Ralph de la Torre v. Bill Cassidy
CourtCourt of Appeals for the D.C. Circuit
Date FiledJuly 31, 2026
Docket25-5353
StatusPublished
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Full Opinion
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Argued April 7, 2026 Decided July 31, 2026
No. 25-5353
RALPH DE LA TORRE, M.D.,
APPELLANT
v.
BILL CASSIDY, M.D., IN HIS CAPACITY AS CHAIRMAN OF THE
COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS
OF THE UNITED STATES SENATE, ET AL.,
APPELLEES
Appeal from the United States District Court
for the District of Columbia
(No. 1:24-cv-02776)
Derek L. Shaffer argued the cause for appellant. With him
on the briefs were Christopher G. Michel, William A. Burck,
Alexander Merton, Rachel G. Frank, and Kaylee A.
Otterbacher.
Vivian M. Rivera, Assistant Legal Senate Counsel, Office
of Senate Legal Counsel, argued the cause for appellees. With
her on the brief were Morgan J. Frankel, Senate Legal
Counsel, Patricia M. Bryan, Deputy Senate Legal Counsel, and
Thomas E. Caballero, Assistant Senate Legal Counsel.
2
Before: HENDERSON, MILLETT, and GARCIA, Circuit
Judges.
Opinion for the Court filed by Circuit Judge MILLETT.
MILLETT, Circuit Judge: In 2024, Steward Health Care
System, LLC, a nationwide healthcare system, filed for
bankruptcy. The U.S. Senate Committee on Health, Education,
Labor, and Pensions launched an investigation into why that
happened. As part of its investigation, the Committee
subpoenaed Steward Health’s then-CEO, Dr. Ralph de la
Torre, to testify at a hearing.
Dr. de la Torre objected to the subpoena on constitutional
grounds and refused to appear. The Committee voted out
criminal and civil contempt resolutions, and the Senate passed
the criminal contempt resolution unanimously.
Dr. de la Torre sued the Committee and twenty of its
members, alleging that their actions, including attempting to
enforce the subpoena and voting on the contempt resolutions,
violated his Fifth Amendment rights. The district court
dismissed the case as barred by the Constitution’s Speech or
Debate Clause. We affirm. Dr. de la Torre’s arguments are
wholly meritless under longstanding precedent.
I
A
The U.S. Senate Committee on Health, Education, Labor,
and Pensions has legislative authority to, among other things,
“study and review, on a comprehensive basis, matters relating
to health, education, and training, and public welfare, and
report thereon from time to time.” STANDING RULES OF THE
3
SENATE, S. DOC. NO. 113-18, Rule XXV § 1(l)(2) (2013). To
that end, the Senate has vested the Committee with full
subpoena power. Id. Rule XXVI § 1.
B
We draw the following facts from Dr. de la Torre’s
amended complaint, supplemented by matters of which we
may take judicial notice. 10F
After a career treating patients, Dr. de la Torre founded
Steward Health Care System, LLC, in 2010 by acquiring six
Massachusetts hospitals. Over the next decade, Steward Health
expanded nationwide, “serv[ing] millions of patients and
employ[ing] thousands of physicians, nurses, and staff.” J.A.
56 (Am. Compl.). Dr. de la Torre oversaw Steward Health’s
operations as the chairman and chief executive officer.
In May 2024, Steward Health filed for Chapter 11
bankruptcy. Dr. de la Torre’s complaint attributes the
bankruptcy to the COVID-19 pandemic’s “debilitating effect
on Steward’s revenue[,]” along with “a nationwide health care
labor shortage and associated rising labor costs, rising fixed
costs for equipment and supplies, [and] severe inflationary
pressures.” J.A. 56.
1
See Musgrave v. Warner, 104 F.4th 355, 358 (D.C. Cir. 2024)
(analyzing motion to dismiss based on “allegations [that] are drawn
from [the plaintiff’s] complaint and matters of which we may take
judicial notice”); Langeman v. Garland, 88 F.4th 289, 291–292
(D.C. Cir. 2023) (“[R]elevant ‘[p]ublic records are subject to judicial
notice on a motion to dismiss when referred to in the complaint and
integral to the plaintiff’s claim.’”) (quoting Owens v. BNP Paribas,
S.A., 897 F.3d 266, 273 (D.C. Cir. 2018)).
4
A few months later, the Committee launched an
investigation into Steward Health’s bankruptcy. See 170
CONG. REC. D776 (daily ed. July 25, 2024). The Committee
scheduled for September 12, 2024, a hearing entitled
“Examining the Bankruptcy of Steward Health Care: How
Management Decisions Have Impacted Patient Care[.]” J.A.
76, 78 (Senate Report). On July 25, 2024, with the
Committee’s authorization, then-Chair Bernie Sanders
subpoenaed Dr. de la Torre, as Steward Health’s top manager,
to testify at that hearing about “[t]he bankruptcy of Steward
Health Care[.]” J.A. 82 (Committee subpoena).
Ten days after accepting service of the subpoena, Dr. de la
Torre’s counsel wrote to the Committee that “recent
developments will necessitate that Dr. de la Torre’s testimony
be postponed.” J.A. 87. Among other things, Dr. de la Torre
asserted that “members of th[e] Committee continue to cast
aspersions on Dr. de la Torre and appear determined to turn the
hearing into a pseudo-criminal proceeding[.]” J.A. 88–89. It
would be “wholly inappropriate” for Dr. de la Torre to testify,
the letter insisted, because
[i]t is not within this Committee’s purview to make
predeterminations of alleged criminal misconduct
under the auspices of an examination into Steward’s
bankruptcy proceedings, and the fact that its Members
have already done so smacks of a veiled attempt to
sidestep Dr. de la Torre’s constitutional rights by
seeking sworn testimony on matters for which the
Committee has pre-determined his guilt.
J.A. 89.
In response, the Committee reaffirmed that Dr. de la Torre
was “expected to appear for testimony at the Committee’s
5
hearing on September 12, 2024[.]” J.A. 104. The Committee
explained that it “seeks testimony from Dr. de la Torre because
[it] believes that he can provide useful information relevant to
the matter being reviewed * * *, and that directing appropriate
questions to Dr. de la Torre may yield important information
for the Committee’s legislative functions.” J.A. 103. The
Committee reassured Dr. de la Torre that he could “appear and
assert [his Fifth Amendment] privilege in response to specific
questions.” J.A. 104. The Committee emphasized that “[t]he
Fifth Amendment privilege against self-incrimination * * *
does not permit witnesses to refuse to appear when summoned
to testify before a congressional committee[.]” J.A. 103.
The Committee held the hearing as scheduled. Dr. de la
Torre did not appear. Then-Ranking Member Bill Cassidy
announced that he and then-Chair Bernie Sanders would “ask[]
the committee to report a resolution to authorize civil
enforcement and criminal contempt proceedings against Dr. de
la Torre requiring compliance with the subpoena.” J.A. 70
(Am. Compl.).
On September 18, 2024, Dr. de la Torre’s counsel sent a
second letter to the Committee that accused it of seeking “to
frame Dr. de la Torre as a criminal scapegoat for the systemic
failures in Massachusetts’ health care system.” 170 CONG.
REC. S6406 (daily ed. Sept. 25, 2024). The letter “invoke[d]
[Dr. de la Torre’s] procedural and substantive rights under the
Fifth Amendment of the U.S. Constitution, including the
privilege to refrain from testifying at the Committee’s
Hearing.” J.A. 61.
The next day, the Committee passed resolutions holding
Dr. de la Torre in civil and criminal contempt of Congress. J.A.
61. Within a week, Senator Sanders reported the criminal
resolution, S. Res. 837, 118th Cong. (2024), to the full Senate
6
floor for a vote, and it passed unanimously. See 170 CONG.
REC. S6407 (daily ed. Sept. 25, 2024); J.A. 63–64.
C
On September 30, 2024, Dr. de la Torre sued the
Committee and all but one of its members in the U.S. District
Court for the District of Columbia. Dr. de la Torre did not sue
Senator Rand Paul, the only Committee member who had not
voted in favor of the contempt resolutions. Because any
distinctions between the defendants do not matter for the
purposes of this appeal, this opinion refers to them collectively
as “Senators.”
Dr. de la Torre’s complaint alleges that the subpoena was
ultra vires due to a lack of “legislative purpose,” J.A. 66, and
that the Senators’ “attempts at compelling him to testify[,]”
including attempting to enforce the subpoena, voting on the
contempt resolution in committee, and presenting the criminal
contempt resolution for a full Senate vote, violated the Fifth
Amendment. J.A. 69–71. He claims that the Senators’
“unlawful conduct” (1) caused him to resign as the chief
executive officer and chairman of Steward Health, and (2)
inflicted “immense harm and damages, including reputational
damage[.]” J.A. 64–65. He asks the court to declare the
Senators’ actions unlawful, quash the subpoena, and enjoin the
Committee “from causing Dr. de la Torre to suffer from
additional punishment for invoking his Fifth Amendment
rights[.]” J.A. 72; see J.A. 71.
The Senators moved to dismiss under Federal Rules of
Civil Procedure 12(b)(1) and 12(b)(6). Of relevance here, they
argued that the Speech or Debate Clause jurisdictionally barred
the suit because every activity Dr. de la Torre challenged—“the
issuance of the Committee’s subpoena, the conduct of the
7
Committee during its September 12 hearing, and the
Committee Members’ voting to report resolutions to the
Senate—[was an] act[] that the Supreme Court and the D.C.
Circuit have found to fall squarely within the legislative sphere
protected by the Clause.” Defs.’ Mem. Points & Auths. in
Support of Defs.’ Mot. to Dismiss at 2, ECF No. 18-1. Dr. de
la Torre cross-moved for jurisdictional discovery, which he
claimed would uncover, among other things, “discoverable
evidence of how and the extent to which Defendants planned
to attack and ridicule Dr. de la Torre in public, rather than ask
any legitimate questions of him[.]” Pl.’s Mem. Points & Auths.
in Support of Pl.’s Mot. for Jurisdictional Disc. at 13, ECF
No. 20-1.
The district court dismissed the case for lack of subject
matter jurisdiction under the Speech or Debate Clause. de la
Torre v. Cassidy, 800 F. Supp. 3d 54, 58 (D.D.C. 2025).
Applying Supreme Court precedent, the district court held that
the Clause immunized every act that the complaint targeted. Id.
at 62–63. Dr. de la Torre’s invocation of the Fifth Amendment
did not change that result. See id. at 66 (“Dr. de la Torre’s
‘familiar argument—made in almost every Speech or Debate
case’—that the ‘defendants’ conduct cannot be legislative
because it was, in his view, illegal,’ ‘has been rejected time and
time again.’”) (quoting Rangel v. Boehner, 785 F.3d 19, 24
(D.C. Cir. 2015)). As for Dr. de la Torre’s argument that the
Senators aimed solely to “pillory and degrade” him, the district
court observed that “[t]he Supreme Court and the D.C. Circuit
have refuted identical arguments that legislators’ purpose was
merely to harass and humiliate.” Id.
The district court also denied Dr. de la Torre’s motion for
jurisdictional discovery. de la Torre, 800 F. Supp. 3d at 68.
The court reasoned that “no facts that additional discovery
could produce would affect the Speech-or-Debate Clause
8
analysis.” Id. (quoting Musgrave v. Warner, 104 F.4th 355,
365 (D.C. Cir. 2024)).
Dr. de la Torre timely appealed.
II
This court has appellate jurisdiction under 28 U.S.C.
§ 1291. We review de novo the district court’s grant of a
motion to dismiss for lack of jurisdiction. Musgrave, 104 F.4th
at 360. We review the denial of jurisdictional discovery for
abuse of discretion. Id.
At the motion to dismiss stage, “we must ‘accept the well-
pleaded factual allegations as true and draw all reasonable
inferences from those allegations in [the plaintiff’s] favor.’”
Saline Parents v. Garland, 88 F.4th 298, 303 (D.C. Cir. 2023)
(quoting Arpaio v. Obama, 797 F.3d 11, 19 (D.C. Cir. 2015)).
“But the Court need not accept inferences drawn by [a] plaintiff
if those inferences are not supported by the facts set out in the
complaint, nor must the court accept legal conclusions cast as
factual allegations.” Langeman v. Garland, 88 F.4th 289, 294
(D.C. Cir. 2023).
III
Dr. de la Torre insists that the Speech or Debate Clause
does not bar this suit. He is completely wrong.
A
The Speech or Debate Clause provides that, “for any
Speech or Debate in either House, [Senators and
Representatives] shall not be questioned in any other place.”
U.S. CONST. Art. I, § 6, cl. 1. The purpose of the Clause “is to
9
insure that the legislative function the Constitution allocates to
Congress may be performed independently[,]” without
“intrusion by the Executive and the Judiciary into the sphere of
protected legislative activities.” Musgrave, 104 F.4th at 361
(quoting Eastland v. United States Servicemen’s Fund, 421
U.S. 491, 502 (1975)). To that end, the Clause offers “several
strands” of protection, including immunity from suit, an
evidentiary privilege, and a testimonial privilege. Brown &
Williamson Tobacco Corp. v. Williams, 62 F.3d 408, 415 (D.C.
Cir. 1995).
Dr. de la Torre’s allegations fall squarely within the
Clause’s grant of immunity. “‘[W]hen the actions upon which
a plaintiff seeks to predicate liability are legislative acts,’ the
Speech or Debate Clause ‘operates as a jurisdictional bar,’
conferring absolute immunity from suit.” Musgrave, 104 F.4th
at 361 (quoting Howard v. Office of Chief Admin. Officer of
U.S. House of Representatives, 720 F.3d 939, 941 (D.C. Cir.
2013)). Immunized “legislative acts” extend beyond literal
speech and debate to encompass any
integral part of the deliberative and communicative
processes by which Members participate in committee
and House proceedings with respect to the
consideration and passage or rejection of proposed
legislation or with respect to other matters which the
Constitution places within the jurisdiction of either
House.
In re Sealed Case, 80 F.4th 355, 359 (D.C. Cir. 2023) (quoting
Gravel v. United States, 408 U.S. 606, 625 (1972)).
As a result, Speech or Debate Clause immunity applies to
legislators’ work on committees just as much as it does to floor
votes and speeches. See Musgrave, 104 F.4th at 362 (“[W]e
10
have held that legislative acts include acts of voting, conduct at
committee hearings, preparation of committee reports,
authorization of committee publications and their internal
distribution, and issuance of subpoenas concerning a subject on
which legislation could be had.”) (quotation marks omitted). In
addition, because Senate and House committees act through
their Members, the Clause’s protection cannot be circumvented
by suing the committee itself. See Judicial Watch, Inc. v.
Schiff, 998 F.3d 989, 992 (D.C. Cir. 2021) (holding that a
House “[c]ommittee’s issuance of subpoenas * * * was a
legislative act protected by the Speech or Debate Clause”).
Nor can a plaintiff elbow his way past the Clause by
alleging that improper motives drove the challenged legislative
act. The Supreme Court has “ma[d]e clear that in determining
the legitimacy of a congressional act we do not look to the
motives alleged to have prompted it.” Eastland, 421 U.S. at
508.
B
On its face, Dr. de la Torre’s complaint seeks to hold the
Senators liable for those same core legislative actions to which
immunity plainly attaches under settled precedent.
Dr. de la Torre principally challenges a prototypical
legislative act: the enforcement of a valid congressional
subpoena issued in service of a legitimate investigation. See
Eastland, 421 U.S. at 504 (Congressional investigations and
subpoenas “plainly fall[] within th[e] definition” of protected
legislative acts.); see also McGrain v. Daugherty, 273 U.S.
135, 174 (1927) (“[T]he power of inquiry—with process to
enforce it—is an essential and appropriate auxiliary to the
legislative function.”).
11
To qualify for immunity, a congressional investigation
need only be “related to and in furtherance of a legitimate task
of Congress.” Eastland, 421 U.S. at 505. When analyzing
subpoenas issued as part of a committee’s legitimate
investigation, courts ask only whether the legislative “inquiry
may fairly be deemed within [the committee’s] province.” Id.
at 506 (quoting Tenney v. Brandhove, 341 U.S. 367, 378
(1951)).
As Dr. de la Torre concedes, the Committee’s subpoena
satisfies both of Eastland’s tests. First, the Committee’s
investigation falls squarely within the Committee’s legitimate
oversight of “health[] and public welfare.” STANDING RULES
OF THE SENATE, Rule XXV § 1(l)(1)1; see de la Torre Opening
Br. 29 (“Dr. de la Torre has never disputed” that the
Committee’s underlying investigation into Steward Health
falls “within its jurisdiction” over “measures relating to
education, labor, health and public welfare.”) (formatting
modified). After a nationwide health system went bankrupt,
the Committee set out to understand why.
Second, the Committee had a clear and legitimate
legislative purpose in seeking the testimony of Dr. de la Torre
as Steward Health’s chief executive—understanding from the
vantage point of on-the-scene management what caused the
system’s decline. See de la Torre Opening Br. 29 (The district
court “correctly found that initially issuing the subpoena to Dr.
de la Torre was legislative.”). In sum, “[e]ven the most cursory
look at the facts presented by the pleadings reveals the
legitimacy of the [Committee’s] subpoena.” Eastland, 421
U.S. at 506.
The remaining acts Dr. de la Torre targets—the Senators’
votes on the contempt resolutions, as well as the presentation
of the criminal resolution to the full Senate—similarly “fall
12
comfortably within the scope of the Speech or Debate Clause.”
Rangel, 785 F.3d at 24. “[V]oting by Members and committee
reports are protected and a Member’s conduct at legislative
committee hearings * * * may not be made the basis for a civil
or criminal judgment against a Member because that conduct
is within the sphere of legitimate legislative activity.” Doe v.
McMillan, 412 U.S. 306, 311–312 (1973) (formatting
modified); see Gravel, 408 U.S. at 617 (“Committee reports,
resolutions, and the act of voting are equally covered[.]”)
(quotation marks omitted).
It makes no difference to this analysis that Dr. de la Torre
presses a constitutional claim. “An act does not lose its
legislative character simply because a plaintiff alleges that it
violated * * * the Constitution[.]” Rangel, 785 F.3d at 24.
C
Blowing past all that precedent, Dr. de la Torre insists his
case is different. In his view, “[o]nce [he] invoked his Fifth
Amendment rights,” everything changed. de la Torre Opening
Br. 32. The “Committee’s continued pursuit” suddenly “served
no conceivable legislative function, regardless of the
legitimacy of the broader investigation.” Id. And because Dr.
de la Torre had invoked the Fifth Amendment across the board,
the Senators’ decision to press forward with the investigation
and seek information “from Dr. de la Torre, who they
understood would provide none,” “laid bare” their “true
motives * * * to subject him to public, televised ridicule for
exercising his constitutional right to remain silent.” J.A. 59
(Am. Compl.). Said more simply, Dr. de la Torre’s position is
that Speech or Debate Clause immunity evaporated the
moment he sent his letter objecting to the entire hearing on
Fifth Amendment grounds.
13
That argument is not even colorable.
Even assuming Dr. de la Torre could not have answered
any questions, that does not excuse his failure to appear.
Article I constitutionally empowers the Senators to investigate
and to call witnesses pertinent to their legislative work, to ask
them questions, and to hear whatever answers they provide,
whether facts, opinions, or invocations of the Fifth
Amendment. That Dr. de la Torre ultimately might not have
provided any information to the Committee is beside the point:
The “legitimacy of a congressional inquiry [is not] defined by
what it produces.” Eastland, 421 U.S. at 509. After all, “[t]he
very nature of the investigative function—like any research—
is that it takes the researchers up some ‘blind alleys’ and into
nonproductive enterprises.” Id. Contrary to Dr. de la Torre’s
ill-conceived assumption, the legitimacy of Congress’s
investigative and legislative work does not change just because
a witness eschews answering questions on Fifth Amendment
grounds. “To be a valid legislative inquiry there need be no
predictable end result.” Id.
At bottom, Dr. de la Torre’s argument amounts to nothing
more than a thinly veiled attack on the Senators’ motives. Dr.
de la Torre argues that, in requiring him to appear and invoke
the Fifth Amendment, the Senators sought to “publicly
humiliate and degrade Dr. de la Torre while he stood silently
on his Fifth Amendment privilege.” J.A. 60.
Even crediting Dr. de la Torre’s disparagement of the
Senators, it changes nothing. The subjective motives of
Members of Congress do not affect the objective legitimacy of
a congressional inquiry. The Supreme Court’s decision in
Eastland settles the matter. Just like Dr. de la Torre, the
plaintiffs in Eastland argued that Speech or Debate immunity
should not shield a congressional subpoena because the “‘sole
14
purpose’ of th[at] subpoena was to ‘harass, chill, punish, and
deter [plaintiffs] in their exercise of their [constitutional] rights
and duties[.]’” 421 U.S. at 495. The Supreme Court was
having none of it. The Court explained that “[t]he Speech or
Debate Clause protects against inquiry into acts that occur in
the regular course of the legislative process and into the
motivation for those acts.” Id. at 508 (emphasis omitted)
(quoting United States v. Brewster, 408 U.S. 501, 525 (1972));
see also Tenney, 341 U.S. at 377 (“[I]t [i]s not consonant with
our scheme of government for a court to inquire into the
motives of legislators[.]”). Put differently, “[t]he wisdom of
congressional approach or methodology is not open to judicial
veto.” Eastland, 421 U.S. at 509.
Dr. de la Torre’s remaining attempts to extricate himself
from settled precedent are equally futile.
First, Dr. de la Torre’s effort to cherry-pick lines out of
otherwise unhelpful precedent does not work. He argues that
this case is like both Gravel v. United States, 408 U.S. 606
(1972), and Doe v. McMillan, 412 U.S. 306 (1973), in that
“Congressional action was valid at the start but lost its
legislative purpose later.” de la Torre Opening Br. 34 (citing
Gravel, 408 U.S. at 615, 624–625; McMillan, 412 U.S. at 306–
324). Not at all.
In Gravel, the Supreme Court held that a Senator’s alleged
arrangement with a private company to publish the Pentagon
Papers was not shielded by the Speech or Debate Clause. 408
U.S. at 622. The Court observed that “neither Congress nor the
full committee [had] ordered or authorized the publication.”
Id. at 626. Instead, Senator Gravel had made the arrangements
privately, “through the cooperation of Beacon Press[.]” Id. at
625. Such private contracting fell outside the Speech or Debate
Clause’s aegis from the outset. See id. at 626.
15
Dr. de la Torre does not seek relief against any privately
orchestrated publication. He seeks to impose liability for the
Senators’ heartland legislative activities of investigation in
support of a matter well within Congress’s wheelhouse, their
conduct in committee meetings, and their votes.
McMillan fits the same mold as Gravel. During an
investigation of the D.C. public school system, a House
subcommittee produced a report containing sensitive student
information. See McMillan, 412 U.S. at 308–309. The
Government Printing Office later printed and distributed the
report publicly. See id. Affected students sued, alleging that
the disclosure violated their constitutional right to privacy. Id.
at 309. The Supreme Court held that the Speech or Debate
Clause’s protection did not extend to “those who, at the
direction of Congress or otherwise, distribute actionable
material to the public at large[.]” Id. at 316; see id. at 315
(“[T]he Speech or Debate Clause [does not] insulate[]
legislative functionaries carrying out * * * nonlegislative
directives[.]”).
What Dr. de la Torre ignores is that the Supreme Court
then separately ruled that the Speech or Debate Clause barred
any portion of the complaint seeking “relief from the
Congressmen-Committee members * * * for introducing
material at Committee hearings that identified particular
individuals, for referring the Report that included the material
to the Speaker of the House, and for voting for publication of
the report.” McMillan, 412 U.S. at 312. That is the same type
of intrinsically legislative conduct that Dr. de la Torre
impermissibly asks this court to pass judgment on and enjoin.
Second, Dr. de la Torre claims that the district court erred
when it “effectively adopted a rule of absolute immunity for all
subpoena-related activities.” de la Torre Opening Br. 36. The
16
district court did nothing of the sort. It applied the same well-
settled precedent that Dr. de la Torre’s arguments ignore. See
de la Torre, 800 F. Supp. 3d at 62–63. While Dr. de la Torre
objects to the district court’s invocation of a “facially
legitimate purpose” test for the subpoena, see de la Torre
Opening Br. 34, that is a strawman. Since our review is de
novo, how the district court described its test is beside the point.
Under any test grounded in precedent, Dr. de la Torre’s lawsuit
targets purely legislative conduct at the heart of the Speech or
Debate Clause.
Third, Dr. de la Torre complains that dismissing his suit
“creates an insurmountable burden and deprives citizens of any
avenue to obtain judicial redress for Congressional overreach
or misconduct.” de la Torre Opening Br. 36. But Dr. de la
Torre’s redress was to exercise his Fifth Amendment rights at
the hearing, and he can still raise a constitutional defense
should a contempt prosecution move forward. In addition,
Eastland allows plaintiffs to attempt to quash a congressional
subpoena if it lacks any legitimate legislative purpose from the
outset.
But since Dr. de la Torre concedes that the subpoena was
legitimate when issued, de la Torre Opening Br. 29, his real
gripe is with the Constitution. By design, Speech or Debate
immunity poses an insurmountable burden in cases falling
within its reach, even cases asserting constitutional violations.
See McMillan, 412 U.S. at 312–313 (“Congressmen and their
aides are immune from liability for their actions within the
legislative sphere, even though their conduct, if performed in
other than legislative contexts, would in itself be
unconstitutional or otherwise contrary to criminal or civil
statutes.”) (formatting modified).
17
*****
In short, uttering the words “Fifth Amendment” in
response to a concededly legitimate subpoena is not the magic
forgo-testifying-and-go-to-court-instead card that Dr. de la
Torre imagines.
D
Dr. de la Torre next insists that “the district court erred by
placing the burden on [him] to disprove application of Speech
or Debate Clause immunity to Defendants’ conduct.” de la
Torre Opening Br. 15. This argument misses the mark.
In district court, the Committee moved to dismiss on
Speech or Debate Clause grounds, based on “long-established
precedent[.]” Defs.’ Mem. Points & Auths. in Support of
Defs.’ Mot. to Dismiss at 17, ECF No. 18-1. The district court
then dismissed the case on purely legal grounds, accepting the
truth of all facts alleged in the complaint. See de la Torre, 800
F. Supp. 3d at 60, 68. Because the Committee did not
challenge, and the district court did not question, the factual
basis for Dr. de la Torre’s complaint, no evidentiary burden-
shifting occurred. The district court simply decided a pure
question of law. Cf. Phoenix Consulting, Inc. v. Republic of
Angola, 216 F.3d 36, 40 (D.C. Cir. 2000) (In the Foreign
Sovereign Immunities Act context, “[i]f the defendant
challenges only the legal sufficiency of the plaintiff’s
jurisdictional allegations, then the district court should take the
plaintiff’s factual allegations as true and determine whether
they bring the case within any of the exceptions to immunity
invoked by the plaintiff.”).
To be sure, the district court rejected Dr. de la Torre’s
argument that “Congress bears the burden of proving Speech
18
and Debate Clause immunity[,]” in favor of the “usual rule”
that the plaintiff “bears the burden of proving federal subject-
matter jurisdiction[.]” de la Torre, 800 F. Supp. 3d. at 60. But
Dr. de la Torre has not explained how, if at all, that holding
affected the outcome of the case. The district court just applied
settled and binding caselaw to Dr. de la Torre’s alleged facts,
leaving no work for a burden of proof to do. See id. at 65.2
E
The district court also acted well within its discretion in
denying Dr. de la Torre’s request for jurisdictional discovery.
Dr. de la Torre sought discovery of multiple categories of
material, “including[] [d]ocuments, communications, and
admissions” regarding:
2
Dr. de la Torre mixes apples and oranges in relying on cases
involving the Speech or Debate Clause’s evidentiary privilege—not
the jurisdictional immunity from suit. See de la Torre Opening Br.
16 (citing United States v. Rostenkowski, 59 F.3d 1291, 1300 (D.C.
Cir. 1995) (dicta)); Massie v. Pelosi, 72 F.4th 319, 321 n.1 (D.C. Cir.
2023) (explaining that the Clause’s evidentiary and testimonial
privileges “shield Members against certain forms of questioning, but
do not deprive the court of jurisdiction”).
Nor can Dr. de la Torre rely on Fields v. Office of Eddie Bernice
Johnson, 459 F.3d 1 (D.C. Cir. 2006) (en banc). The portion of the
plurality opinion that he cites addresses only how the Speech or
Debate Clause operates within the McDonnell Douglas Corp. v.
Green, 411 U.S. 792 (1973), framework for burden-shifting in
employment discrimination cases. See Fields, 459 F.3d at 16
(plurality op.)
19
“[W]hether and to what extent the Committee
understood Dr. de la Torre’s September 4, 2024
correspondence to be a full and unequivocal invocation
of the Fifth Amendment, a fact which Defendants have
disputed”;
“the Committee’s enforcement efforts of the
Subpoena, and what the purported purpose was of Dr.
de la Torre appearing at the September 12 Hearing
solely to re-invoke the Fifth Amendment, a fact at the
heart of whether an action is within the ‘legislative
sphere’”;
“the ultimate legislative purpose of Dr. de la Torre’s
attendance at the September 12 Hearing despite his
invocation—i.e., which specific legislation it would
have informed or how it would have served the
deliberative and communicative legislative process”;
“the Committee’s decision to ‘overrule’ Dr. de la
Torre’s Fifth Amendment invocation and the grounds
for such decision, which informs the legislative
purpose of the Committee’s actions and whether they
were within the ‘legislative sphere’”;
“the Committee’s threat of criminal penalties for
failure to appear and what the Committee believed
such a threat would accomplish such that the Court can
establish whether such threats were within the
‘legislative sphere’”; and
“whether any legal staff on the Committee are bound
by D.C. Bar ethics opinions, so this Court may
determine whether the Committee abided by ethical
20
standards in compelling Dr. de la Torre’s testimony
over his Fifth Amendment invocation.”
Reply to Opp. to Mot. for Jurisdictional Disc. at 15–16, ECF
No. 25.
A district court properly denies jurisdictional discovery in
a Speech or Debate Clause case when either (1) “the
discovery * * * itself [would be] precluded by the Speech or
Debate Clause,” or (2) “no facts that additional discovery could
produce would affect the Speech-or-Debate Clause analysis.”
Musgrave, 104 F.4th at 365 (quotation marks omitted). The
district court took the second route, explaining that it “ha[d]
already reviewed all the documents it require[d] to determine
that the investigation’s purpose was facially legislative.” de la
Torre, 800 F. Supp. 3d at 68 (quotation marks omitted).
The district court’s decision makes eminent sense. None
of the documents on Dr. de la Torre’s list could change the hard
fact that “each action Dr. de la Torre challenges is a ‘legislative
act protected regardless of its purpose.’” de la Torre, 800 F.
Supp. 3d at 69 (quoting Musgrave, 104 F.4th at 366) (emphasis
omitted). All that Dr. de la Torre’s discovery seeks to do is to
pry into legislative motives—precisely the type of judicial
overreach that the Speech or Debate Clause forbids.
Dr. de la Torre claims that the district court made “three
critical errors.” de la Torre Opening Br. 40. No dice.
First, Dr. de la Torre objects that the district court
“mischaracterized Dr. de la Torre’s requests as seeking only
information about ‘the Committee’s knowledge about his Fifth
Amendment invocation[.]’” de la Torre Opening Br. 40
(quoting J.A. 141 (Am. Compl.)). To be sure, Dr. de la Torre
also seeks information “regarding the Committee’s
21
enforcement efforts[.]” Reply to Opp. to Mot. for
Jurisdictional Disc. at 15, ECF No. 25. That makes no
difference since none of what he seeks could move the needle
on Speech or Debate Clause immunity.
Second, Dr. de la Torre argues that the “district court failed
to apply the document-by-document analysis required by
precedent.” de la Torre Opening Br. 41. That is because there
is no such document-by-document requirement for heartland
invocations of legislative immunity under the Clause when, as
here, no document could change the legal outcome. 3 2F
Third, Dr. de la Torre insists that the “district court failed
to account for how its burden misallocation made discovery
essential.” de la Torre Opening Br. 41. As explained, the
burden of proof was immaterial to the court’s purely legal
analysis.
In short, the only error in this case is Dr. de la Torre’s
misguided insistence that he can part the waters of Speech or
Debate Clause immunity by waving around a letter invoking
the Fifth Amendment and insisting that it stripped the Senators
and the subpoena of all legislative legitimacy going forward.
3
Once again, Dr. de la Torre confuses the Speech or Debate
Clause’s jurisdictional immunity with its separate evidentiary
privilege. See de la Torre Opening Br. 41 (relying on In re Sealed
Case, 80 F.4th at 359).
22
IV
For the foregoing reasons, we affirm the district court’s
dismissal of the case for lack of jurisdiction and its denial of
jurisdictional discovery.
So ordered.