Third Biden loyalist pleads the Fifth before House panel investigating his mental decline

Annie Tomasini, a longtime and trusted aide to former President Joe Biden, invoked her Fifth Amendment right against self-incrimination during a closed-door deposition with the House Oversight Committee on Friday, becoming the third former Biden White House official to do so as part of the panel’s sweeping probe into allegations of a cover-up regarding Biden’s cognitive health and the use of a presidential autopen for key executive actions near the end of his term.

Tomasini, who served as deputy chief of staff and assistant to the president, was subpoenaed to appear before the Republican-led committee as investigators examine whether members of Biden’s inner circle shielded evidence of the president’s alleged mental decline and took executive actions on his behalf—potentially including the signing of pardons and commutations through autopen without his direct approval.

Pattern of resistance emerges among Biden aides

Tomasini’s deposition follows similar moves earlier in the week by Anthony Bernal, former chief of staff to First Lady Jill Biden, and ex-White House physician Dr. Kevin O’Connor, both of whom also pled the Fifth Amendment rather than answer questions about the president’s fitness for office. Combined, the refusals have prompted accusations from Republican committee chairman James Comer of a “pattern of key Biden confidants seeking to shield themselves from criminal liability for this potential conspiracy”.

Committee Chairman Comer, R-Ky., stated, “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 than be truthful with the American people about this historic scandal. There needs to be transparency and accountability, and we will continue to pursue the truth and examine options to get the answers we need.”

What is The Fifth?
The Fifth Amendment to the United States Constitution is a key part of the Bill of Rights that protects individuals from being compelled to testify against themselves in criminal cases. Invoking "the Fifth," or "pleading the Fifth," allows a person to refuse to answer questions or provide information that could incriminate them during legal proceedings, such as court trials or congressional hearings. This protection is foundational to the American legal system and is commonly exercised during investigations when witnesses believe their testimony might lead to criminal liability.

Committee’s allegations and investigation
Committee staff questioned Tomasini on whether anyone from the Biden family or White House leadership had ever instructed her to mislead the public about Biden’s health, or if she participated in the concealment or destruction of classified documents discovered at Biden’s personal properties. Other lines of inquiry reportedly probed her involvement in potential efforts to hide information about the Biden family’s business dealings. Tomasini declined to answer all such questions.

The committee is also focused on the use of the presidential autopen for approving late-term pardons and commutations. While some aides have insisted that Biden gave full authorization and that all actions were legitimate and above board, Republicans have raised questions about the former president’s capacity to personally approve each action during his final weeks in office.

Biden and legal responses
In a recent interview with The New York Times, Biden firmly denied the allegations, insisting, “I made every decision,” and dismissed claims that aides acted without his approval as politically motivated “lies.” Biden explained that the autopen was used only for clerical convenience, not as a substitute for his direct authorization.

Tomasini’s lawyer, Jonathan Su, stated in correspondence with the committee that “there is no evidence of wrongdoing” by Tomasini and reiterated Biden’s public stance on the clemency decisions. Defense attorneys for various former aides have argued that invoking the Fifth is a constitutional right and not evidence of noncompliance or guilt.

Despite the mounting controversy, no direct evidence has yet been publicly presented that proves criminal wrongdoing by Tomasini or confirms that Biden was not involved in the executive decisions in question. The coming hearings are likely to put further pressure on former White House aides, with House investigators pledging further legal avenues to compel answers if necessary.