Former Biden aide Anthony Bernal invoked his Fifth Amendment right against self-incrimination during a deposition on Wednesday before the House Oversight Committee’s majority and minority counsel.
Bernal, the top aide to former first lady Jill Biden, entered the Rayburn House Office Building hearing room at 9:52 a.m. and did not answer any questions as part of the Biden autopen investigation. He then exited shortly after at 10:25 a.m.
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“It’s no surprise that Anthony Bernal is pleading the Fifth Amendment to shield himself from criminal liability,” said Rep. James Comer (R-KY), chairman of the House Oversight Committee. “During his deposition today, Mr. Bernal pleaded the Fifth when asked if any unelected official or family members executed the duties of the president and if Joe Biden ever instructed him to lie about his health.
“This is a historic scandal, and Americans demand transparency and accountability. We will continue to pursue the truth on their behalf and examine options to get the answers we need,” he said.
The Committee released footage Wednesday afternoon of Bernal repeatedly invoking the Fifth Amendment during his deposition.
“On the advice of counsel, I respectfully decline to answer the question pursuant to my Fifth Amendment rights under the Constitution,” Bernal answered multiple times.
Bernal was considered one of the most influential aides in the White House and in the Biden campaign as a close confidant to Jill Biden. Jake Tapper and Alex Thompson’s new book, Original Sin, detailed the role the first lady and the inner staff played in the alleged cover-up of Biden’s health decline.
Comer and Rep. Byron Donalds (R-FL) addressed reporters after Bernal’s brief appearance.
“If you cannot sit and answer a simple question about Joe Biden’s capabilities, then that further demonstrates that he was not in charge of his administration,” Donalds told reporters.
Bernal is not the first witness to invoke the Fifth Amendment in this investigation. Biden’s former physician, Dr. Kevin O’Connor, decided to invoke it last week after the committee denied his request to delay his testimony.
Bernal canceled his plans to appear before the committee last month for the second transcribed interview relating to Joe Biden‘s use of the autopen. The former Biden aide was an assistant to the president and a senior adviser to Jill Biden.
President Donald Trump waived executive privilege for all witnesses, leading Bernal to cancel last month. Executive privilege allows a witness to withhold information from Congress to protect the integrity of the executive branch. As the investigation progresses, the rest of the witnesses will also be denied the same protections.
Rep. Jasmine Crockett (D-TX) told reporters when O’Connor invoked the Fifth Amendment that it should not be seen as a sign of guilt but rather reality, as the House, Senate, and the Department of Justice have all opened investigations into Biden’s health.
Crockett left the hearing room shortly before Bernal and told reporters it is going “fine” and that “they still look like losers,” referring to the GOP.
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The transcripts from Biden witnesses who answered questions, including Neera Tanden and Ashley Williams, are slated to be made public in the future, according to a spokesperson for the committee. The committee is seeking to determine whether Biden was aware and capable of carrying out the duties of the presidency, including authorizing the use of his autopen signature to sign pardons and commutations in his final days in office.
Transcribed interviews are typically conducted by committee staff over several hours, and both parties are granted extended time for questioning, compared to the five-minute increments afforded to members during publicly televised hearings. More interviews are set to take place over the next few months.
Mackenzie Thomas contributed to this report.
