Chairman Comer subpoenas former Biden adviser Anthony Bernal after he bails on interview
WASHINGTON, D.C. — House Committee on Oversight and Government Reform Chairman James Comer (R-Ky.) this week issued a subpoena to Anthony Bernal, former assistant to the president and senior adviser to the first lady, to appear for a deposition on July 16, 2025 as part of the Committee’s investigation into the cover-up of President Joe Biden’s mental decline and potentially unauthorized executive actions.
Bernal had confirmed his appearance for a voluntary transcribed interview on June 26, 2025, but after the White House Counsel’s office informed him it was waiving executive privilege for the Oversight Committee’s investigation, he refused to appear.
Read the subpoena cover letter to Anthony Bernal below.
Mr. Anthony Bernal C/O Mr. Jonathan Su Lathan & Watkins, LLP 555 11th Street, NW Suite 1000
Washington, D.C. 20004
Dear Mr. Bernal
June 26, 2025
On May 22, 2025, the U.S. House Committee on Oversight and Government Reform requested that you—because of your role as a senior aide to former President Joe Biden—appear for a transcribed interview on June 11, 2025, broadly regarding “the extent of your influence over the former President and your knowledge of whether the former President was personally discharging the duties of his office.”1 Given your close connection with both former President Biden and former First Lady Jill Biden, the Committee sought to understand if you contributed to an effort to hide former President Biden’s fitness to serve from the American people.
You have refused the Committee’s request. However, to advance the Committee’s oversight and legislative responsibilities and interests, your testimony is critical. Accordingly, please see the attached subpoena for testimony at a deposition on July 16, 2025.
On June 3, 2025, your counsel informed the Committee of your intention to cooperate with the Committee’s investigation and voluntarily sit for a transcribed interview. On June 6, your counsel offered a transcribed interview on June 26,2 more than two weeks after the date requested by the Committee’s May 22 Letter. On June 10, as an accommodation, the Committee agreed to June 26 for the transcribed interview.3
Your counsel also raised concern with the Committee’s practice of providing interview topics only one week in advance, arguing that such a timeline would not provide sufficient time to prepare you for the interview. While the Committee disagrees and believes one week is more than sufficient, to demonstrate good faith, it transmitted interview topics to your counsel on June 13—nearly two weeks prior to the agreed- upon interview date.4
1 Letter from James Comer, Chairman, H. Comm. on Oversight & Gov’t Reform, to Anthony Bernal (May 22, 2025) (hereinafter May 22, 2025, Letter). Additionally, the Committee previously requested and then compelled your testimony during the 118th Congress—on October 11, 2023, and July 10, 2024, respectively—and was stonewalled by the Biden White House.
2 E-mail from Jonathan Su, Latham & Watkins, LLP, to Committee staff (June 6, 2025). 3 E-mail from Committee staff to Jonathan Su, Latham & Watkins, LLP (June 10, 2025) 4 E-mail from Committee staff to Jonathan Su, Latham & Watkins, LLP (June 13, 2025).
On June 18, your counsel contacted the Committee to request a delay of approximately three weeks to prepare you for the transcribed interview with the Committee. The Committee declined this request and indicated that it intended to conduct the transcribed interview on the agreed-upon date.5
The Committee inquired of your counsel whether, if you were no longer willing to appear for the transcribed interview voluntarily, he was authorized to accept electronic service of a subpoena on your behalf.6 Within ten minutes of the Committee’s email, your counsel responded that “no subpoena is necessary.”7
On June 25, your counsel informed the Committee that you were no longer willing to appear voluntarily for the transcribed interview on the agreed-upon date: today, June 26. To avoid any further delays, your appearance before the Committee is now compelled.
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The Committee seeks information about your assessment of and relationship with former President Biden to explore whether the time has come for Congress to revisit potential legislation to address the oversight of presidents’ fitness to serve pursuant to its authority under Section 4 of the Twenty-Fifth Amendment8 or to propose changes to the Twenty-Fifth Amendment itself.
The Committee on Oversight and Government Reform is the principal oversight committee of the U.S. House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.9 Further, House Rule XI clause 2(m)(1)(B) grants Committees of the House of Representatives the authority “to require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents as it considers necessary.”10 If you have any questions regarding this subpoena, please contact Committee on Oversight and Government Reform Majority staff at (202) 225-5074.
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