de la Torre v. Senate HELP Committee

Major Issue: Whether an individual, who previously indicated in writing an intent to assert a Fifth Amendment right against self-incrimination, can be compelled by a congressional subpoena to appear at a public hearing to assert that right.

Case Status:  Awaiting District Court ruling.

Case Description: On July 25, 2024, as part of an investigation into Steward Health Care LLC, a privately-owned hospital network that recently declared bankruptcy, the Senate Committee on Health, Education, Labor and Pensions (HELP) issued a subpoena to former Steward CEO Dr. Ralph de la Torre to appear at a September 12, 2024 hearing on how the bankruptcy was impacting patient care. On September 4, 2024, legal counsel for Dr. de la Torre informed the committee in writing that he would not appear at the hearing, citing his Fifth Amendment right against self-incrimination and ongoing bankruptcy proceedings. On September 5, 2024, the committee overruled his objections and ordered him to appear at the hearing to assert his Constitutional right in response to specific questions. When he failed to attend the hearing, on September 19, 2024, the HELP Committee unanimously voted for a resolution to hold Dr. de la Torre in contempt of Congress for defying the committee subpoena. On September 25, 2024, the full Senate voted unanimously for the contempt resolution and referred the matter to the U.S. Department of Justice for prosecution. On September 30, 2024, Dr. de la Torre filed this lawsuit against the Senate HELP Committee and its members to quash the subpoena, invalidate the Senate contempt resolution, and enjoin any committee enforcement actions, alleging they violated his Constitutional rights.

Procedural Posture: Federal D.C. District Judge Trevor N. McFadden was assigned to Case No. 1:24-cv-02776. On November 26, 2024, the Committee filed a motion to dismiss. De la Torre filed a memorandum in opposition, and the Committee replied. The case is awaiting the District Court’s ruling.