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House Oversight Committee to Subpoena Anthony Bernal After He Refuses to Testify on Biden’s Autopen Use and Mental Fitness

Following President Trump’s waiver of executive privilege, Chairman James Comer is moving to subpoena aides to determine who effectively directed key executive actions in President Biden’s final term

President Joe Biden and First Lady Jill Biden call children while watching the NORAD Santa Tracker at Camp David, Maryland on Sunday, December 24, 2023, where they are spending the Christmas holiday. (Official White House Photo by Adam Schultz)
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Neera Tanden, a top aide to former President Joe Biden, testified in front of the House Oversight Committee for more than four hours behind closed doors on Tuesday. She said she was allowed to use the autopen to automatically sign documents and said she never covered up Biden's health. (SUSAN WALSH/AP FILE)

Overview

  • Neera Tanden testified that she was authorized to use the autopen for certain documents from October 2021 to May 2023 but was unaware of who in the president’s inner circle granted final approval
  • President Trump’s counsel denied executive privilege for nine former Biden aides, clearing the way for unrestricted testimonies before the Oversight Committee
  • Anthony Bernal declined to appear for a transcribed interview after the privilege waiver, prompting Comer to announce an immediate subpoena to compel his testimony
  • The committee has scheduled further interviews with former aides including Annie Tomasini, Ashley Williams, Ron Klain and Anita Dunn, and a July deposition for Dr. Kevin O’Connor
  • Comer says the investigation aims to uncover whether Biden’s aides concealed concerns about his fitness and who was actually calling the shots during his last two years in office