Today, Biden’s doctor, Kevin O’Connor, appeared before Congress for a closed-door deposition. Lawmakers called him to testify as part of an investigation into President Biden’s health during his time in office. They questioned him about Biden’s cognitive abilities, whether he ever believed Biden was unfit for duty, and if he misrepresented the president’s health. Some questions also focused on Biden’s use of an autopen to sign documents, with Republicans suggesting it could indicate incapacity.
Dr. O’Connor declined to answer, pleading the Fifth Amendment and citing HIPAA protections for doctor-patient confidentiality. His legal team also referenced an ongoing Department of Justice investigation related to these matters, stating that answering could expose him to legal or professional risks.
His decision has drawn criticism. Some lawmakers argue that pleading the Fifth implies he has something to hide, while others say it was necessary to protect his patient and himself. The Fifth Amendment guarantees that no person “shall be compelled in any criminal case to be a witness against himself.” While often associated with criminal trials, it also protects individuals in civil proceedings or congressional hearings when testimony could carry legal consequences. Pleading the Fifth does not imply guilt; it is a constitutional right designed to prevent self-incrimination under questioning.
It’s worth remembering that in August 2022, Donald Trump pleaded the Fifth over 400 times in a single deposition. That testimony was part of New York Attorney General Letitia James’ civil fraud investigation into his businesses. The investigation focused on allegations that Trump and his company falsely inflated the value of assets on financial statements to secure favorable loans, insurance, and tax benefits. Prosecutors argued that these misrepresentations amounted to years of systematic fraud.
During his 2016 campaign, Trump criticized the use of the Fifth Amendment, saying, “You see the mob takes the Fifth. If you’re innocent, why are you taking the Fifth Amendment?” But after his own deposition in the fraud case, he defended his decision by telling reporters that only a fool wouldn’t take the Fifth in such circumstances. He argued that answering questions could expose him to legal risks in a politically motivated investigation.
HIPAA – the Health Insurance Portability and Accountability Act – protects patients’ medical information from being disclosed without their consent. It prohibits doctors from sharing private health details unless certain legal conditions are met. Even when Congress issues a subpoena, doctors often cite HIPAA to avoid violating medical privacy without explicit authorization or a court order that overrides those protections.