Federal judge holds investigative reporter Catherine Herridge in civil contempt for refusing to reveal source

In a recent legal case, veteran investigative reporter Catherine Herridge was found in civil contempt by a federal judge for her refusal to disclose the source of her 2017 series of Fox News stories about a Chinese American scientist. 

The scientist had been investigated by the FBI but was never charged. U.S. District Judge Christopher Cooper in Washington imposed a fine of $800 per day until Herridge complies, pending her potential appeal. The judge emphasized the importance of a free press in society but also underscored the court's role in upholding the law and safeguarding judicial authority.

Journalist's Response and Industry Reaction

Herridge's lawyer, Patrick Philbin, declined to comment, while a representative for Fox News did not provide an immediate response. CBS News expressed full support for Herridge's stance, reiterating the need to protect a journalist's confidentiality when it comes to sources. The order finding Herridge in contempt has raised concerns among advocates of a free press in the country.

The Lawsuit and Investigative Series

The source confidentiality issue stemmed from a lawsuit by Yanpin Chen, who sued the government over the leak of details about the federal probe into her immigration forms related to work on a Chinese astronaut program. Herridge's investigative series had examined Chen's ties to the Chinese military and raised questions about her alleged involvement in obtaining information about American servicemembers through a professional school she founded in Virginia.

Source Material and Legal Proceedings

The investigative stories were based on leaked items from the probe, including excerpts from an FBI document summarizing an interview, personal photographs, and details from Chen's immigration and naturalization forms and an internal FBI presentation. Chen sued the FBI and Justice Department in 2018, alleging that her personal information was selectively leaked to tarnish her reputation and harm her livelihood. In August, the judge had ordered Herridge to reveal her sources in a deposition, ruling that Chen's lawsuit outweighed Herridge's right to protect her sources despite the vital role of confidentiality in journalism.

Legal Defense and National Security Concerns

During her interview under oath, Herridge declined numerous times to disclose her sources, citing her First Amendment rights. Philbin, her lawyer, argued that revealing the sources would damage her credibility and hinder her ability to bring important information to light. He also raised national security concerns, suggesting that Chen may have been involved in providing information about U.S. military members to the Chinese, further emphasizing the potential risks of disclosing the sources.

Historical Precedents and Possible Outcomes

The legal battles over journalist source confidentiality are uncommon but have occurred in Privacy Act cases similar to Chen's. Some past lawsuits have resulted in substantial Justice Department settlements instead of requiring journalists to reveal their sources. A notable example was a 2008 settlement in a case involving a journalist who was being pressured to disclose sources related to the 2001 anthrax attacks. The settlement led to a contempt order being vacated against the journalist. The outcome of Herridge's case remains uncertain, with the possibility of a similar settlement in place of source disclosure.