Trump Waives Executive Privilege for Biden Aide Ahead of Autopen Hearings

President Trump’s White House has waived executive privilege for ex-Biden aide Neera Tanden, prompting her to testify freely before the House Oversight Committee. The move aligns with congressional demands related to President Biden’s mental fitness and the possible use of autopen signatures during his tenure.

Deputy Counsel Gary Lawkowski delivered a letter to Tanden on June 24, directing her to provide “unrestricted testimony” on matters concerning Biden’s fitness and autopen usage. The letter specified that Tanden may still withhold classified or legally protected information.

Tanden appeared before the GOP-led committee for a closed-door deposition. She confirmed her role as Staff Secretary from October 2021 to May 2023, stating she oversaw autopen signatures for specific documents—a protocol maintained by both Biden and previous administrations. She emphasized that Biden “was in command as President” and denied involvement in misuse of autopen after transitioning to head of the Domestic Policy Council.

Oversight Committee Chair James Comer (R–KY) stated the hearings aim to determine whether Biden’s aides concealed concerns about his cognitive health or improperly authorized autopen signatures. Tanden is the first of several former aides expected to testify, including Anthony Bernal and Ashley Williams.

Democrats have criticized the investigation as politically motivated. Rep. Wesley Bell (D–MO) called Tanden’s testimony “an extraordinary waste of time”.

The waiver signals a shift in executive privilege tactics. The Trump-era decision mirrors past precedent; administration officials have occasionally yielded privilege in the interest of facilitating congressional investigations.

With mental fitness and autopen use under scrutiny, observers predict the hearings will intensify as more Biden aides testify. The outcome could shape public perceptions of presidential accountability.

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