(Ken Silva, Headline USA) In a decision that tramples on the free press, an Obama-appointed federal judge has ordered former Fox News reporter Catherine Herridge to be deposed about her confidential source.
This week’s ruling from DC District Judge Christopher Cooper stems from an investigative series Herridge wrote in 2017 about Chinese national Yanping Chen and her U.S.-based University of Management and Technology, which did business with the Defense Department and trained military servicemembers.
Herridge reported at the time that Chen and UMT had been under an FBI counterintelligence investigation for their alleged ties to the Chinese Communist Party. The investigation ran from 2010 to 2016, when the DOJ informed Chen it wouldn’t be filing any charges against her.
After Herridge, who now works for CBS, published her investigation for Fox, Chen sued the FBI, DOD and two other federal agencies for leaking her private affairs that the FBI had collected or generated in the course of its investigation—including photos of her in a People’s Liberation Army uniform.
As part of her lawsuit, Chen seeks to depose Herridge about her confidential sources she used for her reporting. And this week, the Obama-appointed Judge Cooper ruled that Chen has the right to do so.
“The Court recognizes both the vital importance of a free press and the critical role that confidential sources play in the work of investigative journalists like Herridge,” Cooper reportedly wrote in the ruling. “But applying the binding case law of this Circuit, the Court concludes that Chen’s need for the requested evidence overcomes Herridge’s qualified First Amendment privilege in this case.”
CNN’s Oliver Darcy reported that neither Fox nor Herridge have indicated if they’ll comply with the judge’s order, which has already drawn criticism from free press advocates.
“Confidentiality is the lifeblood of a free press. From Watergate to Harvey Weinstein, confidential sources have helped journalists bring to light malfeasance and hidden crimes that otherwise would have continued,” the Project for Privacy & Surveillance Accountability wrote in a press release reacting to the decision.
“And a strong reporting culture is a counter to the growing surveillance state enabled by technology.”
PPSA said the judge’s decision shows the necessity for legislative protections for journalists and whistleblowers. The organization endorsed the PRESS Act, which would shield reporters from choosing between jail or ratting out whistleblowers and sources.
The House passed the PRESS Act last year, but the Senate didn’t consider the matter. PPSA urged Congress to pass the legislation when it returns from its August recess.
“PPSA has long admired Catherine Herridge’s impartial and fearless reporting. We support her and all journalists who face these dilemmas,” the group said.
“This is all the more reason why the House should again pass this bill and the U.S. Senate should take up the PRESS Act when Congress returns after August recess.”
Ken Silva is a staff writer at Headline USA. Follow him at twitter.com/jd_cashless.
