Court Seems Inclined Not to Excuse Former Fox News Reporter in Contempt Battle
The situation may evolve into the first significant confrontation regarding press freedom in Donald Trump's second term.
TroibNews 
A federal appeals court panel appears unlikely to intervene on behalf of former Fox News reporter Catherine Herridge, who is facing fines and possibly jail time for refusing to reveal her source connected to a series of articles about a woman linked to the Chinese People’s Liberation Army.
The case involving Herridge could represent a significant confrontation over press freedom during President Donald Trump’s second term.
While Trump lacks the authority to directly overturn the fines or potential jail time Herridge faces, he could instruct the Justice Department to settle a related lawsuit filed by Yanping Chen, the woman at the center of the stories. A settlement would eliminate the fines and any other penalties against Herridge.
Trump has consistently praised Herridge's reporting on various issues, particularly her coverage of investigations into his campaign's contacts with Russia in 2017 and 2018.
Herridge used one or more anonymous sources for several stories in 2017 regarding possible national security threats tied to a Virginia school established by Chen, which many U.S. military members attended with tuition funded by taxpayers. The reporting included details of an FBI investigation into Chen and even featured images of her in a People’s Liberation Army uniform.
After claiming that leaks about the investigation harmed her reputation, Chen sued multiple federal agencies over the information that was disclosed. In connection with that lawsuit, she issued a subpoena to Herridge in an attempt to compel her to reveal her source. Herridge declined to comply.
In February, U.S. District Court Judge Christopher Cooper determined that Herridge should face an $800-a-day fine for her non-compliance with the subpoena. He postponed the enforcement of the fine to permit Herridge to lodge an appeal. However, if her appeal fails, Chen’s legal team could seek either harsher penalties or even jail time for Herridge if she remains unwilling to share her source.
During oral arguments on Monday at the D.C. Circuit Court of Appeals, two of the three judges appeared skeptical of Herridge’s reasoning for having the contempt order lifted. Judge Greg Katsas, appointed by Trump, and Judge Harry Edwards, appointed by Jimmy Carter, both questioned Herridge attorney Patrick Philbin’s assertion that Judge Cooper should have weighed the public interest in news reporting against Chen’s wish to recover damages for her tarnished reputation.
“What is this balancing test? … What does that mean?” Edwards inquired early in the discussion.
“The court would have to look at what interest is being advanced,” Philbin replied. “There is a systemic societal cost every time a reporter’s confidential source is disclosed because it chills the flow of information to the press and impairs the ability of the press to fulfill its function.”
Philbin cautioned that upholding the subpoena could result in many other reporters grappling with similar subpoenas in lawsuits alleging privacy breaches by federal officials.
Judge Michelle Childs, appointed by Joe Biden, was less forceful in her remarks, yet she expressed concerns that bestowing special privileges on the media could lead to complications in determining who is recognized as a journalist.
“We’re now in this social media age where people hide behind Twitter, people hide behind other social media outlets. Who are you really protecting?” Childs asked.
The FBI examined Chen’s connections to the Chinese government and informed her in 2016 that she would not face charges. Within a year, Herridge began covering the investigation details and the internal governmental debate over whether to prosecute Chen. These reports contained “snippets of [Chen’s] immigration forms, a summary of an FBI interview with her daughter, and personal photographs of her and her husband,” as noted by Cooper in his initial ruling.
In 2018, Chen filed a lawsuit against the FBI, DOJ, Pentagon, and Department of Homeland Security, seeking damages and an acknowledgment from the government that the leaks regarding her were a violation of the Privacy Act. Following countless depositions that did not reveal the leaker, Chen shifted her focus to Fox News and Herridge.
Left Fox News for CBS in 2019, Herridge was laid off by CBS in February 2024 and is now sharing her work on Substack.
Jessica Kline for TROIB News
The case involving Herridge could represent a significant confrontation over press freedom during President Donald Trump’s second term.
While Trump lacks the authority to directly overturn the fines or potential jail time Herridge faces, he could instruct the Justice Department to settle a related lawsuit filed by Yanping Chen, the woman at the center of the stories. A settlement would eliminate the fines and any other penalties against Herridge.
Trump has consistently praised Herridge's reporting on various issues, particularly her coverage of investigations into his campaign's contacts with Russia in 2017 and 2018.
Herridge used one or more anonymous sources for several stories in 2017 regarding possible national security threats tied to a Virginia school established by Chen, which many U.S. military members attended with tuition funded by taxpayers. The reporting included details of an FBI investigation into Chen and even featured images of her in a People’s Liberation Army uniform.
After claiming that leaks about the investigation harmed her reputation, Chen sued multiple federal agencies over the information that was disclosed. In connection with that lawsuit, she issued a subpoena to Herridge in an attempt to compel her to reveal her source. Herridge declined to comply.
In February, U.S. District Court Judge Christopher Cooper determined that Herridge should face an $800-a-day fine for her non-compliance with the subpoena. He postponed the enforcement of the fine to permit Herridge to lodge an appeal. However, if her appeal fails, Chen’s legal team could seek either harsher penalties or even jail time for Herridge if she remains unwilling to share her source.
During oral arguments on Monday at the D.C. Circuit Court of Appeals, two of the three judges appeared skeptical of Herridge’s reasoning for having the contempt order lifted. Judge Greg Katsas, appointed by Trump, and Judge Harry Edwards, appointed by Jimmy Carter, both questioned Herridge attorney Patrick Philbin’s assertion that Judge Cooper should have weighed the public interest in news reporting against Chen’s wish to recover damages for her tarnished reputation.
“What is this balancing test? … What does that mean?” Edwards inquired early in the discussion.
“The court would have to look at what interest is being advanced,” Philbin replied. “There is a systemic societal cost every time a reporter’s confidential source is disclosed because it chills the flow of information to the press and impairs the ability of the press to fulfill its function.”
Philbin cautioned that upholding the subpoena could result in many other reporters grappling with similar subpoenas in lawsuits alleging privacy breaches by federal officials.
Judge Michelle Childs, appointed by Joe Biden, was less forceful in her remarks, yet she expressed concerns that bestowing special privileges on the media could lead to complications in determining who is recognized as a journalist.
“We’re now in this social media age where people hide behind Twitter, people hide behind other social media outlets. Who are you really protecting?” Childs asked.
The FBI examined Chen’s connections to the Chinese government and informed her in 2016 that she would not face charges. Within a year, Herridge began covering the investigation details and the internal governmental debate over whether to prosecute Chen. These reports contained “snippets of [Chen’s] immigration forms, a summary of an FBI interview with her daughter, and personal photographs of her and her husband,” as noted by Cooper in his initial ruling.
In 2018, Chen filed a lawsuit against the FBI, DOJ, Pentagon, and Department of Homeland Security, seeking damages and an acknowledgment from the government that the leaks regarding her were a violation of the Privacy Act. Following countless depositions that did not reveal the leaker, Chen shifted her focus to Fox News and Herridge.
Left Fox News for CBS in 2019, Herridge was laid off by CBS in February 2024 and is now sharing her work on Substack.
Jessica Kline for TROIB News
