Former Biden aide refuses to testify in House autopen and mental decline investigation

Former Biden aide Annie Tomasini became the third witness to invoke their Fifth Amendment right to avoid self-incrimination in the House probe of an alleged cover-up of President Biden’s mental decline in office. Here’s what you need to know about the Biden cognitive decline investigation:

The third Fifth Amendment invocation

Tomasini follows pattern of witnesses refusing to testify:

• Former Biden aide became third witness to invoke Fifth Amendment rights
• Appeared under subpoena in House Oversight Committee investigation
• Investigation examines alleged cover-up of President Biden’s mental decline in office
• Committee probes whether Biden aides acted on behalf of diminished president

The autopen investigation

House examines unauthorized use of mechanical signature:

• Probe looks at whether aides used autopen to sign pardons and important documents
• Autopen allegedly used without Biden’s approval
• Investigation focuses on unauthorized executive actions
• Committee examining potential conspiracy among Biden confidants

Comer’s statement

Oversight chairman sees pattern of criminal liability concerns:

• “Today, the third witness in our investigation…pleaded the Fifth Amendment”
• “There is now a pattern of key Biden confidants seeking to shield themselves from criminal liability”
• James Comer, Kentucky Republican, made statement about Friday deposition
• No lawmakers were present for Tomasini’s deposition

Tomasini’s background

Longtime Biden aide with extensive experience:

• Served as senior adviser and deputy chief of staff toward end of Biden’s term
• Worked for Biden since his Senate days chairing Foreign Relations Committee
• Played big role in his 2020 presidential campaign
• Served as his traveling chief of staff during campaign

The specific questions

Tomasini pleaded Fifth to multiple key inquiries:

• Asked if Biden, family member, or anyone at White House instructed her to lie about his health
• Asked if she advised Biden on handling classified documents found in his garage
• Asked if Biden or anyone instructed her to conceal or destroy classified material
• Asked if she conspired to hide information about Biden family business dealings

The committee’s frustration

Comer criticizes witnesses for refusing to answer basic questions:

• “It’s unbelievable that Ms. Tomasini and others refuse to answer basic questions about President Biden’s fitness to serve”
• “It’s apparent they would rather hide key information to protect themselves and Joe Biden”
• “There needs to be transparency and accountability”
• Committee will “continue to pursue the truth and examine options”

The interview schedule

Over dozen former Biden staffers scheduled for testimony:

• More than dozen former Biden staffers scheduled for transcribed interviews through September
• Only one witness has spoken so far: Neera Tanden
• Tanden served as staff secretary in Biden White House
• She was authorized to direct use of autopen

Tanden’s testimony

Staff secretary provided limited information about autopen use:

• Testified she had “minimal interaction” with Biden regarding mechanical signature
• Said she followed protocol for receiving approval for autopen use
• Approval came from Biden’s top aides according to Tanden
• Only witness to cooperate with committee so far

The previous Fifth Amendment cases

Two other witnesses refused to testify:

• Dr. Kevin O’Connor, Biden’s former physician, invoked Fifth Amendment rights July 9
• Anthony Bernal, chief of staff to former first lady Jill Biden, refused to speak July 16
• Bernal pleaded Fifth at his interview
• Comer said “other options on the table” if witnesses keep refusing

The Democratic defense

Texas congresswoman defends witnesses’ rights:

• Rep. Jasmine Crockett, Texas Democrat, was present for O’Connor and Bernal appearances
• After O’Connor took Fifth, said he was protecting himself from “rogue” Justice Department
• Crockett is member of Oversight panel
• Provided defense for witnesses invoking constitutional rights

Trump’s decision-making claims

Current president questions Biden’s role in key policies:

• Trump argued “there’s no way Mr. Biden was the one deciding to leave the border open”
• Suggested someone else was making decisions about millions of illegal immigrants
• Trump questioning who was actually running Biden administration
• Raised questions about Biden’s decision-making capacity

Biden’s denial

Former president issued statement defending his role:

• “Let me be clear: I made the decisions during my presidency”
• “I made the decisions about pardons, executive orders, legislation, and proclamations”
• “Any suggestion that I didn’t is ridiculous and false”
• Biden, 82, issued statement after questions multiplied over autopen use

The White House investigation

Current administration launches separate autopen probe:

• White House launched separate investigation into autopen use during Biden administration
• Requested documents from National Archives to review Biden’s signature
• Reviewing to evaluate if autopen was used without Biden’s knowledge
• Press secretary Karoline Leavitt provided details Thursday

The Trump administration policy

Current White House claims different approach to signatures:

• Leavitt said Trump does not rely on autopen for White House business
• “Any document that has legal implications, this president’s signature is on it”
• “He’s the one making the decisions”
• “It does not appear that was the truth in the previous White House”

Read more:

• Another ex-White House aide, Annie Tomasini, takes Fifth in House probe