Former Fox News investigative reporter Catherine Herridge has been denied a stay of enforcement for a contempt order, meaning she could face an $800 daily fine for refusing to reveal confidential sources. The D.C. Circuit Court of Appeals rejected Herridge's request to pause the order while she pursues review by the Supreme Court.
This ruling is the latest development in a legal battle originating from Herridge's 2017 reporting at Fox News concerning Yanping Chen, a Chinese-American scientist who was the subject of an FBI counterintelligence investigation. The appeals court had previously upheld a district court's contempt order against Herridge in September for her refusal to name the source who provided information for her reporting.
Herridge has contended that identifying confidential sources infringes upon First Amendment protections for journalists and discourages investigative reporting. The dispute began when Chen filed a lawsuit in 2018, alleging that federal officials unlawfully leaked protected information about her to damage her reputation.
Her reporting detailed Chen's past service in China's People's Liberation Army prior to her immigration to the U.S. over four decades ago. The reports also indicated that Chen had been questioned by the FBI regarding alleged inaccuracies on immigration forms and that her work connected to China's space program was under examination. The FBI conducted a six-year counterintelligence investigation, including a search of Chen's home. Chen has denied any accusations of spying for China and was never charged with a crime.
Chen's legal team subpoenaed Herridge and Fox News in an attempt to identify the alleged government leaker after failing to do so through witness depositions. In February 2024, U.S. District Judge Christopher Cooper found Herridge in contempt for repeatedly refusing to answer questions about her confidential source during a deposition, imposing the $800 per day coercive civil fine.
While the appeals court has denied her request to keep its mandate on hold, the fine may not have immediately started accruing. Mandates are typically issued several days after such denials. Herridge's attorney, Pat Philbin, has stated she remains committed to defending reporters' First Amendment rights and the protection of confidential sources. Chen's attorney, Andy Phillips, welcomed the earlier appellate ruling, asserting that two federal courts have agreed Herridge has no privilege to shield the identity of a federal official who allegedly leaked protected materials unlawfully.