Former Fox News journalist subpoenaed to reveal confidential source

Journalist Catherine Herridge was held in civil contempt on Feb. 29, 2024, for refusing to comply with a subpoena compelling her to reveal a confidential source, according to court documents reviewed by the U.S. Press Freedom Tracker.

Herridge was subpoenaed for documents and testimony in 2022 concerning a series of investigative online articles and broadcast reports she authored for Fox News in 2017 about a federal investigation into the possible foreign military ties of a Chinese American scientist, Yanping Chen.

Chen filed a lawsuit in 2018 against the departments of Justice, Defense and Homeland Security for violations of the Privacy Act, alleging that a government official had leaked materials from an investigation into Chen’s possible foreign military ties, excerpts of which were included in Herridge’s articles.

While U.S. District Judge Christopher Cooper quashed the requests for documents, he ruled in August 2023 that the identity of the confidential source was central to the lawsuit’s claim and ordered Herridge to testify about her reporting and any sources. Herridge sat for a deposition in September, but refused to answer any questions about the identity or intent of her sources, according to court filings.

Herridge attempted to appeal the ruling, but was instructed by the District of Columbia Circuit Court of Appeals that the proper procedure required her to refuse to comply and then appeal the resulting contempt order.

Cooper held Herridge in contempt in February 2024, ordering that she be fined $800 a day until she complies with the subpoena. He stayed the fine for 30 days or until an appeal of the ruling is completed, whichever comes later.

Neither Herridge nor her attorney were immediately available to comment.

Follow the ongoing coverage of the contempt charge in the U.S. Press Freedom Tracker’s Arrest/Criminal Charge category.

On Aug. 1, 2023, a U.S. district judge upheld a subpoena requiring former Fox News journalist Catherine Herridge to testify about a confidential source, but quashed a subpoena seeking her documents.

U.S. District Judge Christopher Cooper ruled that Herridge must testify in a privacy case brought by Yanping Chen, a scientist who was the subject of a series of investigative articles published with Fox News in 2017. Chen filed a lawsuit in 2018 against the departments of Justice, Defense and Homeland Security for violations of the Privacy Act, alleging that a government official had leaked materials from an investigation into Chen’s possible foreign military ties, excerpts of which were included in Herridge’s articles.

Chen subpoenaed Herridge and Fox News in mid-2022 to determine the identity of the alleged leaker, demanding testimony and documents from each. An attorney for both the journalist and news outlet filed motions to quash Chen’s subpoenas, arguing at a court hearing in May 2023 that they posed a threat to First Amendment protections.

In upholding the subpoena ordering Herridge to testify about her reporting and any sources, Cooper ruled that the identity of the confidential source was central to the lawsuit’s claim. “Chen’s need for the requested evidence overcomes Herridge’s qualified First Amendment privilege,” he wrote.

The motions to quash the Fox News subpoenas were granted in full, with the caveat that if Herridge is unable to provide Chen with the information she seeks, Chen may reissue the subpoenas to the outlet.