Politico reported that Kevin O’Connor, the doctor who served as former President Joe Biden’s physician, invoked the Fifth Amendment when asked to testify about Biden’s mental health.
The House Oversight Committee has started an investigation into Biden’s mental abilities during his presidency, as information has leaked since he left office.
O’Connor Wednesday morning asserted doctor-patient privilege and his Fifth Amendment right against self-incrimination, according to a statement from his attorneys. He had repeatedly argued his duties as a doctor complicated his ability to testify under oath about his patient, preventing him from sharing some sensitive information.“On the advice of his legal counsel, Dr. O’Connor refused to answer questions that invaded the well-established legal privilege that protects confidential matters between physicians and their patients,” the statement read. “His assertion of his right under the Fifth Amendment to decline to answer questions, also on the advice of his lawyers, was made necessary by the unique circumstances of this deposition.The statement also cited President Donald Trump’s own invocation of his Fifth Amendment right before his deposition with New York State Attorney General Letitia James, quoting Trump’s suggestion that only “an absolute fool” would refuse to take the Fifth.
I don’t like to jump to conclusions when people invoke the Fifth because I know I would to save myself from possible charges and whatnot.
Invoking the Fifth does not prove or disprove anything. Please do not forget that.
The term “doctor-patient privilege” is not in HIPAA. Instead, HIPAA protects patient confidentiality and privacy. HIPAA and privilege are separate in the law.
State laws govern the doctor-patient privilege. Washington, DC, has a doctor-patient privilege law that prohibits a physician from releasing information gathered in a professional relationship unless the patient gives consent for its release.
I’m not sure how it applies to this investigation, though. Rule 501 under the Federal Rules of Evidence allows common law principles, and in civil cases, state law applies to them.
It’s possible Attorney General Pam Bondi could grant O’Connor immunity, but the doctor-patient privilege scenario still exists. It’s a slippery slope, no matter your thoughts on Biden and the mess within his White House.
I honestly don’t know how O’Connor can get around it without breaking doctor-patient privilege, which exists for a president.
A president has the right to medical privacy like everyone else, but the president is also not an ordinary citizen.
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