the questionWhat did the appellate decision actually decide?
1The subpoena, referral and jurisdictional dismissal
analysisAfter de la Torre declined to appear under subpoena, the Senate unanimously approved a criminal-contempt referral in September 2024. He sued the committee and senators, asserting constitutional objections. On 31 July 2026 the D.C. Circuit affirmed dismissal of his civil action for lack of jurisdiction under the Speech or Debate Clause, and affirmed denial of jurisdictional discovery.
- qualification
- A congressional referral and dismissal of the witness’s civil lawsuit are not a criminal conviction. The court expressly distinguished immunity from the opportunity to raise constitutional defenses if a contempt prosecution were brought.
- response
- De la Torre invoked the Fifth Amendment and his lawyers said the hearing would become a public pseudo-criminal proceeding.
- outcome
- An August 2026 senator’s statement complained that DOJ had not acted on the referral. This record does not establish that a criminal contempt prosecution or conviction followed.
Sources (5)
- Regulatory record concerning Steward or the identified proceeding U.S. Senate HELP Committee
- Court record concerning Steward or the identified proceeding U.S. Court of Appeals for the D.C. Circuit
- Regulatory record concerning Steward or the identified proceeding U.S. Senator Edward Markey
- Regulatory record concerning Steward or the identified proceeding U.S. Senator Elizabeth Warren
- Media source · s-d290 identified by category only · Media