BY Benjamin ClarkJuly 8, 2025
8 months ago
BY 
 | July 8, 2025
8 months ago

Biden’s ex-physician seeks testimony delay over privilege concerns

According to AP News, Dr. Kevin O’Connor, who served as former President Joe Biden’s White House physician, has requested a delay in his testimony before the House Oversight Committee, citing the need to safeguard doctor-patient confidentiality. 

The request, detailed in a letter from O’Connor’s attorney to Rep. James Comer of Kentucky, seeks a postponement until late July or early August to negotiate terms that respect the substantial privacy interests at stake.

The House Oversight Committee, however, insists that witnesses must address privilege claims on a case-by-case basis during testimony, not by delaying or dodging a subpoena. This tug-of-war is emblematic of deeper tensions over how far congressional oversight can reach into personal medical matters.

Origins of a Contentious Health Inquiry

The House Oversight Committee first sought O’Connor’s testimony last July, only to be stonewalled by the Biden White House. Rep. Comer renewed the push in May and escalated it with a subpoena in June, signaling Republican determination to scrutinize claims about Biden’s mental fitness while in office. Their persistence reflects a belief that the public deserves clarity on whether any incapacity affected policy decisions.

Biden, for his part, has firmly rejected allegations of mental unfitness as “ridiculous and false,” pushing back against what he sees as partisan overreach. Meanwhile, GOP lawmakers have raised concerns that certain White House policies, possibly enacted via “autopen,” could be invalid if evidence of incapacity emerges. It’s a high-stakes debate with implications for both governance and political narratives.

O’Connor’s attorney, David Schertler, argues that the committee’s refusal to accommodate privacy objections is “unprecedented” and “alarming,” warning of broader risks to medical confidentiality. Schertler emphasized that his client could face severe repercussions, including the loss of his medical license, for breaching professional obligations. This plea for caution underscores the ethical tightrope doctors navigate in such public disputes.

Committee Stands Firm on Subpoena Power

Rep. Comer, in issuing the June subpoena, dismissed claims of physician-patient privilege under the American Medical Association’s ethics code as lacking legal weight in federal matters. He argued that the AMA’s own guidelines compel doctors to disclose information when legally ordered by a constituted authority like Congress. This hardline stance suggests little patience for delays rooted in ethical rather than statutory defenses.

The committee’s spokesperson reinforced that House deposition rules permit privilege assertions only question by question, with the chair ruling on each objection. They maintain that O’Connor cannot simply sidestep a congressional summons over potential privileged content. It’s a position that prioritizes legislative authority over individual professional codes.

Comer has also promised full transparency, vowing to release a public report on the inquiry’s findings once completed. Beyond O’Connor, he has subpoenaed Anthony Bernal, former chief of staff to Jill Biden, and recently heard voluntary testimony from Neera Tanden, a former Biden policy director. The net of this investigation is widening, pulling in key figures from the prior administration.

Broader Probe Targets Biden’s Inner Circle

The committee isn’t stopping at medical testimony, having requested appearances from nearly a dozen former senior Biden aides, including ex-chiefs of staff Ron Klain and Jeff Zients. Other names on the list include former senior advisers Mike Donilon and Anita Dunn, as well as additional high-ranking staffers from Biden’s tenure. This expansive reach signals an intent to piece together a comprehensive picture of decision-making under Biden.

Adding fuel to the inquiry, the current Trump White House has waived executive privilege for nearly 10 of these former Biden staffers, clearing a legal path for them to discuss direct conversations with the former president. This waiver, determined by the sitting administration, removes a significant shield that often protects such communications from congressional scrutiny. It’s a move that could unearth candid insights—or further politicize an already fraught process.

Executive privilege, while applicable to former staffers, hinges on the current administration’s discretion, leaving Biden’s team with little recourse to block these testimonies. The unfolding drama pits principles of privacy and privilege against the raw exercise of congressional power. For conservatives, this is about ensuring no stone is left unturned in holding past leadership accountable, even if the path is messy.

Balancing Oversight with Ethical Boundaries

As this saga unfolds, it’s hard not to see the broader stakes for both governance and personal rights. Republicans are right to demand answers on whether Biden’s health ever compromised his duties, but the risk of trampling medical privacy in the process isn’t trivial. A balance must be struck that respects both public interest and the sanctity of a doctor’s oath.

For now, O’Connor’s delay request hangs in limbo, a small but telling skirmish in the larger battle over transparency in government.

It’s a reminder that even in a polarized era, some lines—like the one between patient and doctor—deserve thoughtful guarding, lest we erode trust in institutions beyond just politics. Conservatives can champion accountability without dismissing the principles that protect us all.

Written by: Benjamin Clark
Benjamin Clark delivers clear, concise reporting on today’s biggest political stories.

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