Anthony Bernal Invokes Fifth Amendment Repeatedly During House Deposition, Is Excused

Anthony Bernal, a former White House aide who served as assistant to the president and chief of staff to the first lady, appeared for a deposition before the House Committee on Oversight and Government Reform on July 11, 2025, and repeatedly invoked his Fifth Amendment right against self-incrimination when asked about President Joe Biden's fitness for office and other matters. The committee excused Bernal after determining he intended to decline to answer further questions under advice of counsel.

The deposition was convened under the committee's authority pursuant to House Rule 10, which the committee staff cited at the start of the session. Jake Greenberg, chief counsel for investigations for Chairman James Comer, told the witness the committee had noticed the deposition on July 11, 2025, and had issued a subpoena on June 26, 2025, after a voluntary interview originally scheduled for June 26 was canceled.

Why it matters: The committee is investigating allegations raised by its majority about President Biden's mental and physical fitness, the White House's handling of that issue, and the use of post-presidential authority including pardons and a contested "auto pen" signing process. Bernal's decision to invoke the Fifth Amendment meant no substantive answers were taken at this deposition, and the committee instead recorded his repeated refusals and the counsel statement entered on the record.

Most of the committee's questions went unanswered. When asked whether he had ever advised President Biden to pardon Hunter Biden, Bernal replied, "On the advice of counsel, I respectfully decline to answer the question pursuant to my Fifth Amendment rights under the Constitution." He used substantially identical language when asked whether President Biden was fit to exercise presidential duties and whether any unelected official or family member executed presidential duties. Each time the committee sought clarification that Bernal was invoking the Fifth Amendment to avoid self-incrimination, Bernal responded, "On the advice of counsel, I respectfully decline to answer the question pursuant to my Fifth Amendment rights under the Constitution." These exchanges were recorded verbatim by the court reporter.

Bernal's counsel, Jonathan Hsu, read a statement to the committee characterizing Bernal's public service and arguing that invocation of the Fifth Amendment was appropriate given a pending Justice Department inquiry referenced in committee discussion. Hsu said, "Mister Bernal has served with distinction in three presidential administrations, most recently as assistant to the president and chief of staff to the first lady," and told the committee Bernal would respectfully decline to answer questions for the reasons stated. Counsel for Bernal entered a series of exhibits into the record, including news articles, a presidential memorandum dated June 4, 2025, and a letter from Gary Lukowski described as informing the witness that former President Trump would not assert executive privilege in this matter.

Committee staff reviewed deposition procedures and rules on privilege before questioning. The committee staff also read a portion of committee rule guidance on asserting privilege (committee rule 16(c)(1)) and warned the witness that objections must be stated concisely and on the record. The proceeding was structured in alternating one-hour rounds for majority and minority questioning; before questioning began, the committee told the witness that the record would be made available only through the official process and that revealing deposition contents prior to official release could violate House rules.

After Bernal repeatedly declined to answer substantive questions and his counsel confirmed his intention to continue to invoke the Fifth Amendment, committee staff told him that pursuant to the subpoena's terms he was excused. The committee did not take any testimony from Bernal on the topics the majority raised during questioning.

The transcript and exhibits entered by counsel refer to an ongoing Justice Department inquiry and several media reports and posts, which counsel argued justified Bernal's decision to assert his constitutional rights. Committee staff noted the Justice Department had been asked to investigate the matter. The deposition record shows no vote or other formal committee action beyond issuing the subpoena, conducting the deposition, and excusing the witness after his repeated invocations of the Fifth Amendment.

Looking ahead: The committee may pursue additional subpoenas, documents, or witness interviews. The deposition record shows the committee has compiled a set of exhibits and intends to proceed with its investigation, but this session produced no sworn answers from Bernal about the committee's central questions.