US appeals court rejects Catherine Herridge’s bid to protect confidential sources

A US appeals court rejected journalist Catherine Herridge’s request to throw out a contempt order against her after the former Fox News and CBS News reporter refused to reveal confidential sources who leaked information about a Chinese-American scientist.

Last year, Herridge was held in contempt of court and fined $800 a day by a federal judge after she refused to reveal the name of the person who leaked her information about Yanping Chen.

In 2017, Herridge authored a series of stories that were published by Fox News about Chen, including her past military service in China’s People’s Liberation Army prior to her emigrating to the United States more than four decades ago.

Herridge’s reporting also revealed that Chen was once subjected to FBI questioning over past alleged misstatements related to her immigration forms as well as details about her work with the Chinese space program.

As part of its counterintelligence investigation that spanned six year, the FBI conducted a search of Chen’s home. Chen, who has denied insinuations that she spied for China, was never charged with a crime.

In 2018, Chen filed suit against the FBI, claiming that the federal agency leaked details of the probe to Herridge and Fox News in order to damage her reputation.

Chen’s attorneys deposed dozens of witnesses as part of their lawsuit, though they still could not ascertain the identity of the leaker — prompting Chen to subpoena Herridge and Fox News.

US District Judge Christopher Cooper held Herridge in contempt of court last year after she refused to reveal her sources.

“The Court does not reach this result lightly,” Cooper wrote in his February 2024 decision.

“It recognizes the paramount importance of a free press in our society and the critical role that confidential sources play in the work of investigative journalists like Herridge.”

“Yet the Court also has its own role to play in upholding the law and safeguarding judicial authority.”

Herridge appealed the decision to the DC Circuit Court of Appeals, which handed down its decision upholding the contempt order on Tuesday.

The Post has sought comment from Herridge and Chen.

Freedom of the Press Foundation, a pro-First Amendment nonprofit, said in a statement that Tuesday’s decision “is a significant blow to press freedom for all journalists.”

Fox News said “forcing a journalist to reveal a source not only threatens press freedom but chills investigative reporting that holds the powerful accountable, which is the very foundation of our democracy.”

Herridge’s lawyer, Pat Philbin, added that she “remains committed to protecting reporters’ First Amendment rights and confidential sources.”

Herridge, a veteran investigative journalist, has been at the center of several high-profile controversies during her career.

After being laid off by CBS News in February of last year, she accused the network of improperly seizing her confidential files, which contained sensitive material from her CBS and Fox reporting.

Herridge’s investigative work on Hunter Biden and corruption allegations against Democratic officials also fueled tension inside CBS, where she reportedly faced editorial pushback.

Former colleagues cited favoritism and discriminatory management practices as factors that hindered her reporting.

“Dr. Chen is pleased with the court’s decision,” Chen’s attorney, Andy Phillips, told The Post.

“Two federal courts have now agreed that Catherine Herridge has no privilege to continue to shield the identity of a federal official who broke the law and leaked protected materials to Ms. Herridge.”

Phillips added in his statement that “Dr. Chen looks forward to continuing to pursue redress for the government’s egregious violation of her rights.”