Former President Joe Biden‘s doctor, Kevin O’Connor, is emerging as a central figure in the widening investigations into the final years of the Biden administration — but he’s also shaping up to be the most legally insulated witness for Republican lawmakers to question.
The House Oversight Committee, led by Chairman James Comer (R-KY), subpoenaed O’Connor last week after he refused to participate in a voluntary interview, part of a growing effort to determine whether his aides or family members concealed signs of Biden’s cognitive decline or covertly utilized an autopen to sign various policies without the then-president’s full awareness. Biden, who was recently diagnosed with aggressive prostate cancer, was aided by O’Connor throughout his presidency, and his doctor swore last year that his patient was fit to lead the country amid rising public concerns.
Serving as Biden’s doctor since former former President Barack Obama‘s first term in 2009, O’Connor’s knowledge about Biden’s cognitive fortitude would likely help investigators determine whether aides conspired behind the scenes to dispel allegations about his mental decline. But because of medical ethics guidelines and the Health Insurance Portability and Accountability Act, experts told the Washington Examiner the GOP-led committee may not extract as many details as they would like from the ordinarily invaluable witness.
“Unless Biden authorizes disclosure, his physician simply can’t speak about his health conditions,” said Sharona Hoffman, professor of law and bioethics at Case Western Reserve University. “HIPAA absolutely applies, and that is a right that Biden himself has.”
House Republicans are not alone in their investigative efforts. President Donald Trump last week ordered Attorney General Pam Bondi, in coordination with his White House counsel, to investigate “the circumstances surrounding Biden’s supposed execution of numerous executive actions during his final years in office,” according to a statement from the White House. The Senate is also slated to hold a hearing on June 18 to investigate whether aides coordinated to cover up Biden’s health concerns.
Silence doesn’t mean guilt — but critics may spin it that way
Hoffman emphasized that O’Connor is legally bound by both federal and state medical confidentiality laws. Even if he were inclined to answer, doing so without Biden’s consent could result in professional ruin.
“The doctor would probably lose his license if he started talking,” Hoffman said. “There are state medical boards that oversee physician conduct, and if the president’s doctor said, ‘I have a lot to tell you,’ and started disclosing everything publicly, they would discipline him and likely strip him of his license to practice medicine.”
She also noted that O’Connor’s potential silence would not be construed as evasive, even if it could be seen that way from a political angle.
“This is just for show,” Hoffman said, dismissing the efficacy of the investigations into Biden, who has also publicly denied claims that any aides misused the autopen for policy decisions.
“Trump is trying to undo things that Biden did on the grounds that he was cognitively impaired when he did them,” Hoffman added. “And they’re going to have a show of the doctor saying, ‘I’m not going to tell you,’ which in some circles will reinforce the notion that he’s hiding something.”
Pleading the 5th is unlikely — unless stakes escalate
Los Angeles trial attorney Jamie Wright agreed House Republicans may try to frame O’Connor’s potential silence as suspicious, but that doesn’t make it legally actionable.
“House Republicans may be eager to put Dr. Kevin O’Connor under oath, but the legal landscape they’re stepping into is anything but straightforward,” Wright told the Washington Examiner. “HIPAA doesn’t grant absolute immunity, but it sets firm boundaries. Physician-patient confidentiality is not just a courtesy — it’s a well-established legal and ethical norm.”
Wright said Congress must present a compelling legislative purpose, “not just a fishing expedition dressed up as oversight.”
She added that if investigators push the boundaries — such as suggesting O’Connor misrepresented Biden’s capacity to govern — the doctor could invoke his 5th Amendment rights.
“Dr. O’Connor invoking the Fifth would be unusual, but not impossible,” Wright said. “If the Committee edges into territory that suggests criminal exposure — say, misrepresentation of the president’s capacity to govern — then it’s on the table. But without a solid foundation, that move could fall flat and look defensive rather than justified.”
Public health reports open limited lines of inquiry
John Shu, a constitutional law expert and former official in both Bush administrations, said the Oversight Committee can still pursue some questions without violating privilege — if they stay away from medical content.
“They can ask him for general observations that are not within the patient-doctor privilege,” Shu said. “For example, what did he see of President Biden while in the West Wing? Did Biden forget people’s names or struggle to communicate? There’s no privilege there.”
Shu added that lawmakers could scrutinize O’Connor’s public health reports, which were released with Biden’s permission.
“The committee members could just take Dr. O’Connor’s letters or reports and go through them line by line,” he said. “They could ask, ‘Were you telling the whole truth when you said Biden is ‘fit for duty without exemption,’ and if not, what did you misrepresent or leave out?’”
Those statements, Shu said, fall outside the scope of medical privacy protections because “the President would have had to waive privilege in order to publish those reports or letters.”
Investigators can gain more by questioning the public record
Wright said House investigators could avoid most legal minefields by sticking to questions of process and protocol rather than health.
“The smarter route for the Committee would be to target procedural details,” she said. “Who authorized what? Who relayed instructions? What protocols were in place when the autopen was used? These questions steer clear of privileged medical information and get at operational accountability.”
That approach may lack dramatic flair but could build a record about who was exercising presidential authority behind the scenes. Shu agrees, though he’s skeptical it will lead to major revelations.
“I’m not convinced the committee is going to get a lot from Dr. O’Connor,” Shu said. “But as a matter of proper investigation, they have to at least depose him. Every time he refuses to answer, it’s politically harmful to the Bidens.”
O’Connor’s past business dealings fall outside medical privilege
One avenue Republicans are pursuing involves allegations of business ties between O’Connor and the Biden family, an issue entirely separate from discussions of the president’s health and therefore not protected by doctor-patient confidentiality.
“There are allegations that Dr. O’Connor went into some kind of business deal with the Biden family,” said Shu. “That’s definitely not covered under patient-doctor privilege. If Dr. O’Connor tried to enter or entered into a business deal with any member of the Biden family, the committee members may properly ask questions about that.”
According to a report last year from Politico, in 2017 O’Connor introduced Biden’s brother Jim to a military-focused medical team and participated in meetings related to securing Veterans Affairs contracts. These business relationships have stirred concerns about potential conflicts of interest, and they provide a legitimate line of inquiry for the House Oversight Committee.
Biden’s doctor just one figure in a growing, multipronged investigation
The committee this week scheduled transcribed interviews with four former White House aides who worked closely with Biden during the period under scrutiny. Neera Tanden, Anthony Bernal, Ashley Williams, and Annie Tomasini are all scheduled to appear under oath between June 24 and July 18.
Several others have been asked to testify or provide information, including former chief of staff Ron Klain, senior advisers Anita Dunn and Mike Donilon, and former counselor Steve Ricchetti.
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Many of these officials are referenced in Original Sin, a new book by Axios’s Alex Thompson and CNN’s Jake Tapper, which alleges that Biden’s inner circle orchestrated an extensive effort to conceal the president’s cognitive struggles.
O’Connor is slated to appear for a transcribed interview with House investigators on June 25.
