Latest news with #Bernal


Newsweek
5 days ago
- Politics
- Newsweek
Joe Biden's Associates Pleading Fifth Amendment Raises Red Flags
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. A former aide to ex-first lady Jill Biden invoked his Fifth Amendment privilege during testimony before the House Oversight Committee on Wednesday, raising red flags for some amid a probe pertaining to concerns over former President Joe Biden's health. Legal analysts, however, reiterated to Newsweek that taking the Fifth does not necessarily mean witnesses are guilty of any crime. Why It Matters Anthony Bernal, who served as an aide to Jill Biden, invoked the Fifth Amendment just days after Joe Biden's former doctor, Kevin O'Connor, did the same during the hearing into the "investigation into the cover-up of President Joe Biden's mental decline and potentially unauthorized executive actions." The move raised eyebrows among conservatives, who have alleged Biden officials sought to cover up concerns over whether the former president was experiencing a mental decline while in office. The investigation also focuses on pardons allegedly signed by autopen, which have come under GOP scrutiny. What To Know Pleading the Fifth refers to the Fifth Amendment of the U.S. Constitution, which states that no individual shall be "compelled in any criminal case to be a witness against himself." Bernal's invocation of the amendment drew scrutiny from conservatives, with Representative James Comer of Kentucky, who leads the House committee, writing in a statement, "During his deposition today, Mr. Bernal pleaded the Fifth when asked if any unelected official or family members executed the duties of the President and if Joe Biden ever instructed him to lie about his health." "This is a historic scandal and Americans demand transparency and accountability. We will continue to pursue the truth on their behalf and examine options to get the answers we need," he wrote. Representative Byron Donalds, a Florida Republican, shared similar sentiment, writing to X, formerly Twitter, that Bernal "couldn't answer A SINGLE QUESTION." Joe Biden associates pleading the Fifth raises alarms for Republicans. Joe Biden associates pleading the Fifth raises alarms for Republicans. Newsweek Illustration/Canva/Getty/AP Newsroom Representative Nancy Mace, a South Carolina Republican, wrote on X, "If there's nothing to hide, why plead the Fifth? The American people deserve answers and we will get to the truth." Legal analysts told Newsweek that pleading the Fifth does not necessarily mean a person believes they have committed a crime. "If someone pleads the fifth, that indicates that they are worried that their answers could put them in legal harm's way. If you get immunity, you cannot plead the fifth. But if you don't get immunity, you plead the fifth because you are concerned that your answers could [cause] criminal charges to be brought against you," former federal prosecutor Gene Rossi told Newsweek. Pleading the Fifth "makes perfect sense" in light of Trump's retribution promises, Rossi said. The move is not surprising, former federal prosecutor Neama Rahmani also told Newsweek on Wednesday. "It has less to do with them being guilty than it has to do with their legal exposure. [President Donald] Trump and his Department of Justice officials have made public statements indicating that they may go after Biden appointees," he said. There is a "real" risk of political retribution, he said, noting that testifying before the GOP-led Congress "is a no-win situation" for ex-Biden officials and "can only create evidence that can be used against them." Conversely, Michael McAuliffe, ex-federal prosecutor and former elected state attorney, told Newsweek that he invocations surprised him. "The fact that two former Biden aides invoked their fifth amendment rights against self-incrimination in congressional investigation depositions is surprising," he said. "As to the former White House physician, his attorney stated the invocation was to avoid releasing patient-doctor information. If that's so, invoke that privilege, not a right against self-incrimination." They could be pleading the Fifth for tactical reasons—not necessarily based on evidence of criminal liability, McAuliffe said, adding that is not "technically the correct method of protecting a client from an investigation, but it might prove effective in the event the congressional inquiry proves overly partisan, or excessively punitive." Whether there is a potential crime to support the invocation, however, is "speculative at best," McAuliffe said. Lawyers for both Bernal and O'Connor also asserted that pleading the Fifth does not mean their clients committed a crime. "We want to emphasize that asserting the Fifth Amendment privilege does not imply that Dr. O'Connor has committed any crime," O'Connor's lawyers said in a statement last week. The use of the Fifth Amendment is certainly nothing new in today's political climate. Several former Trump officials who testified before the House committee investigating the January 6 siege on the U.S. Capitol waged by the president's supporters frequently invoked the Fifth during questioning. Trump himself invoked the Fifth 450 times during New York Attorney General Letitia James' investigation into his businesses, reported NBC News. Rossi said that those testifying before the January 6 committee viewed it as a "witch hunt" aimed at establishing criminality, so it was "justified" for them to plead the Fifth as well. What People Are Saying Representative Pat Fallon, a Texas Republican, wrote to X: "These are simple questions... If Joe Biden was really 'healthy, active, robust,' why take the Fifth? This is a pretty unconvincing cover-up." McAuliffe also told Newsweek: "The invocation of the fifth amendment right against self-incrimination is a bedrock constitutional right and courts tend to broadly define it. However, 'pleading the fifth' has become a tactic of choice when being subpoenaed to testify about executive activities, and particularly, in politicized scenarios like a congressional inquiry run by one party." Bernal's attorney, Jonathan Su, said in a statement reported by The Hill: "Under these circumstances, it is entirely appropriate and justified for Mr. Bernal to invoke his rights under the Fifth Amendment to the Constitution." What Happens Next House Republicans will likely continue their investigations of the Biden administration over the coming months. Comer told ABC News that former Vice President Kamala Harris and Jill Biden should both be subpoenaed. "So we're going to bring in everyone. We're moving up the line," Comer said.

6 days ago
- Politics
Jill Biden aide invokes Fifth to decline testimony in Republican investigation
WASHINGTON -- A former senior aide to Jill Biden on Wednesday became the second person to invoke the Fifth Amendment and decline to answer questions from House Republicans who are investigating President Joe Biden's mental state and use of the autopen while in office. Anthony Bernal, who previously served as chief of staff to former first lady Jill Biden, was subpoenaed for his testimony by the House Oversight Committee. He declined to answer questions, invoking the protections that prevent people from being forced to testify against themselves in government proceedings. 'Well, unfortunately, that was quick,' said Rep. James Comer, chair of the House Oversight Committee, after the deposition ended. "I believe the American people are concerned. They're concerned that there were people making decisions in the White House that were not only unelected but no one to this day knows who they were.' Bernal ignored questions from reporters as he entered and exited the House Oversight Committee's hearing room on Capitol Hill. He was accompanied by his lawyer, Jonathan Su, who was a deputy White House counsel to the former president. Su in a statement provided to the committee noted that pleading the Fifth is not evidence of wrongdoing. The former president has dismissed the inquiries as legally spurious. In a recent interview with the New York Times, Biden said that he delegated responsibilities when necessary as president but was actively involved and knowledgeable of all of his administration's actions, including on granting clemency. 'I consciously made all those decisions,' Biden said. Comer has has sought testimony from nearly a dozen former Biden aides as he conducts his investigation, including former White House chiefs of staff Ron Klain and Jeff Zients; former senior advisers Mike Donilon and Anita Dunn; former deputy chief of staff Bruce Reed, former counselor to the president Steve Ricchetti, former deputy chief of staff Annie Tomasini and a former assistant to the president, Ashley Williams. On Tuesday, Comer also subpoenaed Annie Tomasini, a former White House deputy chief of staff, to appear before the committee on July 18. She is the third former official to be subpoenaed by the committee. Democrats have been dismissive of the Republican probe as mere political theater. 'They still look like losers,' said Rep. Jasmine Crockett, D-Texas, who sat in on Bernal's committee deposition. But many Republicans see the investigation as a top priority for their caucus and a politically salient issue for voters ahead of the midterm election. The Trump White House has launched its own probe into Biden's age while Senate Republicans have also held hearings on the topic. 'This is corruption at the highest level, because if you cannot answer a simple question about Joe Biden's capabilities, then that further demonstrates that he was not in charge of his administration,' said Rep. Byron Donalds, R-Fla., who sat in on Bernal's deposition. Donalds said 'every member of the Biden administration, at this point, needs to be subpoenaed,' including Vice President Kamala Harris and Jill Biden. Comer did not rule out seeking testimony from Harris or members of Biden's family. 'We're going to bring in everyone. We're moving up the line," Comer said. "We've started with the lower level staffers that we think were the ones that actually put the documents in the autopen and pressed power. Now we're moving up to the people that we think told the staffers to use the autopen." 'So we'll we'll see where that takes us,' Comer said. "But I think the possibility is very good that we'll be asking members of the family to come in.'


Winnipeg Free Press
6 days ago
- Politics
- Winnipeg Free Press
Jill Biden aide invokes Fifth to decline testimony in Republican investigation
WASHINGTON (AP) — A former senior aide to Jill Biden on Wednesday became the second person to invoke the Fifth Amendment and decline to answer questions from House Republicans who are investigating President Joe Biden's mental state and use of the autopen while in office. Anthony Bernal, who previously served as chief of staff to former first lady Jill Biden, was subpoenaed for his testimony by the House Oversight Committee. He declined to answer questions, invoking the protections that prevent people from being forced to testify against themselves in government proceedings. 'Well, unfortunately, that was quick,' said Rep. James Comer, chair of the House Oversight Committee, after the deposition ended. 'I believe the American people are concerned. They're concerned that there were people making decisions in the White House that were not only unelected but no one to this day knows who they were.' Bernal ignored questions from reporters as he entered and exited the House Oversight Committee's hearing room on Capitol Hill. He was accompanied by his lawyer, Jonathan Su, who was a deputy White House counsel to the former president. Su in a statement provided to the committee noted that pleading the Fifth is not evidence of wrongdoing. The former president has dismissed the inquiries as legally spurious. In a recent interview with the New York Times, Biden said that he delegated responsibilities when necessary as president but was actively involved and knowledgeable of all of his administration's actions, including on granting clemency. 'I consciously made all those decisions,' Biden said. Comer has has sought testimony from nearly a dozen former Biden aides as he conducts his investigation, including former White House chiefs of staff Ron Klain and Jeff Zients; former senior advisers Mike Donilon and Anita Dunn; former deputy chief of staff Bruce Reed, former counselor to the president Steve Ricchetti, former deputy chief of staff Annie Tomasini and a former assistant to the president, Ashley Williams. On Tuesday, Comer also subpoenaed Annie Tomasini, a former White House deputy chief of staff, to appear before the committee on July 18. She is the third former official to be subpoenaed by the committee. Democrats have been dismissive of the Republican probe as mere political theater. 'They still look like losers,' said Rep. Jasmine Crockett, D-Texas, who sat in on Bernal's committee deposition. But many Republicans see the investigation as a top priority for their caucus and a politically salient issue for voters ahead of the midterm election. The Trump White House has launched its own probe into Biden's age while Senate Republicans have also held hearings on the topic. 'This is corruption at the highest level, because if you cannot answer a simple question about Joe Biden's capabilities, then that further demonstrates that he was not in charge of his administration,' said Rep. Byron Donalds, R-Fla., who sat in on Bernal's deposition. Donalds said 'every member of the Biden administration, at this point, needs to be subpoenaed,' including Vice President Kamala Harris and Jill Biden. Comer did not rule out seeking testimony from Harris or members of Biden's family. 'We're going to bring in everyone. We're moving up the line,' Comer said. 'We've started with the lower level staffers that we think were the ones that actually put the documents in the autopen and pressed power. Now we're moving up to the people that we think told the staffers to use the autopen.' 'So we'll we'll see where that takes us,' Comer said. 'But I think the possibility is very good that we'll be asking members of the family to come in.' ___ Associated Press writer Michelle L. Price contributed reporting.


Hamilton Spectator
6 days ago
- Politics
- Hamilton Spectator
Jill Biden aide invokes Fifth to decline testimony in Republican investigation
WASHINGTON (AP) — A former senior aide to Jill Biden on Wednesday became the second person to invoke the Fifth Amendment and decline to answer questions from House Republicans who are investigating President Joe Biden's mental state and use of the autopen while in office. Anthony Bernal, who previously served as chief of staff to former first lady Jill Biden , was subpoenaed for his testimony by the House Oversight Committee. He declined to answer questions, invoking the protections that prevent people from being forced to testify against themselves in government proceedings. 'Well, unfortunately, that was quick,' said Rep. James Comer , chair of the House Oversight Committee, after the deposition ended. 'I believe the American people are concerned. They're concerned that there were people making decisions in the White House that were not only unelected but no one to this day knows who they were.' Bernal ignored questions from reporters as he entered and exited the House Oversight Committee's hearing room on Capitol Hill. He was accompanied by his lawyer, Jonathan Su, who was a deputy White House counsel to the former president. Su in a statement provided to the committee noted that pleading the Fifth is not evidence of wrongdoing. The former president has dismissed the inquiries as legally spurious. In a recent interview with the New York Times, Biden said that he delegated responsibilities when necessary as president but was actively involved and knowledgeable of all of his administration's actions, including on granting clemency. 'I consciously made all those decisions,' Biden said. Comer has has sought testimony from nearly a dozen former Biden aides as he conducts his investigation, including former White House chiefs of staff Ron Klain and Jeff Zients; former senior advisers Mike Donilon and Anita Dunn; former deputy chief of staff Bruce Reed, former counselor to the president Steve Ricchetti, former deputy chief of staff Annie Tomasini and a former assistant to the president, Ashley Williams. On Tuesday, Comer also subpoenaed Annie Tomasini, a former White House deputy chief of staff, to appear before the committee on July 18. She is the third former official to be subpoenaed by the committee. Democrats have been dismissive of the Republican probe as mere political theater. 'They still look like losers,' said Rep. Jasmine Crockett , D-Texas, who sat in on Bernal's committee deposition. But many Republicans see the investigation as a top priority for their caucus and a politically salient issue for voters ahead of the midterm election. The Trump White House has launched its own probe into Biden's age while Senate Republicans have also held hearings on the topic . 'This is corruption at the highest level, because if you cannot answer a simple question about Joe Biden's capabilities, then that further demonstrates that he was not in charge of his administration,' said Rep. Byron Donalds , R-Fla., who sat in on Bernal's deposition. Donalds said 'every member of the Biden administration, at this point, needs to be subpoenaed,' including Vice President Kamala Harris and Jill Biden. Comer did not rule out seeking testimony from Harris or members of Biden's family. 'We're going to bring in everyone. We're moving up the line,' Comer said. 'We've started with the lower level staffers that we think were the ones that actually put the documents in the autopen and pressed power. Now we're moving up to the people that we think told the staffers to use the autopen.' 'So we'll we'll see where that takes us,' Comer said. 'But I think the possibility is very good that we'll be asking members of the family to come in.' ___ Associated Press writer Michelle L. Price contributed reporting. Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .


New York Post
6 days ago
- Politics
- New York Post
Jill Biden's ‘work husband' Anthony Bernal takes the Fifth in House GOP probe of Biden health cover-up
WASHINGTON — Jill Biden's 'work husband' Anthony Bernal became the second former White House aide to take the Fifth Amendment when hauled before a congressional committee Wednesday to answer questions about the 46th president's cognitive decline. Bernal — who, like Joe Biden's former personal physician Kevin O'Connor, appeared for a deposition — invoked his right against self-incrimination and departed without taking reporter questions. Oversight Chairman James Comer (R-Ky.) said he only got to ask two questions of the Biden family confidant: 'Was Joe Biden fit to exercise the duties of the president?' and 'Did any unelected official or family member execute the duties of the presidency?' 3 Anthony Bernal, aide to former first lady Jill Biden, arrives to testify before the House Oversight Committee Wednesday, July 16, 2025, on Capitol Hill in Washington. AP 3 Bernal became the second former White House aide to plead the Fifth Amendment when questioned about former President Biden's cognitive decline. AP 'I think that the American people are concerned,' Comer added. 'They're concerned that there were people making decisions in the White House that were not only unelected but no one to this day knows who they were.' Rep. Byron Donalds (R-Fla.) said Bernal's hasty retreat implicates him in 'corruption at the highest level.' 'If you cannot, say, answer a simple question about Joe Biden's capabilities, then that further demonstrates that he was not in charge of his administration,' Donalds told reporters. 'And if he was not in charge of his administration, then every order, every bill that was signed, every memorandum, as far as I'm concerned, are null and void.' 3 Bernal departed without taking reporter questions. AP Donalds, who is running for governor of Florida next year, added that Jill Biden herself should 'come in here and answer questions' after her deputy declined to do so. The Oversight chairman noted that his panel would continue with its transcribed interviews and depositions of key Biden White House aides to determine the scale of the purported cover-up of the president's mental decline, as well as potential 'illegal use of the autopen' to grant pardons.