Attorney for Biden's Ex-Doctor Calls House GOP's Move 'Unprecedented'

Former President Joe Biden's physician has requested a delay in his scheduled testimony before the House Oversight Committee, with his attorney calling the Republican approach "unprecedented" and "alarming."

Newsweek reached out to a spokesperson for Biden via email on Monday for comment.

Why It Matters

This legal standoff represents a critical test of medical privacy rights versus congressional oversight powers.

The dispute has broader implications for methods employed by House Republicans in their investigation of Biden's mental fitness during his presidency, as some say that White House policies implemented through "autopen" technology could be invalid if the former president was mentally incapacitated.

The investigation gained momentum following Biden's widely criticized debate performance against Donald Trump in Atlanta in June 2024, where the then-81-year-old president appeared to struggle with coherent responses and spoke hoarsely. Biden's team attributed his performance to a cold and jet lag. The case also sets a precedent for how Congress can compel medical professionals to testify about their patients.

What To Know

Dr. Kevin O'Connor, who served as Biden's physician at the White House, requested a delay until the end of July or early August "to reach an accommodation that will protect the very substantial privilege and confidentiality interests of Dr. O'Connor and former President Biden," according to a letter sent by his lawyer to Republican Representative James Comer of Kentucky on Saturday, obtained by the Associated Press (AP).

The House Oversight Committee rejected the delay request, maintaining that witnesses can assert privilege on individual questions during testimony, with the committee chair ruling on each claim. Republicans argue that O'Connor cannot decline a congressional subpoena based on concerns of potentially privileged information.

David Schertler, attorney for O'Connor, said in the letter that the committee is refusing to "accommodate to any degree Dr. O'Connor's objections" over protecting privilege. He called the committee's decision "unprecedented" and "alarming" and warned that it threatened broader principles around medical privacy. Schertler warned that O'Connor could face "serious consequences" for violating his obligations as a doctor, including the loss of his medical license.

The House committee first requested O'Connor's testimony before the committee in July 2024, but the Biden administration blocked it. Comer renewed his request in May of this year and subpoenaed the doctor in June. In last month's subpoena, Comer said that claims of physician-patient privilege under the American Medical Association's code of ethics "lack merit" because that code is not part of federal law.

The Oversight Committee also plans to probe O'Connor about "his private endeavors with the Biden family's business schemes," according to a panel press release. Comer has asked O'Connor for "all documents and communications in his possession related to his involvement in the Biden family's financial activity," according to the release. There is no evidence to back up claims that the Biden family or O'Connor were a part of any business "schemes."

The Trump White House has waived executive privilege for almost 10 senior former Biden staffers, clearing the path for them to discuss details of their conversations with Biden while he was president.

What People Are Saying

Biden, the day after his 2024 debate with Trump, told a crowd of supporters in North Carolina: "I know I'm not a young man, to state the obvious. I don't walk as easy as I used to. I don't speak as smoothly as I used to. I don't debate as well as I used to. But I know what I do know: I know how to tell the truth. I know right from wrong. And I know how to do this job. I know how to get things done. And I know, like millions of Americans know, when you get knocked down, you get back up."

Biden has since strongly denied claims that he was not in a right state of mind while in office, calling the allegations "ridiculous and false."

In a letter to O'Connor, Comer wrote in 2024: "After a concerning debate performance by President Biden against former President Donald Trump on June 27, journalists have rushed to report on what Americans have seen plainly for years: the President appears unwell."

The congressman added: "Americans question President Biden's ability to lead the country, and the Committee on Oversight and Accountability is investigating circumstances surrounding your assessment in February...The Oversight Committee is concerned your medical assessments have been influenced by your private business endeavors with the Biden family."

Representative Marjorie Taylor Greene, a Georgia Republican who sits on the Oversight Committee, wrote on X, formerly Twitter: "We look forward to talking with President Biden's physician."

What Happens Next

The committee plans to proceed with O'Connor's testimony under standard House deposition rules, despite his attorney's objections. Comer has promised to make all findings public in a report after the inquiry.

The House panel has also subpoenaed Anthony Bernal, ex-chief of staff to former first lady Jill Biden, and requested testimony from nearly a dozen former senior Biden aides, including Ron Klain and Jeff Zients, former chiefs of staff.

Update 07/07/25, 8:22 p.m. ET: This article has been updated with additional information.

The AP contributed to this article.