The infamous CEO of a failing hospital system is suing an entire Senate committee after being held in contempt of Congress, with civil and criminal charges unanimously approved by the full Senate last week.
In a federal lawsuit filed Monday, Steward CEO Ralph de la Torre alleged that the senators had “razed [his] constitutional rights” as they attempted to “pillory and crucify him as an abhorrent criminal” in a “televised circus.”
The Senate Judiciary Committee – the Committee on Health, Education, Labor and Pensions (HELP), led by Bernie Sanders (I-Vt.) – issued a rare subpoena to de la Torre in July, compelling him to testify before lawmakers . They tried to question the CEO about the deterioration of his hospital system, which previously included more than 30 hospitals in eight states. Steward filed for bankruptcy in May.
Endangered patients
The commission alleges that De la Torre and Steward executives reaped millions in personal profit by hollowing out health care facilities and even selling the land out from under them. The mismanagement put them under such financial strain that a doctor at a Steward hospital in Louisiana said they had been forced to practice “Third World medicine.” A lawmaker in that state who investigated conditions at the hospital described Steward's executives as “health care terrorists.”
Furthermore, the financial pressure on hospitals is said to have led to the avoidable deaths of 15 patients and placed more than 2,000 other patients in “imminent danger”. As hospitals cut back on services, closed departments or shut down completely, hundreds of healthcare workers were laid off and communities were denied access to care. Nurses who remained in faltering facilities testified to dire conditions, including running out of basic amenities such as beds. At a Massachusetts hospital, nurses were forced to place the remains of newborns in cardboard shipping boxes because Steward did not pay a vendor for funeral boxes.
Meanwhile, records show that de la Torre and his companies have received at least $250 million in recent years and that he bought a 60-meter yacht for $40 million. Steward also owned two private jets with a combined value of $95 million.
While de la Torre initially agreed to testify before the committee at the September 12 hearing, the wealthy CEO withdrew the week before. He claimed that a federal court order related to the bankruptcy case prevented him from speaking about the matter; furthermore, he invoked his Fifth Amendment right to avoid self-incrimination.
The HELP Committee rejected de la Torre's arguments, saying there were still relevant topics he could safely discuss without violating the order and that his Fifth Amendment rights did not allow him to refuse to appear before Congress when he summoned by summons. Still, the CEO didn't show up and the Senate moved forward with the contempt charges.
“This is not the way this works”
In the lawsuit filed today, De la Torre argues that senators are trying to punish him for invoking his constitutional rights and that the hearing was “simply a means for the committee to launch attacks.” [him] and try to publicly humiliate and condemn him.”
The indictment describes De la Torre as having a “distinguished career adorned with countless achievements,” while accusing senators of portraying him as “a villain and scapegoat.”[ing] him for the company's problems, even those caused by systemic flaws in Massachusetts' health care system.” Had he appeared at the Congressional hearing, he would not have been able to defend himself against the personal attacks without being forced to exercise his constitutional rights to give up, the lawsuit argues.
'Indeed, the committee has made it abundantly clear that it supports Dr. de la Torre would submit [of the Fifth Amendment] himself at the heart of their television circus and portray him as guilty of the sin of silence in the face of these attacks on his character and integrity,” the complaint reads.
De la Torre wants the federal court to quash the Senate committee's subpoena, impose both contempt charges and declare that the Senate committee violated his Fifth Amendment rights.
Outside lawyers are skeptical that this will happen. The lawsuit is a “Hail Mary play,” said Stan M. Brand, a lawyer who represented former Trump White House official Peter Navarro in a contempt of Congress case. De la Torre's case “has very little chance of success — I would say no chance of success,” Brand told the Boston Globe.
“Every time someone has tried to sue the House or Senate directly to challenge a congressional subpoena, the courts have said, 'That's not the way this works,'” Brand said.
