity to perform his official duties and whether aides may have been making decisions or signing documents on his behalf.
Citing constitutional protections under the Fifth Amendment, Bernal exercised his right not to provide testimony that might be self-incriminating. This marks the second instance in which a witness tied to the Biden White House has chosen this legal route amid growing scrutiny from House Republicans. While invoking the Fifth Amendment is a legal right and does not imply guilt, it has added fuel to GOP claims that the White House is withholding information from the public and obstructing congressional oversight.
The Oversight Committee, chaired by Rep. James Comer (R-KY), has been pursuing various lines of inquiry related to President Biden’s cognitive health following several high-profile public appearances that Republicans claim raise concerns about his ability to serve. The committee is also probing reports that the president may have relied on an autopen—a mechanical device used to replicate a signature—on key official documents, raising questions about whether he was personally reviewing and approving presidential communications.
Democrats have pushed back on the investigation, accusing House Republicans of politicizing the issue without substantial evidence. They argue that the use of an autopen is not unusual and has been employed by previous presidents, including during both Republican and Democratic administrations. The White House has dismissed the probe as a partisan distraction, noting that President Biden continues to fulfill his duties and has received regular medical evaluations.
Bernal’s refusal to testify follows a similar move by another unnamed witness who previously appeared before the committee. House Republicans have indicated that they will continue to press forward with subpoenas and potential contempt proceedings as part of their efforts to compel testimony and obtain internal documents related to the president’s health and decision-making process.
While the Fifth Amendment grants individuals the right not to testify in a manner that could incriminate themselves, its use in politically charged investigations often draws public attention and speculation. However, legal experts caution against drawing conclusions solely from such invocations, noting that they can be employed as a protective measure in a broad range of legal contexts.
As the inquiry continues, it remains to be seen whether further witnesses will cooperate with the Oversight Committee’s efforts or follow suit in asserting constitutional protections. The investigation has emerged as a flashpoint in the broader political battle heading into the 2026 midterms, with both parties seeking to frame the narrative around leadership, transparency, and presidential fitness.