The Deposition of Anthony Bernal | The Biden Autopen Presidency

This video documents the House Oversight Committee’s deposition of Anthony Bernal, conducted on July 11th, 2025, under the committee’s broad investigative authority. According to the House Oversight Committee, the deposition was part of its investigation into President Biden’s alleged mental and physical decline, efforts to conceal it from the public, and unauthorized executive actions.

According to the House Oversight Committee, Bernal initially was requested to participate in a voluntary interview on May 22nd, 2025. The committee alleges that Bernal’s counsel confirmed his participation in a transcribed interview scheduled for June 26th, 2025, but canceled the day before the scheduled appearance. In response, according to the House Oversight Committee, Chairman James Comer issued a subpoena on June 26th, 2025, compelling Bernal’s testimony.

The deposition begins with standard procedures: Bernal, who served as assistant to the president and chief of staff to the First Lady, is sworn in under penalty of perjury. Chief Counsel Jake Greenberg, on behalf of the majority, outlines the ground rules, emphasizing that Bernal is required by law to answer questions truthfully and that knowingly providing false statements could result in criminal prosecution for perjury.

According to the House Oversight Committee, the majority’s questioning focuses on several key areas. The committee’s staff asks whether Bernal advised President Biden to pardon his son, Hunter Biden; whether President Biden was fit to exercise presidential duties; whether unelected officials or family members executed presidential duties; and whether President Biden instructed Bernal to lie regarding his health. To each question posed by the majority, according to the House Oversight Committee’s record, Bernal—on the advice of counsel—invokes his Fifth Amendment right against self-incrimination.

Counsel Jonathan Sue subsequently makes a statement on Bernal’s behalf. According to Sue’s remarks in the transcript, Bernal has served in three presidential administrations and the committee has sought his testimony for nearly two years “without any actual evidence of wrongdoing.” Sue argues that invoking Fifth Amendment rights is constitutionally appropriate, citing Ohio v. Reiner and noting that figures across the political spectrum have done so in congressional investigations.

The minority staff then enters multiple exhibits into the record. According to these documents presented by the House Oversight Committee, a Trump-allied prosecutor had announced plans to review Biden pardons; Trump posted on Truth Social describing alleged autopen use as “treason at the highest level” and calling for “something very severe” to happen to those responsible; and Trump later stated he had no evidence of illegal autopen use. Additionally, according to the exhibits entered, President Biden subsequently confirmed he personally made all clemency decisions.

In House Oversight Committee’s Own Words

“The committee is considering legislative solutions to address these issues, including exercising its authority under the 25th amendment to the Constitution.”

“You are required by law to answer questions from Congress truthfully. This also applies to questions posed by congressional staff in this deposition.”

“President Biden has already confirmed that he personally made all decisions concerning his grants of clemency.”

Why this matters: The deposition illuminates a significant constitutional and political moment. According to the House Oversight Committee’s investigation, questions about presidential fitness, the use of autopens for executive actions, and the scope of executive authority became the subject of congressional oversight and subsequent Justice Department investigation. The witness’s invocation of the Fifth Amendment throughout, according to the record, meant the committee’s core questions about alleged misconduct remained unanswered in this proceeding.