A press freedom organization has filed a motion in federal court seeking to reveal two U.S. Department of Defense documents that are connected to an ongoing effort to protect a former Fox News reporter’s sources.
On Wednesday, Freedom of the Press Foundation (FPF) filed its motion to intervene and unseal documents in the jurisdiction where the lawsuit was brought against the Federal Bureau of Investigation (FBI) by Yanping Chen, who was the subject of an investigative story written by former Fox News reporter Catherine Herridge in 2017.
FPF said the documents memorialize the Defense Department’s decision to terminate the University of Management and Technology from its Tuition Assistance program “on national security grounds.” The university was founded by Chen, a naturalized U.S. citizen whose alleged ties to the Chinese military were the subject of Herridge’s report.
Chen sued the FBI several years ago on grounds of defamation; she has sought Herridge’s sources as part of the case, claiming that all other methods to uncover who defamed her were dead ends.
Herridge is fighting the matter, citing journalistic protection. She initially faced contempt of court fines that accrued at a rate of $800 per day, but a judge ultimately paused the enforcement of that order.
FPF said the sealed documents are important to Herridge’s argument that reporter’s privilege has not been overcome. The group said the public should be able to review the materials because they are central to the court’s decision in a case with significant implications for journalist-source confidentiality.
“Catherine Herridge’s battle to protect her confidential sources is one of the most important press freedom cases today,” Caitlin Vogus, a Senior Adviser at FPF, said in a statement. “Nothing about it should play out in secret.”
Vogus said the public should be able to judge whether the facts justify forcing Herridge to reveal sources.
“The public deserves to see the documents behind this ruling and judge for itself whether the facts warrant undermining journalist-source confidentiality,” Vogus said. “It’s especially galling that while the court demands Herridge reveal her sources, it keeps the basis for its own decision secret.”
“Public access to information is a pillar of the rule of law, one that facilitates government accountability,” H. Christopher Bartolomucci, an attorney representing FPF, said on Wednesday. “In this case, the public has been denied access to important court records that are under seal. This denial of access prevents the public from assessing the strength — or weakness — of the court’s decision.”
Court documents reviewed by The Desk showed Chen’s attorneys did not object to the unsealing of the documents, but didn’t want them used as materials to support FPF’s attempt to intervene in the case “or for any other reasons.”
The underlying dispute stems from Chen’s Privacy Act lawsuit against the FBI and the U.S. Department of Justice. Chen alleged government officials leaked confidential investigative material to Herridge and Fox. Chen was investigated over statements she made on immigration forms about her work in China during the 1980s, but she was never charged with a crime.
U.S. District Judge Christopher Cooper ordered Herridge to answer deposition questions about her source or sources, finding Chen’s need for the information outweighed Herridge’s interest in protecting confidential sourcing. Herridge refused.
Cooper later imposed the daily contempt fine, but clarified this week that the fine will remain on hold “through the denial of any timely-filed certiorari petition or the completion of Supreme Court proceedings should such a petition be granted.” He also ordered that any fine payments Herridge already made be returned.
Herridge left Fox News in 2019 to take a role at CBS News. She now self-publishes through the platform Beehiiv.
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