President Donald Trump has declined to extend executive privilege to nine former senior aides of President Joe Biden, opening the door for their full participation in a congressional investigation into Biden’s mental fitness. The House Oversight Committee is probing whether Biden’s staff helped conceal signs of cognitive decline.
Former Biden domestic policy adviser Neera Tanden was the first to testify Tuesday. Trump’s White House sent her attorneys a letter stating privilege would not apply due to the “exceptional circumstances,” citing the constitutional implications of allegedly concealed presidential incapacity.
Other aides set to testify include Ron Klain, Anita Dunn, Bruce Reed, and Jill Biden adviser Anthony Bernal. Normally, current presidents preserve executive privilege for their predecessors, but Trump’s decision mirrors Biden’s own 2021 move to deny privilege to Trump aides in the Jan. 6 investigation.
Legal scholars say the move is rare and potentially retaliatory. Biden’s office declined to comment, while Tanden’s draft statement said she saw no signs that Biden was unfit for office.
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