A stunning development has unfolded as key associates of former President Joe Biden refuse to answer questions before Congress, citing their Fifth Amendment rights. This silence is amplifying concerns about what might have been hidden during Biden’s tenure.
According to Newsweek, Anthony Bernal, a former aide to Jill Biden, and Kevin O’Connor, Biden’s ex-physician, both invoked the Fifth during House Oversight Committee hearings. Their refusal to testify fuels an ongoing probe into allegations of a cover-up regarding Biden’s mental health and possible unauthorized executive actions, including pardons signed by autopen.
House Republicans, leading this investigation, are visibly frustrated by the stonewalling. Representative James Comer of Kentucky declared that Bernal’s plea of the Fifth when asked about unelected officials or family members executing presidential duties is part of a “historic scandal” demanding transparency.
Invoking the Fifth Amendment, a constitutional protection against self-incrimination, doesn’t automatically signal guilt, as legal experts pointed out to Newsweek. Yet, when Bernal dodged questions about whether Biden instructed him to mislead on health matters, it raised inevitable suspicions.
Legal analyst Gene Rossi explained that pleading the Fifth often stems from fear of legal repercussions, especially without immunity. But let’s be real: if there’s nothing to hide, why not clarify the record instead of hiding behind a constitutional shield?
Another expert, Neama Rahmani, suggested this move could be tied to fears of political retribution under a Trump-led Department of Justice. While that concern might hold water, it also paints a picture of officials more worried about their own skin than public accountability.
Republican voices in Congress are not holding back on their criticism of this legal maneuver. Representative Nancy Mace of South Carolina questioned on X, “If there’s nothing to hide, why plead the Fifth?”
Similarly, Representative Byron Donalds of Florida noted that Bernal “couldn’t answer a single question” during the deposition. This kind of blanket refusal only deepens the perception of a coordinated effort to obscure the truth.
Representative Pat Fallon of Texas chimed in, calling the cover-up “unconvincing” and questioning why simple inquiries about Biden’s health couldn’t be addressed. When public servants dodge basic accountability, trust in government takes another hit.
Legal perspectives vary on whether this use of the Fifth is justified or merely strategic. Michael McAuliffe, a former federal prosecutor, expressed surprise at the invocations, suggesting that O’Connor could have cited patient-doctor privilege instead of self-incrimination rights.
McAuliffe also noted that such tactics might not be technically correct but could effectively shield individuals in a highly partisan congressional inquiry. Still, if the goal is to avoid scrutiny rather than uphold principle, it undermines the spirit of public service.
Both Bernal’s and O’Connor’s lawyers insist that invoking the Fifth doesn’t imply guilt, with O’Connor’s team emphasizing no crime was committed. But in the court of public opinion, silence often speaks louder than carefully crafted statements.
House Republicans show no signs of slowing down, with Comer indicating plans to subpoena high-profile figures like former Vice President Kamala Harris and Jill Biden. This signals a broader push to uncover what they see as systemic obfuscation within the prior administration.
The invocation of the Fifth isn’t new in polarized political climates, as seen with Trump associates during the January 6 hearings and Trump himself during a New York business probe. Yet, each instance chips away at the public’s ability to get straight answers from those in power.
As this investigation unfolds, Americans are left wondering whether these legal protections are being used to safeguard rights or simply to dodge responsibility. One thing is clear: without candid testimony, the quest for clarity on Biden’s administration will remain a steep uphill battle.
