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Private Sector Subpoenas

de la Torre v. Senate HELP Committee

Major Issue: Whether an individual, who previously indicated in writing a general 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 in response to specific questions.

Case Status: District Court ruled in favor of the Committee and dismissed the case, but de la Torre has appealed.

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 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 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 at all, on September 19, 2024, the committee unanimously voted for a resolution to hold de la Torre in contempt of Congress for defying the 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, 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 enforcement actions, alleging they violated his Constitutional rights.

Procedural Posture: D.C. District Court 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. On September 16, 2025, the District Court ruled in the Committee’s favor and dismissed the case. De la Torre has appealed the ruling.

On September 30, 2024, Ralph de la Torre filed a lawsuit against the Senate Committee on Health, Education, Labor and Pensions (HELP) and its members to quash a subpoena requiring his appearance at a hearing, invalidate a Senate resolution finding him in contempt of Congress for defying the subpoena, and enjoin enforcement of the subpoena, alleging that compelling his testimony at a hearing violated his Constitutional rights when he previously indicated in writing a general intent to invoke his Fifth Amendment right against self-incrimination. In response, on November 26, 2024, the Committee filed a motion to dismiss. On December 10, 2024, de la Torre amended his complaint and on December 23, the Committee amended its motion to dismiss. Subsequently, on January 2, 2025, de la Torre filed a motion for Jurisdictional Discovery and four days later replied to the Amended Motion to Dismiss. The Committee submitted both its Response to Motion for Jurisdictional Discovery and its Reply Supporting Amended Motion to Dismiss on January 16, 2025. De la Torre’s Reply to Opposition for Motion for Jurisdictional Discovery was filed on January 23, 2025. On September 16, 2025, the District Court issued an opinion granting the Committee’s Motion to Dismiss, concluding that “the Constitution’s Speech and Debate Clause grants Congress absolute immunity from suits based on legislative actions.” De la Torre has appealed the ruling.

No proceedings to date.

No proceedings to date.