Former President Biden’s White House physician, Kevin O’Connor, refused to answer questions for the House Oversight Committee’s investigation into the White House and Democratic cover-up of Biden’s mental decline and disability. News accounts from the Axis keep stating that Biden’s condition and a cover-up are “alleged” only, but res ipsa loquitur: what we already know, have witnessed and heard tells us all we need to know except the who, how, and how long. Biden was (is ) suffering from dementia of one kind or another. His condition was carefully, if insufficiently, hidden from the public. The fact that his power had to be exercised by unelected figures using the President as their agent, puppet or beard constitutes at least as great a scandal as Watergate, and perhaps a more substantial attack on our democracy.
This betrayal of the public trust requires at least as thorough an investigation as that definitive scandal in the Nixon White House received. Democrats, however, unlike the Republicans of the Watergate era, are refusing to do their duty and assist in the inquiry, probably because they have metaphorical blood on their hands. They were complicit. They were guilty. The House inquiry includes questions about whether Biden’s staff used the autopen to illegally carry out official actions in Biden’s name. One would think both Democrats and Republicans would be concerned about this. Apparently not. Make of that what you will.
In refusing to testify, Biden’s doctor cited both physician-patient privilege and his Fifth Amendment right against self-incrimination. His lawyers read a statement to that effect at the start of his scheduled closed-door deposition; O’Connor had been subpoenaed by Republicans on the oversight panel. He served all four years as Mr. Biden’s doctor in the White House, and if anyone can definitively answer the question of just how incapacitated Biden was, he can. And he should.
Yes indeed, he is “bound” by doctor-patient privilege. but then lawyer John Dean was also bound by privilege when he blew the whistle on his client and the Watergate mess on national TV. Dean was a patriot, and regarded his own career as secondary to the needs of his nation. At the time, no exceptions to the D.C. Rules of Professional Conduct would permit Dean to testify as he did, resulting in his disbarment in the District and Virginia. Dean was part of the conspiracy, regretted it, and did the right and courageous thing. O’Connor is doing the narrowly compliant thing; he is a coward and a villain. This is an excellent example of the Ethics Incompleteness Principle. Following the professional ethics rules in the case of Biden’s doctor yields an unethical result. In such cases, a special exception is warranted because the usually valid principle of doctor-patient privilege doesn’t work. The nation, the Constitution, the public trust, the need to punish those responsible for an unforgivable, long-lasting, dangerous wrong must be held accountable.
Like Dean, the doctor needs to come clean.
As for his taking the Fifth, that’s his right. As his right, that he invokes it should not and must not be assumed to be evidence of guilt. Nevertheless, appearances can’t be ignored. Representative James Comer (R-Ky), the Oversight Committee chairman, said, “It’s clear there was a conspiracy to cover up President Biden’s cognitive decline after Dr. Kevin O’Connor, Biden’s physician and family business associate, refused to answer any questions and chose to hide behind the Fifth Amendment. The American people demand transparency, but Dr. O’Connor would rather conceal the truth.”
Not to be cynical here, but it has long been clear that there was a conspiracy to hide Biden’s incapacity. We know, don’t we, that the doctor lied to the public, many times? Nothing in his job as a physician required him to say anything about his patient’s health in public; he could have refused, and allowed everyone to make whatever assumptions about his silence they chose. Instead O’Connor lied, which is not an element of a doctor’s ethical duty. O’Connor’s Fifth Amendment stance, however, can’t be used as an indictment. Does it raise suspicion? Sure it does; taking the Fifth always does that. But a right is a right.
Ethics Alarms 
I wonder about the doctor patient privilege when he had previously made public statements about Biden’s health over the years. It seems to me Biden waived that right when he ran for President. Wasn’t Trump cajoled into taking a cognitive test whose results were later on public display?
Who exactly employs the White House medical team? Does the Biden family cover all those costs and if not how is reporting health data to the public much different than a medical practitioner reporting health information to an insurer for the purpose of determining suitability for coverage. The public has a need to know to determine the degree of risk for whom they are voting or otherwise allowing to hold power.
“how is reporting health data to the public much different than a medical practitioner reporting health information to an insurer for the purpose of determining suitability for coverage.”
When signing up to a medical insurance scheme last year I had to sign a form allowing the insurance company to access my medical records. No signature would have meant no insurance.
The only way around the situation be having a law making anyone wanting to be President sign a form allowing all their medical records public.
Is there still doctor patient confidentiality after the patient is dead?
I would think so, since attorney-client confidentiality still applies after the client is dead.
There is a big difference between Kevin O’Connor and John Dean. John Dean was a lawyer. Attorney client privilege is recognized by the federal government. The federal government does not recognize doctor patient privilege. In court and before congress, a doctor cannot be granted immunity from testimony. They are compelled to testify.
But the point is that Dean did testify and did break privilege, in part leading to his disbarment. As for the physician-patient privilege, like the Attorney-client privilege it comes from the common law. The Supreme Court, as far as I know, has never weighed in on it, and if I were this doctor’s lawyer, I’d regard this as an excellent opportunity.
FWIW, even without Doctor-Patient Confidentiality, I would think that Doctor O’Connor is still bound by HIPPA rules, and thus releasing anyone’s personal medical information without consent could indeed be a violation of federal law. That would make the 5A plea completely valid and appropriate since refusing to answer IS the means to avoid incriminating himself.
–Dwayne
Dwayne,
Thanks. Your explanation makes sense.
Errol,
I expect you are correct from a legal standpoint. However, because the people provide the medical services in the White House I believe one can make the case that the President’s health is of public interest and thus his use of this private personal physician paid by the taxpayer would suggest that such a benefit might require health disclosures to the public. If that is not the case, then I see no reason why we need a standby medical team for the president.
It should be noted that his physician has released glowing health reports for Biden. The issue at hand is determining if he lied to the people for the purpose of allowing unelected personnel to run the government. I can see that Biden was diminished I don’t need the medical history to show that. The public is not interested in the details of his condition. The public is concerned about the usurpation of the office. The doctor is hiding behind doctor patient privilege to hide his own corruption which is why he took the fifth.
I know that taking the fifth does not mean you are guilty of something but when it walks like a duck . . . you know the rest.
I understand the doctor-patient privilege refusal to testify. However, my understanding of the Fifth Amendment is that it can be invoked to prevent the possible self-incrimination and potential exposure to criminal prosecution. It cannot be used in civil proceedings, for example, divorce proceedings.
Additionally, it cannot be used if the person exercising the 5th Amendment did not potentially break the law, such as a journalist refusing to reveal a source in court proceedings.
If my understanding of the law is correct, then taking the 5th suggests that the doctor may have broken a law regarding Biden’s cognitive function. If this is correct, then what crime did the doctor potentially commit?
More precisely, it suggest that the Dr. might be prosecuted by mean Republicans who will try to prove he has broken the law based on what he admits or says.
My understanding is that the 5th Amendment can indeed be invoked during civil proceedings, but that adverse inferences may be drawn as a result. In criminal proceedings, the jury may not infer guilt based on a witness’ taking the Fifth, but in civil proceeding, they may infer that a truthful answer would be detrimental to their case.
Hence the Obama IRS official responsible for illegally hamstringing Tea Party groups before the 2012 election pleaded the Fifth before Congress like the good doctor, and Congressional hearings aren’t criminal tribunals.
I compare this to accountants who are supposed to verify that the financial statements companies make are indeed accurate. that in addition to being loyal to the company that pays them they have a fiduciary duty to the public. Furthermore they can be charged with fraud or what ever.
I suppose the dr taking the 5th, makes it more difficult to prosecute, but not impossible.
Accountants have what we call in the ethics biz an inherent conflict of interest. Their duty is to the public, not the company that pays them.