Steward Health Care CEO files a lawsuit against a US Senate panel over contempt resolution
Source: AP
Updated 6:33 PM EDT, September 30, 2024
BOSTON (AP) Steward Health Care CEO Ralph de la Torre filed a lawsuit Monday against a U.S. Senate committee that pursued contempt charges against him for failing to appear before the panel despite being issued a subpoena.
The lawsuit, filed in federal court in Washington, named nearly all members of the Health, Education, Labor and Pensions Committee, including Sen. Bernie Sanders, who chairs the committee which has investigated Stewards bankruptcy. The lawsuit claims that the lawmakers are unlawfully violating de la Torres constitutional rights.
It alleges that the members of the committee, by trying to compel de la Torre to answer questions about Stewards bankruptcy, are collectively undertaking a concerted effort to punish Dr. de la Torre for invoking his Fifth Amendment right not to be compelled . . . to be a witness against himself.
De la Torre is asking the court to declare that all actions related to enforcement of the subpoena are invalid and unconstitutional including the vote of the committee on Sept. 19 approving the criminal contempt resolution and its decision to present the resolution to the full Senate for a vote.
Read more: https://apnews.com/article/steward-health-care-ceo-sues-senate-a5ac78dadabdc913f3998118b7a3abd6
bucolic_frolic
(46,256 posts)JT45242
(2,753 posts)He can invoke his fifth amendment Right to literally every question.
"On the advice of counsel, I am invoking my fifth amendment Right not to answer that question."
He can answer that a thousand times in a row.
But you cannot ignore the subpoena (unless if course you are a Republican Congress critter like jacket off gym Jordan).
Those are the rules. We saw it in the Jan 6 committee videos. You have to show up and put on the record your invoking the fifth.
LymphocyteLover
(6,406 posts)erronis
(16,630 posts)Jacson6
(634 posts)I guess if you have a lot of money to burn on attorneys then this is the way to do it!
GB_RN
(3,030 posts)The ability to issue subpoenas, by both the House and Senate, has been upheld at the DC Court of Appeals and in SCOTUS rulings. Although in the Mazars case (Cantaloupe Caligula the Corpulents former accountant), the Roberts court held that Congress subpoenas are legitimate, but in issues that involve separation of powers, courts must
apply a tailored analysis to determine whether such subpoenas are valid.
This assclown doesnt meet that standard. Hes not in the same galaxy. Hell, hes not even in the same universe as a separation of powers issue.
This asshat needs to just sit down and STFU.
FakeNoose
(35,122 posts)But he didn't show and NOW he's in deep, deep shit.