Judge Orders Correspondent To Make Source Deposition

A federal judge handed down a rare and alarming court decision this week that could have significant implications for the free press in America.

CNN reports Judge Christopher Cooper, of the US District Court for the District of Columbia, issued a ruling to compel CBS News senior correspondent Catherine Herridge to participate in a deposition regarding the identity of a confidential source or sources she used for a series of 2017 stories published while she worked at Fox News.

The order came as a result of a lawsuit filed by Chinese American scientist Yanping Chen against the Federal Bureau of Investigation. Citing documents reviewed by Fox News, Herridge reported that Chen was the subject of a federal counterintelligence probe. Chen has alleged that federal authorities improperly leaked information about her, violating the Privacy Act.

In an effort to prove her case, Chen subpoenaed Herridge and Fox News, with the hope of unmasking the source(s) for the stories. Fox News and Herridge have aggressively fought the move, arguing that Cooper should quash the subpoenas because of First Amendment protections afforded to the press.

“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 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.”

The judge limited Chen’s subpoena to a deposition, for now. However, it’s unclear whether Herridge and/or Fox News will comply with the order.