A former top aide to Jill Biden invoked the
Fifth Amendment
during a House Oversight Committee hearing on Wednesday, adding fuel to Republican-led inquiries into President Joe Biden’s health and alleged cover-ups during his time in office.
Anthony Bernal, a longtime adviser to the former first lady, refused to answer several questions during his deposition—including whether any unelected officials carried out presidential duties on Biden’s behalf or if he was instructed to mislead the public about the president’s health.
His silence comes just days after Dr. Kevin O’Connor, Joe Biden’s former physician, also invoked his Fifth Amendment rights in the same investigation. The House GOP is probing what it calls a “cover-up” of Biden’s mental condition and the alleged use of autopen-signed pardons.
What Pleading the Fifth Means
The Fifth Amendment protects
individuals from self-incrimination
, allowing them to remain silent during legal proceedings. Legal experts emphasized that invoking the Fifth does not mean guilt.
“If someone pleads the Fifth, it suggests they’re concerned their answers could have legal consequences—not necessarily that they’ve committed a crime,” said former federal prosecutor Gene Rossi.
Former prosecutor Neama Rahmani added that Biden-era officials may fear future political retribution. “Testifying before a GOP-led Congress could easily create evidence that might later be used against them,” he said, noting Donald Trump and his allies have vowed to target Biden appointees.
Republican Reaction
Republicans on the committee seized on Bernal’s silence as suspicious. Rep. James Comer (R-Ky.), the committee chair, said Bernal’s refusal to answer whether anyone carried out presidential duties in Biden’s place “is a historic scandal.”
Rep. Byron Donalds (R-Fla.) wrote on X, “He couldn’t answer a single question.” Rep. Nancy Mace (R-S.C.) echoed the sentiment: “If there’s nothing to hide, why plead the Fifth?”
Rep. Pat Fallon (R-Texas) added, “If Joe Biden was really ‘healthy, active, robust,’ why take the Fifth?”
Legal Perspective
While political figures interpret the
move as evasive
, legal analysts urged caution. Former state attorney Michael McAuliffe called the dual Fifth Amendment invocations “surprising” but not necessarily indicative of criminal conduct.
McAuliffe suggested that Bernal and O’Connor could be using the strategy tactically, especially in what he described as “overly partisan or excessively punitive” inquiries.
Dr. O’Connor’s lawyers previously stated that his invocation was intended to protect doctor-patient confidentiality, not to suggest wrongdoing.
Political Context
Use of the Fifth Amendment in political
investigations
is not unusual. Several former Trump aides invoked it during the January 6 committee hearings, and Trump himself used it over 400 times during a New York civil probe into his business empire.
“Whether it’s Trump officials or Biden’s allies, pleading the Fifth is becoming a defensive default in highly politicized hearings,” said Rossi.
What’s Next
House Republicans plan to widen their investigation. Chairman Comer told ABC News that they may subpoena Jill Biden and former Vice President Kamala Harris in the coming months.
“We’re going to bring in everyone,” Comer said. “We’re moving up the line.”
