Washington, D.C. — A central figure in the widening congressional investigation into alleged efforts to conceal former President Joe Biden’s cognitive decline is now refusing to testify before lawmakers, escalating tensions between the House Oversight Committee and Biden’s former inner circle.
Anthony Bernal, the longtime senior advisor to former First Lady Jill Biden—often referred to within political circles as her “work husband”—was scheduled to appear for a transcribed interview on June 26, 2025. The interview was to be part of the Oversight Committee’s ongoing probe into whether senior White House officials orchestrated a coordinated cover-up of the former president’s mental health struggles while he was in office.
But on Tuesday, House Oversight Committee Chairman James Comer (R-Ky.) revealed that Bernal had withdrawn his agreement to testify, a move Comer called a clear act of obstruction now that the legal shield of executive privilege has been lifted.
“Now that the White House has waived executive privilege, it’s abundantly clear that Anthony Bernal… never intended to be transparent about Joe Biden’s cognitive decline and the ensuing cover-up,” Comer said in a press release. “With no privilege left to hide behind, Mr. Bernal is now running scared, desperate to bury the truth. The American people deserve answers and accountability.”
The Committee intends to issue a subpoena to compel Bernal’s testimony if he does not agree to appear voluntarily, according to Comer.
Executive Privilege Waived as Trump Weighs In
The political and legal landscape around the investigation shifted significantly earlier this week when former President Donald Trump formally declined to assert executive privilege on behalf of Biden-era officials in this matter. In letters sent to multiple former senior Biden aides, including Ron Klain, Anita Dunn, Steve Ricchetti, and Bernal, Deputy Counsel to the President Gary Lawkowski stated that asserting privilege “is not in the national interest” given the “unique and extraordinary” nature of the committee’s inquiry.
The letters further clarified that the waiver applied specifically to discussions around Biden’s fitness for office and decisions related to who was effectively exercising executive authority in the final months of his administration.
That decision effectively stripped Bernal and others of the legal justification for withholding testimony, paving the way for potentially explosive disclosures—if they choose to cooperate.
Who Was Really in Charge?
Bernal is one of several high-ranking former White House aides under scrutiny as lawmakers try to determine whether a small group of Biden confidants concealed the extent of the president’s alleged mental decline from the public and even from other staff members.
Comer has accused these aides of acting “behind the scenes” to manage key executive functions on behalf of Biden, raising serious constitutional and ethical concerns. Among the practices being investigated is the use of an autopen—a mechanical device used to sign documents in place of a person’s actual hand—to approve presidential actions, including executive orders and pardons.
The Oversight Committee heard from its first witness, former Staff Secretary Neera Tanden, earlier this week. According to Comer, Tanden testified that she had minimal direct interaction with Biden and instead sent decision memos to his inner circle to authorize autopen use. She reportedly had no visibility into the process once the memos left her desk.
“Her testimony raises serious questions about who was really calling the shots in the Biden White House amid the President’s obvious decline,” Comer said.
Mounting Political Fallout
The investigation, which Republicans argue is about transparency and accountability, is already drawing criticism from Democrats, who accuse the GOP of weaponizing the oversight process for political gain ahead of the 2026 midterms. However, Comer and his allies insist the inquiry is rooted in legitimate constitutional concerns, particularly regarding who held the reins of executive power.
“The American people deserve to know who was making decisions in the Oval Office,” Comer said. “If it wasn’t the President, then who was?”
Bernal’s decision to withdraw from the scheduled testimony, after initially confirming his participation, is expected to intensify partisan clashes. Sources close to the committee told Fox News Digital that Comer’s office is prepared to issue subpoenas not just to Bernal, but to multiple former Biden officials who may have played roles in the alleged cover-up.
Those include former Chief of Staff Ron Klain and close Biden advisors Anita Dunn and Mike Donilon—figures who were reportedly among the final gatekeepers around the president in his last year in office.
A Pattern of Obstruction?
This isn’t the first time Bernal has drawn scrutiny. During the previous session of Congress, he was one of three White House aides subpoenaed by the Oversight Committee for allegedly interfering with transparency efforts surrounding Biden’s mental and physical health.
While the White House at the time pushed back against the subpoenas by citing executive privilege, that defense has now been taken off the table by Trump’s decision—leaving Bernal and others legally vulnerable if they continue to refuse cooperation.
As pressure builds, all eyes will be on whether Bernal responds to the looming subpoena or whether the matter escalates into a protracted legal standoff between Congress and former administration officials.
What Comes Next?
Chairman Comer has vowed to continue the investigation, signaling that more subpoenas and public hearings may follow in the coming weeks.
With the credibility of the presidency and the legitimacy of executive decision-making under question, the stakes are high. At the heart of the matter is a fundamental constitutional issue: If the president was no longer fit to serve, who stepped in—and did they do so legally?
Until those questions are answered, Bernal’s silence—and the Oversight Committee’s persistence—will keep this story front and center in the nation’s political discourse.
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