Biden’s Final Days: Probes Into Health, Pardons, and Power Spark Constitutional Debate

Former President Joe Biden’s exit from the White House in January 2025 hasn’t quieted the storm of questions surrounding his health and decision-making in his final days. The House Oversight Committee, under Chairman James Comer, is digging deep into what they call a potential cover-up of Biden’s mental decline, with a focus on whether his inner circle manipulated processes to mask his condition. This week, the committee heard from Neera Tanden, former Domestic Policy Council director, who revealed she had minimal direct contact with Biden despite her significant authority. Her testimony raised eyebrows about who was truly steering the ship in the Biden administration.

The probe is zeroing in on the use of an autopen—a tool that mimics the president’s signature—allegedly used to sign off on critical orders without Biden’s direct involvement. Comer’s team has secured voluntary testimony from aides like Ashley Williams and Annie Tomasini, but Anthony Bernal, a key aide to former First Lady Jill Biden, dodged a voluntary interview, prompting a subpoena. Biden’s former White House physician, Kevin O’Connor, also faces a subpoena after declining to testify.

Meanwhile, the Senate Judiciary Committee held a heated hearing titled “Unfit to Serve”, exploring whether Biden’s health issues endangered national security. Experts, including Heritage Foundation’s Theodore Wold, labeled the situation a constitutional crisis. Republican senators slammed Democrats for largely boycotting the session, with Vermont’s Sen. Peter Welch and Illinois’ Sen. Dick Durbin making brief appearances before walking out. Durbin called the hearing a distraction from pressing issues like political violence and immigration policies.

Biden’s health took center stage again with his May 2025 diagnosis of aggressive prostate cancer, with metastasis to the bone. Comer is now probing the timeline of Biden’s cancer awareness, pointing to a 2022 speech where Biden claimed he had cancer, only for the White House to backtrack. This has fueled speculation of a long-term cover-up. Adding to the scrutiny, Biden’s final weeks in office saw him grant over 1,500 pardons, including a controversial one for his son, Hunter Biden, who faced felony gun and tax charges. Notably, only Hunter’s pardon was hand-signed; the rest relied on the autopen, raising questions about Biden’s capacity.

The Justice Department is reviewing these pardons, including those for Dr. Anthony Fauci and others tied to the Jan. 6 investigations, as Comer pushes for potential reforms to the Twenty-Fifth Amendment to address presidential fitness. The investigations signal a broader reckoning with how power was wielded in Biden’s final days—and who was really in charge.