Five former aides to President Joe Biden are facing the threat of subpoena ahead of a Thursday evening deadline to comply with a widening autopen investigation launched by House Republicans.
House Oversight Committee Chairman James Comer (R-KY) is leading the investigation into whether Biden personally approved controversial last-minute executive actions, especially a series of preemptive pardons, using a mechanical signature device known as an autopen.
His delegation of authority has fueled GOP claims that unelected officials effectively ran the presidency behind the scenes amid new claims of a White House cover-up into Biden’s mental acuity.
“The American people deserve to know who was calling the shots,” Comer said last week, adding that his committee stands ready to escalate if cooperation isn’t forthcoming.
While the autopen has long been legal, Republicans argue it becomes constitutionally questionable if the president didn’t authorize its use personally. A Biden spokesperson has previously pushed back on reporting about his mental acuity, telling the press that “evidence of aging is not evidence of mental incapacity.”
Four out of the five former Biden White House officials tapped for congressional interviews have made initial contact with the committee via their lawyers since the chairman sent his letters on May 22, a source familiar with the panel’s work told the Washington Examiner.
However, no contact had been received as of Thursday evening from Kevin O’Connor, the longtime Biden physician who once touted the former president as “fit” to fulfill his duties during his single term in office. Earlier this month, Biden revealed he had been diagnosed with an aggressive form of prostate cancer.
“We expect all witnesses to fully comply with the Committee’s investigation. The Committee will issue subpoenas if necessary,” the source said.
The White House aides under scrutiny
Anthony Bernal – A longtime aide to Jill Biden and a top figure in the East Wing, Bernal’s rise to power made him one of the most influential staffers in the White House, according to Original Sin, the book by journalists Jake Tapper and Alex Thompson that alleged the cover-up.
Colleagues dubbed him the “leader of the loyalty police” for enforcing allegiance to the Biden family. GOP investigators believe Bernal may have exercised decision-making powers reserved for the president, especially amid mounting concerns over Biden’s health.
Annie Tomasini – As Oval Office operations director, Tomasini was among Biden’s closest aides and gatekeepers.
Her pandemic-era proximity to the president, and her control over document routing, has placed her under scrutiny over whether she coordinated or facilitated autopen use without Biden’s direct involvement.
Neera Tanden – As Biden’s former domestic policy adviser, Tanden was involved in shaping executive actions and clemency policy.
House investigators want to know whether she played a role in directing or endorsing actions the president may not have authorized himself.
Ashley Williams – A deputy to Tomasini, Williams was involved in scheduling and document preparation in the West Wing.
Her proximity to internal processes makes her a key figure in understanding how executive orders and pardons were reviewed, finalized, and signed, and whether she was “running interference” for Biden to “minimize signs of how age has taken a toll” on the former president, according to a letter sent by the committee.
Dr. Kevin O’Connor – Biden’s longtime physician, O’Connor is being asked to explain his February 2024 memo declaring the president “fit to successfully execute the duties of the Presidency,” even as internal reports and a subsequent cancer diagnosis have fueled Republican claims of a cover-up.
The committee is also investigating his personal and financial ties to the Biden family.
The findings so far on Biden’s autopen usage
The committee’s investigation is focused on the 32 clemency warrants issued using an autopen out of 57 total pardons and commutations during Biden’s presidency. Many were signed in bulk between Jan. 16 and Jan. 19, just before Donald Trump’s inauguration, raising questions about whether Biden approved them or whether aides acted without explicit direction.
Kyle Brosnan, chief counsel at the Oversight Project, a former division of the Heritage Foundation that has been investigating Biden’s autopen usage for months, previously told the Washington Examiner the implications have major implications for the office of the president.
“The Constitution vests the power of pardon in one person and one person only — the President of the United States,” he said. “If it’s autopenned, it opens up a whole can of worms. Did the president authorize this? Was there a written authorization? Who controlled the autopen?”
Brosnan also said those who received preemptive pardons, including Hunter and James Biden, should be considered for testimony. “They’re certainly eligible to be deposed in this situation, and they cannot assert the Fifth Amendment for these pardons,” he added.
More aides could soon receive letters
Though not yet subpoenaed, other former Biden insiders have been floated as possible witnesses:
Ron Klain, who served as Biden’s chief of staff from 2021 to 2023, oversaw internal policy coordination and likely had insight into the president’s capabilities and awareness after he briefly returned to his side for his 2024 election debate preparation last June.
Mike Donilon, Biden’s senior adviser and longtime confidant, shaped the president’s public messaging and may have known about the inner circle’s handling of key decisions.
Anita Dunn, another senior adviser, worked closely with both Joe and Jill Biden and has been mentioned in media reports as a central player in managing Biden’s appearances and communication strategy.
Bob Bauer, Biden’s personal attorney and former White House counsel, may have reviewed the legal processes behind the pardons, particularly those issued preemptively.
Karine Jean-Pierre, as press secretary, may have knowledge of how Biden’s health and executive actions were portrayed publicly and discussed internally.
Jill Biden, the first lady, has been described as a “chief denier” of the president’s decline and a key voice in pushing for his reelection, raising questions about her influence on internal decision-making.
Hunter Biden, whose sweeping 11-year pardon is among the most controversial, is likely to draw scrutiny over the circumstances of its issuance.
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For now, the focus remains on the five officials contacted earlier this month. If they do not confirm cooperation by Thursday evening, Comer and his staff are prepared to escalate.
“We’re continuing our investigation to expose the truth,” Comer said earlier this month. “Now that Biden’s top enablers can no longer hide behind the power of the presidency, we’re moving forward.”
