Court Rejects Ex-Fox News Reporter Bid Over Anonymous Source

A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit unanimously upheld the contempt ruling against reports Catherine Herridge. The panel—consisting of Judges Gregory Katsas (Trump appointee), Karen Henderson (George H.W. Bush appointee), and Michelle Childs (Biden appointee)—rejected Herridge's broader assertion of a reporter's privilege.

In the opinion, authored by Katsas, the court declined to expand federal common law to create a robust shield, calling it an "end-run" around precedent like Lee v. U.S. Department of Justice (2021), which limits privileges to cases where the information is highly relevant and exhausted alternatives exist. 

The judges emphasized that the First Amendment does not exempt journalists from standard discovery obligations when a plaintiff like Chen shows sufficient need. They also denied Herridge's request to unseal certain records, ruling that sealed materials did not alter the outcome.

Yanping Chen

Herridge's team expressed disappointment, noting the decision was made with "important information in the case secret" and is considering further review, potentially at the Supreme Court. The ruling means the $800 daily fines could resume unless stayed or appealed successfully.

The case stems from a three-part investigative series Herridge aired on Fox News in May 2017, titled "China's Spies Next Door." The reports examined potential national security concerns involving Dr. Yanping Chen, a naturalized Chinese-American scientist and founder of the University of Management and Technology (UMT) in Arlington, Virginia. UMT primarily serves military service members and receives Department of Defense tuition assistance.

Key allegations in Herridge's reporting, based on leaked FBI documents:Chen had served in the People's Liberation Army (PLA), China's military, in the 1980s.

• She allegedly lied on U.S. immigration forms about her role in a Chinese astronaut training program.
• The FBI launched a counterintelligence probe in 2010, suspecting UMT might be a conduit for the Chinese government to gather sensitive information on American servicemembers.

The stories included excerpts from an FBI interview summary, personal family photos, and slides from an internal FBI PowerPoint presentation. Chen was never charged with any crime, and the investigation concluded without action.

In response to the Court's ruling, Fox News Media issued the following statement

“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. We remain steadfast in our support of the First Amendment and urge an appeal of this decision.”