Former Fox News journalist subpoenaed to reveal confidential source
Federal Judge Orders Unmasking of Confidential Source in Chen Case:
In a Tuesday ruling, United States District Court for the District of Columbia Judge Christopher R. Cooper "upheld a subpoena requiring former Fox News journalist Catherine Herridge" to identify a confidential source "in a privacy case brought by Yanping Chen, a scientist who was the subject of a series of investigative articles" published by Fox News' website in 2017, according to a report by the U.S. Press Freedom Tracker. Chen, who trained as a medical doctor before working in China's space program in the 1980s and earning a Ph.D. in public policy (with a dissertation on the history of the program) from George Washington University in 1999, has served as president and chief executive of the Arlington-based, for-profit University of Management and Technology since 1998. Following publication, 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," the report continued. "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." Although Cooper wrote that Chen's "need for the requested evidence overcomes Herridge’s qualified First Amendment privilege," he "quashed a subpoena seeking her documents [...] with the caveat that if Herridge is unable to provide Chen with the information she seeks, Chen may reissue the subpoenas to the outlet." Published over a four month period, the 2017 articles "cited, and included excerpts of, materials from" an earlier government investigation, including "FBI interviews, Chen's immigration forms and photos of her in a Chinese military uniform." Nevertheless, the six-year probe "concluded in 2016" and "no charges were brought against Chen."