CEO of Bankrupt Steward Health Care Sues Senate Committee Over Contempt Allegations
ICARO Media Group
### Steward Health Care CEO Sues Senate Over Contempt Allegations
Ralph de la Torre, the outgoing CEO of bankrupt Steward Health Care, has filed a lawsuit against the Senate Committee on Health, Education, Labor, and Pensions (HELP), alleging that the committee is unlawfully infringing on his constitutional rights. The lawsuit, filed in federal court in Washington, D.C. on Monday, includes the committee and its individual members as defendants, except for Senator Rand Paul, who abstained from the contempt votes.
The lawsuit claims that the committee members are collectively punishing Dr. de la Torre for exercising his Fifth Amendment right not to self-incriminate. This legal action follows de la Torre’s decision to ignore a subpoena to testify before the Senate HELP committee regarding the financial collapse of the for-profit hospital operator Steward Health Care. De la Torre contended that appearing before the committee amid the ongoing bankruptcy proceedings would be “inappropriate.”
The Senate HELP committee had earlier voted to approve both criminal and civil contempt referrals for de la Torre in mid-September. The full Senate later unanimously decided to refer the criminal matter to the Department of Justice. If prosecuted and found guilty, de la Torre could face up to a year in prison.
William Burck, de la Torre's counsel, emphasized that individuals cannot be forced to testify when invoking their Fifth Amendment rights. Burck’s statement reflects his defense strategy, drawing on his experience with high-profile clients like Patriots owner Robert Kraft and former President George W. Bush.
On the other hand, lawmakers maintain that the Fifth Amendment does not justify ignoring a congressional subpoena. Senator Bernie Sanders, chairman of the Senate HELP committee, stated, "Dr. de la Torre is not above the law. If you defy a congressional subpoena, you will be held accountable, no matter who you are or how well connected you may be."
Legal expert Stan M. Brand, who has experience with contempt of Congress cases, predicted that de la Torre’s lawsuit has little chance of success. He argued that courts have consistently ruled against attempts to directly challenge congressional subpoenas.
The lawsuit surfaces at a critical juncture as the sale of six Steward hospitals in Massachusetts to nonprofit buyers is set to conclude, signaling the end of the company's operations in the state.