If an infantry company commander had concerns about the mental or physical fitness of one of his platoon leaders, he could ask a military doctor to evaluate him and report his findings to the commander. The doctor couldn’t assert a doctor/patient privilege or medical confidentiality rules because the fitness of military officers to perform their duties is vital to the effectiveness of the unit. That’s why there’s no doctor/patient privilege in either federal law or military law.
But what if the one with questionable mental or physical abilities is not a platoon leader but the commander-in-chief? Can the doctor refuse to disclose the president’s medical condition? Are the national security implications of the president’s fitness for duty less important than a platoon leader’s? That’s the question that is headed to a showdown between Dr. Kevin O’Connor, former President Joe Biden’s White House doctor, and Rep. James Comer, chair of the House Oversight and Government Reform Committee.