Trump Waives Executive Privilege Protection For Biden Aide Ahead Of Cognitive Fitness Hearings
President Donald Trump formally waived executive privilege protections for former Biden White House official Neera Tanden on Tuesday, allowing her to testify without restriction before the House Oversight Committee’s investigation into Joe Biden’s mental fitness and the use of autopen signatures during his presidency.
Trump’s deputy counsel, Gary Lawkowski, notified Tanden in a letter delivered the same day she appeared for a closed-door interview on Capitol Hill. Lawkowski wrote that “the extraordinary nature” of the investigation justified waiving privilege and that Congress was entitled to full and unrestricted testimony.
“The President authorizes you to provide unrestricted testimony to the House Oversight Committee, irrespective of potential privilege,” the letter stated.
While Tanden was cleared to testify freely, she was cautioned not to disclose classified material or violate any legal restrictions. Her testimony is the first in a series of high-profile interviews as part of the GOP-led probe into whether Biden was capable of executing the duties of the presidency and whether White House staff used autopen signatures to cover for his cognitive decline.
Other former Biden staffers scheduled to appear before the committee include Anthony Bernal, Ashley Williams, and Annie Tomasini—all of whom played key roles during Biden’s presidency. Chairman James Comer (R-KY) has also subpoenaed former White House physician Dr. Kevin O’Connor.
“There’s a huge level of curiosity—both in Congress and in the press—about who was really calling the shots in the Biden White House,” Comer said. “This is only the beginning.”
Tanden served as White House Staff Secretary from October 2021 to May 2023, during which time she was authorized to oversee the autopen process for what she described as “certain categories” of documents. She insisted the system was inherited from prior administrations and denied any role in autopen use during her later position as Domestic Policy Council Director.
In her opening statement, Tanden claimed that President Biden “was in command” and dismissed the investigation as politically motivated. “My cooperation should not be taken to mean I believe this investigation is worthwhile,” she said.
Democrats echoed that sentiment. Rep. Wesley Bell (D-MO) dismissed the hearing as “an extraordinary waste of time.”
The investigation has gained steam following Biden’s withdrawal from the 2024 race, which came after a disastrous debate performance against now-President Trump. Public concern over Biden’s mental decline intensified with the release of special counsel Robert Hur’s interview audio and reports of a deliberate effort to shield Biden from scrutiny.
Senate Republicans are now launching a parallel inquiry, while President Trump has ordered a separate review into the legality of executive actions approved by autopen during Biden’s tenure—arguing they may be invalid if not properly authorized.
Biden has denied the allegations, issuing a defiant statement: “Let me be clear: I made the decisions during my presidency… Any suggestion that I didn’t is ridiculous and false.”