Annie Tomasini, a longtime aide and former deputy chief of staff to President Joe Biden, invoked her Fifth Amendment rights on Friday before the House Oversight Committee — making her the third Biden associate to do so in the committee’s ongoing investigation into concerns over Biden’s mental fitness and possible unauthorized executive actions.
Why It Matters
Led by Chairman James Comer (R-Ky.), House Republicans are investigating what they call a “cover-up” of Biden’s cognitive decline. The probe includes questions about the president’s use of an autopen to sign pardons, legislation, and executive orders. While Biden insists he made all final decisions, GOP lawmakers argue his physical absence in some signings raises constitutional and ethical concerns.
Tomasini declined to answer the committee’s questions, joining Biden’s former physician, Dr. Kevin O’Connor, and former First Lady Jill Biden’s aide, Anthony Bernal, who also invoked the Fifth in recent weeks. Their silence has fueled speculation from both parties and media outlets, with some alleging a coordinated effort to shield Biden and his aides from potential legal exposure.
Legal experts note that invoking the Fifth Amendment does not prove guilt. The constitutional protection prevents individuals from being forced to testify in ways that might incriminate them.
Background and Allegations
Chairman Comer said Tomasini was questioned on whether she was ever instructed to lie about Biden’s health, helped conceal classified documents, or participated in efforts to hide Biden family business dealings. She refused to answer on all counts.
The committee’s interest in Tomasini was sparked in part by a 2024 Axios report claiming she limited access to Biden and had unusual influence over who could reach the president. She held senior roles in Biden’s White House and Senate office, including director of Oval Office operations.
In a statement obtained by Newsweek, Tomasini’s attorney, Jonathan Su, said, “There is no actual evidence of wrongdoing by Ms. Tomasini,” adding that her appearance satisfied the committee’s demands. Su emphasized that invoking the Fifth is a constitutional right and “not an admission of guilt.”
Trump, Biden Respond
Former President Donald Trump seized on the controversy, calling the autopen allegations “one of the biggest scandals in 50 to 100 years,” suggesting Biden may not have even known what he was signing.
Biden, in a statement last month, strongly denied the accusations. “I made the decisions during my presidency. I made the calls on clemency, legislation, and executive orders. Any claim otherwise is false,” he said.
What’s Next?
Comer says nine more former Biden officials will be interviewed in the coming weeks as the investigation intensifies. Democrats have dismissed the probe as political theater, pointing out that digital signatures — a central part of the inquiry — are widely used across government. They also note that Trump himself invoked the Fifth more than 400 times during a civil probe into his business dealings.
Still, former federal prosecutor Gene Rossi told Newsweek that multiple former aides invoking the Fifth suggests serious legal concern: “They’re worried their answers could put them in legal harm’s way.”
As the investigation continues, pressure is building on the White House to provide clearer answers — even as many in the GOP push for more subpoenas and testimony ahead of the 2026 midterms.
