WashingtonAs part of the probe into former President Joe Biden’s health while in office, his doctor has requested a postponement of his appearance before the House oversight committee this week, citing the need for an agreement that will adhere to doctor-patient confidentiality standards.
In a letter to Rep. James Comer of Kentucky on Saturday, Dr. Kevin O. Connor, Biden’s White House physician, asked for a postponement until the end of July or early August in order to reach an agreement that would safeguard the former president’s and Dr. O. Connor’s very significant privilege and confidentiality interests. A copy of the letter was acquired by the Associated Press.
According to a representative for Oversight Republicans, the committee would adhere to the House’s deposition rules, which let witnesses to invoke privilege on an individual basis, with the chair of the committee making the final decision on each claim. However, the committee believes that O’Connor cannot postpone or reject a congressional subpoena because of worries about possibly privileged material.
With significant political and policy ramifications, the back-and-forth is a part of a larger dispute over the parameters of the House Republican investigation into Biden’s age and mental health. Republicans have also asserted that if it is established that Biden was mentally ill for a portion of his term, then some of the White House administration’s policies may be void.
Biden has vehemently refuted allegations that he was mentally ill during his time in government, describing them as “ridiculous and false.”
O Connor was first asked to speak before the House Oversight Committee in July of last year, but his testimony was prevented by the Biden White House. In May, Comer extended his request, and in June, he subpoenaed the physician.
In the letter, O’Connor’s lawyer, David Schertler, stated that the committee is not making any effort to address Dr. O’Connor’s concerns about privilege protection. The committee’s conclusion, he added, was frightening and unprecedented, and he cautioned that it endangered more general medical privacy norms.
According to Scherlter, O Connor can lose his medical license and face other severe repercussions for breaking his duties as a physician.
Comer stated in a June subpoena of O Connor that since the American Medical Association’s code of ethics is not incorporated into federal law, assertions of physician-patient privilege under it are without substance. According to him, the committee’s subpoena satisfies the American Medical Association’s own mandate that doctors divulge a patient’s medical records if they are legally required to do so or directed to do so by a legally recognized body.
Comer has pledged that after the investigation is complete, the committee would publish a report that includes all of its conclusions. O’Connor and Anthony Bernal, the former chief of staff to former First Lady Jill Biden, have been subpoenaed by him. Neera Tanden, the former head of Biden’s domestic policy counsel, testified voluntarily before the committee last month.
Nearly a dozen former senior Biden aides have also been asked to testify by the committee, 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 president Steve Ricchetti’s counselor; former deputy chief of staff Annie Tomasini; and President Ashley Williams’ former assistant.
For nearly ten key former Biden workers, the Trump White House has waived executive privilege, a principle that shields many interactions between the president and staff from the courts and Congress. This action makes it possible for those employees to talk about their interactions with Biden throughout his presidency.
The current administration decides whether to waive the privilege, even though it may extend to former employees.
