Table of Contents

Overview 

2018/12/21 Complaint Against the Government

2022/10/26 Update on Lawsuit

2023/11/27 Update on Lawsuit

2024/02/29 Contempt Ruling to Present

Current State

Overview

Dr. Yanping Chen is a naturalized U.S. citizen born in China.  She was a cardiologist and medical researcher with the Chinese astronaut program.  She became a lawful permanent resident in 1993, and a U.S. citizen in 2001. 

In 1998, Dr. Chen founded the University of Management and Technology in Arlington, Virginia, to provide secondary and graduate education to working adults.  

In 2010, Dr. Chen became the focus of a Federal Bureau of Investigations (FBI) investigation.  After 6 years of investigation including searches of her home and office, Dr. Chen was told that no charges will be filed against her in 2016.

However, beginning in February 2017, Fox News, in stories led by reporter Catherine Herridge, aired a series of negative reports about Dr. Chen using heavily leaked materials from the FBI investigation.  

On December 21, 2018, Dr. Chen filed a privacy lawsuit against the FBI, Department of Justice, Department of Defense, and Department of Homeland Security.

This case is ongoing.

2018/12/21 Complaint Against the Government

On December 21, 2018, attorneys for Dr. Yanping Chen filed a civil lawsuit against the Federal Bureau of Investigations (FBI), Department of Justice, Department of Defense, and Department of Homeland Security, collectively the Government.

The complaint seeks monetary, injunctive, and declaratory relief to rectify injuries she has suffered as a result of the Government’s illegal and unwarranted public disclosure of her personal information in violation of the Privacy Act.

Dr. Yanping Chen is a naturalized U.S. citizen born in China.  She was a cardiologist and medical researcher with the Chinese astronaut program.  

Dr. Chen came to the U.S. in 1987 to study and earned a Master’s degree and a Ph.D. in Public Policy from George Washington University.  She became a lawful permanent resident in 1993, and a U.S. citizen in 2001.  She is a resident of Virginia.

In 1998, Dr. Chen founded the University of Management and Technology (UMT) in Arlington, Virginia, to provide secondary and graduate education to working adults.  More than 12,000 students have received degrees in the last 20 years.

In 2010, Dr. Chen became the focus of a FBI investigation, which appeared to focus on statements Dr. Chen made on immigration forms concerning her work in the 1980s as a scientist for the Chinese astronaut program.  

Over six years of overt and covert investigations, including searches of Dr. Chen’s home and office, Dr. Chen was informed that no charges would be filed against her.

Beginning in February 2017, Fox News aired a series of negative reports drawing heavily from leaked materials from the FBI investigation, resulting in personal, professional, and financial harm to Dr. Chen.  

These stories made misleading insinuations to accuse her of spying for China. Congressmembers then pressured the government to end UMT's participation in the Department of Defense tuition assistance program, and the Department of Defense did so in 2018 on "national security grounds."

2022/10/26 Update on Lawsuit

The Fox News reporter was identified as Catherine Herridge.  She joined the Fox News Channel at its inception in 1996 and left for CBS News to become a senior investigative correspondent in 2019.

On April 17, 2019, the Government motioned to dismiss Dr. Chen’s case.

On January 27, 2020, U.S. District Court Judge Christopher Cooper denied the Government’s motion to dismiss.

On May 11, 2021, Judge Cooper denied a motion by Dr. Chen made on January 22, 2021, to compel the FBI to respond to discovery requests concerning the use of U.S. Army Chief Warrant Officer Stephen Rhoads to help investigate her.  Stephen Rhoads frequently communicated with Catherine Herridge in advance of the Fox News publications.  

The denial of Dr. Chen’s motion was without prejudice to renewal based on future developments.

After deposing 18 current and former government employees, Dr. Chen was unable to confirm the sources for the stories.  She then moved to seek information about the leak directly from Fox News and Catherine Herridge.  

2023/11/27 Update on Lawsuit

Dr. Chen subpoenaed Fox News and Catherine Herridge to force her to disclose the source of her reports in 2017.

On August 8, 2022, Fox News and Catherine Herridge filed motions to quash the subpoena, citing journalists’ First Amendment protections.

On May 30, 2023, a hearing was held before Judge Christopher Cooper on the motion.   Fox News and Herridge were represented by Patrick Philbin, a former top lawyer from Donald Trump’s White House.

On August 1, 2023, Judge Cooper issued a ruling that would force Catherine Herridge to participate in a deposition regarding the identity of her anonymous sources from the 2017 series of stories.

“The Court recognizes both the vital importance of a free press and the critical role that confidential sources play in the work of investigative journalists like Herridge.  But applying the binding case law of this Circuit, the Court concludes that Chen’s need for the requested evidence overcomes Herridge’s qualified First Amendment privilege in this case. The identity of Herridge’s source is central to Chen’s claim, and despite exhaustive discovery, Chen has been unable to ferret out his or her identity. The only reasonable option left is for Chen to ask Herridge herself,” the ruling said.

In a deposition on September 26, 2023, Catherine Herridge was repeatedly asked about how she obtained the information for her 2017 stories. Herridge declined to answer dozens of such questions.

On November 9, 2023, Dr. Chen requested a ruling on Catherine Herridge’s defiance of the Court’s order.

2024/02/29 Contempt Ruling to Present

Catherine Herridge was among 20 CBS News employees laid-off in February 2024.

On February 29, 2024, Judge Cooper held Catherine Herridge in civil contempt for refusing to divulge her source for her 2017 series of Fox News reports.

Judge Cooper imposed a fine of $800 per day until Catherine Herridge reveals her source, but the fine will not go into effect immediately to give her time to appeal.

Judge Cooper wrote that he “recognizes the paramount importance of a free press in our society” and the critical role of confidential sources in investigative journalism. But the judge said the court “also has its own role to play in upholding the law and safeguarding judicial authority.”

“Herridge and many of her colleagues in the journalism community may disagree with that decision and prefer that a different balance be struck, but she is not permitted to flout a federal court’s order with impunity,” wrote Judge Cooper.

On April 1, 2024, Dr. Chen filed a second motion to compel the FBI to specific deposition questions and reproduce specified documents without law-enforcement-privilege redactions.

Current State

Catherine Herridge appealed Judge Cooper's ruling.

On July 29, 2024, the Asian American Legal and Education Defense Fund (AALDEF) and a coalition of 11 organizations filed a 43-page amicus brief with the U.S. Court of Appeals in support of Dr. Chen. The brief addresses issues of racial prejudice and the negative stereotyping of Asian Americans, particularly in the context of government actions against Dr. Chen.  AALDEF also issued a press statement: https://bit.ly/3WCm06i.

The U.S. Appeals Court for the District of Columbia Circuit Held a hearing on oral arguments on Herridge's appeal on November 18, 2024.