Joe Biden's Doctor Set to Testify Over His Health While President

Kevin O'Connor, former President Joe Biden's physician, is set to testify before the House Oversight Committee about Biden's health in office after President Donald Trump waived executive privilege for O'Connor, according to a letter obtained by Newsweek.

A White House spokesperson confirmed the letter was sent to O'Connor on Tuesday.

Newsweek has contacted O'Connor's lawyer for comment via an email sent outside regular business hours. The House Oversight Committee has also been contacted via email for comment.

Why It Matters

The House Oversight Committee subpoenaed O'Connor in June, ordering him to testify "as part of the investigation into the cover-up of President Joe Biden's cognitive decline."

Biden dropped his bid for reelection after a disastrous debate performance last year raised concerns about his age and mental fitness. But after leaving office, he has come under renewed scrutiny since revealing he had been diagnosed with an aggressive form of prostate cancer and the publication of books alleging a cover-up of Biden's decline while he was in office.

Republicans have said some policies carried out by the White House "autopen" may be invalid if it is proven that Biden was mentally incapacitated for some part of his term. Biden has strongly denied claims that he was not in a right state of mind at any point while in office, calling the claims "ridiculous and false."

What To Know

Trump determined that executive privilege is not justified due to the "unique and extraordinary nature of the matters under investigation," Gary Lawkowski, deputy counsel to the president, wrote in a letter to O'Connor. Fox News Digital and the Washington Examiner first reported on the letter.

"In light of the unique and extraordinary nature of the matters under investigation, President Trump has determined that an assertion of executive privilege is not in the national interest, and therefore is not justified, with respect to particular subjects within the purview of the House Oversight Committee," Lawkowski wrote in the letter.

"These subjects include your assessment of former President Biden's fitness for the office of the President and your financial relationship with the Biden family."

Lawkowski added: "After balancing the Legislative and Executive Branch interests, as required under the accommodation process, it is the President's view that this presents an exceptional situation in which the congressional need for information outweighs the Executive Branch's interest in maintaining confidentially, especially given the Executive branch's own interest in determining the validity of prior executive actions."

O'Connor had requested to delay his testimony, citing the need for an agreement that will respect doctor-patient confidentiality rules.

He sought a delay until the end of July or early August in order to reach an agreement "that will protect the very substantial privilege and confidentiality interests of Dr. O'Connor and former President Biden," according to a letter from his lawyer to sent to House Oversight Committee Chairman James Comer, the Associated Press reported.

The committee rejected the request, maintaining witnesses can assert privilege on a question-by-question basis, with the committee chair ruling on each claim. O'Connor is not allowed, in the committee's view, to delay or decline a congressional subpoena based on concerns over questions about potentially privileged information.

What People Are Saying

Gary Lawkowski, deputy counsel to the president, also wrote in the letter to O'Connorthat "given these extraordinary circumstances, including President Trump's determination on executive privilege, and having reviewed the scope of the House Oversight Committee's requested interview, the President authorizes you to provide unrestricted testimony to the House Oversight Committee, irrespective of potential executive privilege."

David Schertler, attorney for O'Connor, said in the letter to Comer that the committee was refusing to "accommodate to any degree Dr. O'Connor's objections" over protecting privilege.

He said the committee's decision was "unprecedented" and "alarming" and warned that it threatened broader principles around medical privacy.

House Oversight Committee Chairman James Comer wrote on X on Tuesday: "Joe Biden's top enablers can no longer hide behind the power of the presidency. Americans are fed up with the lies about Biden's obvious decline. @GOPoversight is bringing the truth to light. We won't tolerate obstruction. Joe Biden's doctor must appear tomorrow."

Former President Joe Biden said in a statement in June: "Let me be clear: I made the decisions during my presidency. I made the decisions about the pardons, executive orders, legislation, and proclamations. Any suggestion that I didn't is ridiculous and false."

What Happens Next

O'Connor is scheduled to testify before the committee on Wednesday.

Update 7/9/25, 11:12 a.m. ET: This article has been updated with a response from a White House spokesperson and additional information.