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
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