Former White House Staff Secretary and Domestic Policy Council Director Neera Tanden was informed that executive privilege did not apply to her testimony Tuesday before a congressional investigation into President Joe Biden’s mental fitness and his potential use of autopen signatures on major executive actions.
In a letter sent the same day as Tanden’s closed-door interview with the GOP-led House Oversight Committee, Deputy White House Counsel Gary Lawkowski stated that the “extraordinary nature” of the inquiry warranted an “accommodation” for Congress.
The letter, obtained by Semafor, also noted that the White House was not requesting agency counsel to be present during her testimony.
“[T]he President authorizes you to provide unrestricted testimony to the House Oversight Committee, irrespective of potential privilege,” Lawkowski wrote.
However, Tanden was cautioned that she was not authorized to disclose classified information or any details that could violate the law or existing court orders, according to a footnote in the letter.
Tanden is among several senior former Biden White House officials scheduled to testify before the House Oversight Committee in the coming weeks. Others include Anthony Bernal, former Assistant to the President and Senior Advisor to the First Lady; Ashley Williams, former Special Assistant to the President and Deputy Director of Oval Office Operations; and Annie Tomasini, former Assistant to the President and Deputy Chief of Staff.
Chairman James Comer (R-KY), who requested their testimony, has also issued a subpoena to former White House physician Dr. Kevin O’Connor.
“I think there is a huge level of curiosity in the press corps with respect to who was calling the shots in the Biden administration,” Comer told reporters before the interview with Tanden. “So this is the first of many people we’re going to bring in to try to get the answers for the American people.”
Lawkowski indicated that executive privilege would likely be waived for the other former Biden White House staffers as well, arguing that Trump’s position aligns with the precedent set during the previous administration.
In her opening statement, obtained by Axios, Tanden stated that during her tenure as staff secretary from October 2021 to May 2023, she was authorized to direct autopen signatures for “certain categories” of documents—a process she described as part of a system “inherited” from previous administrations.
She added that she had no further involvement with the autopen after becoming head of the Domestic Policy Council in May 2023, through the end of Biden’s term.
