#355 10/6 Meeting: Yanping Chen Prevails; AAUP/Landmark Ruling; Defend Academics Webinar; +

In This Issue #355

·       2025/10/06 APA Justice Monthly Meeting

·       Dr. Yanping Chen Prevails in Appeals Court Decision

·       Landmark Ruling: AAUP v Rubio (1:25-cv-10685)

·       Defending Academics and Institutions in Foreign Interference and Research Security Matters

·       News and Activities for the Communities

2025/10/06 APA Justice Monthly Meeting

The next APA Justice monthly meeting will be held Monday, October 6, 2025, starting at 1:55 pm ET.In addition to updates from:

·       Judith Teruya, Executive Director, Congressional Asian Pacific American Caucus (CAPAC)

·       Joanna YangQing Derman, Program Director, Advancing Justice | AAJC

·       Gisela Perez Kusakawa, Executive Director, Asian American Scholar Forum (AASF)

We are honored by and welcome the following distinguished speakers:

·       Mike German, Retired Fellow, Liberty & National Security, Brennan Center for Justice

·       Margaret Lewis, Professor, Seton Hall University School of Law

·       Pat Eddington, Senior Fellow, Homeland Security and Civil Liberties, Cato Institute

The virtual monthly meeting is by invitation only. It is closed to the press. If you wish to join, either one time or for future meetings, please contact one of the co-organizers of APA Justice - Steven Pei 白先慎, Vincent Wang 王文奎, and Jeremy Wu 胡善庆 - or send a message to contact@apajustice.org.  

Dr. Yanping Chen Prevails in Appeals Court Decision

According to Courthouse News Service, a three-judge panel of the DC Circuit Appeals Court upheld a contempt finding against former Fox News reporter Catherine Herridge for refusing to reveal the government source who leaked FBI records about Chinese American scientist Dr. Yanping Chen 陈燕平.The court rejected Herridge’s claim of reporter’s privilege, ruling that Dr. Chen had met the legal test by showing the source’s identity was central to her Privacy Act case and that Dr. Chen had exhausted other reasonable avenues to obtain it. Dr. Chen, never charged despite FBI scrutiny, argues Herridge’s reporting falsely suggested espionage. The Circuit Court also affirmed the District Court’s imposition of an $800 a day fine if Herridge continues to refuse to comply, though the contempt penalty will effectively remain stayed if Herridge pursues a petition for rehearing and/or en banc reconsideration in the Circuit Court. Dr. Chen, an immigrant from China, became a U.S. citizen in 2001 and founded the University of Management and Technology in Arlington, Virginia, in 1998.   Dr. Chen is a cardiologist and received a a Ph.D. in Public Policy from George Washington University.Starting in 2010, Dr. Chen became the focus of a Federal Bureau of Investigations (FBI) investigation for alleged discrepancies in her immigration forms.  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 and the Departments of Justice, Defense, and Homeland Security.  Dr. Chen conducted extensive discovery, including depositions and subpoenas, but could not identify the leaker.Dr. Chen subpoenaed Fox News and Herridge to force her to disclose the source of her reports.  On August 8, 2022, Fox News and Herridge filed motions to quash the subpoena, citing journalists’ First Amendment protections, but the district court denied Herridge's motion.  The district court ordered Herridge to disclose her sources.After Herridge was deposed and refused to disclose her source, on February 29, 2024, Judge Christopher Cooper held Herridge in civil contempt and imposing a fine of $800 per day until Herridge reveals her source.  The court agreed to stay the imposition of fine to give Herridge time to seek an appeal.Herridge appealed.  On July 29, 2024, the Asian American Legal and Education Defense Fund (AALDEF) and a coalition of 11 organizations, including APA Justice, filed a 43-page amicus brief with the U.S. Court of Appeals in support of Dr. Chen. The brief addressed issues of racial prejudice and the negative stereotyping of Asian Americans, particularly in the context of government actions against Dr. Chen.  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.On September 30, 2025, a three-judge panel of the Appeals Court unanimously ruled Herridge cannot assert qualified privilege to quash a subpoena for her source, upholding the district court decision.  The three judges are: Gregory Katsas, a Donald Trump appointee; Harry Edwards, a Jimmy Carter appointee; and Michelle Childs, a Joe Biden appointee.  

Andy Phillips, Dr. Chen’s attorney of Meier Watkins, welcomed the panel’s decision in an email to Courthouse News Service.“Two federal courts have now agreed that Catherine Herridge has no privilege to continue to shield the identity of a federal official who broke the law and leaked protected material to Ms. Herridge,” Phillips wrote. “Dr. Chen looks forward to continuing to pursue redress for the government’s egregious violation of her rights.”

For more information about Dr. Chen's case, visit this APA Justice web page.

Landmark Ruling: AAUP v Rubio (1:25-cv-10685)

According to CNN, New York Times, The Guardian, and multiple media reports, a federal judge has ruled on September 30, 2025, that the Trump administration’s policy to detain and deport foreign scholars over their pro-Palestinian views violates the US constitution and was designed to “intentionally” chill free speech rights.  The opinion rules against the Trump administration’s immigration policy, and executive orders, and harshly critiques President Donald Trump’s approach to using his power.The case, American Association of University Professors v. Rubio (1:25-cv-10685), was brought by the national AAUP; its Harvard, Rutgers and New York University chapters; and the Middle East Studies Association (Mesa).Judge William G Young of the District of Massachusetts, a Ronald Reagan appointee, issued an extraordinary 161-page ruling.  In a set of large, bolded print on the first page of the opinion before even its formal header, Judge Young makes public a photocopy of a postcard he received in his judicial chambers in June.The handwriting, chillingly, says “Trump has pardons and tanks … what do you have?”Judge Young's response: "Dear Mr. or Ms. Anonymous, Alone, I have nothing but my sense of duty. Together, We the People of the United States – you and me – have our magnificent Constitution. Here’s how that works out in a specific case – “At the end of his official opinion, Judge Young added, "I hope you found this helpful.  Thanks for writing.  It shows you care.  You should."  He invited the person to visit the courthouse and observe "the Constitution is most vibrantly alive, for it is well said that 'Where a jury sits, there burns the lamp of liberty.'"Judge Young signed the opinion merely as "Judge of the United States," a style reportedly not seen since before the Civil War.In his concluding remarks, Judge Young reflected on the broader implications of the case, criticizing the Trump administration's disregard for constitutional norms and its fixation on retribution against dissenting voices.  He underscored the importance of protecting free speech as a cornerstone of American democracy and expressed concern about the erosion of constitutional values.The court scheduled a hearing to determine the appropriate remedy for the violations, emphasizing the need to safeguard the rights of all individuals lawfully present in the United States.

Defending Academics and Institutions in Foreign Interference and Research Security Matters

WHAT: Defending Academics and Institutions in Foreign Interference and Research Security MattersWHEN: October 10, 2025, 1:00 pm - 2:30 pm ETWHERE:

·       In person: One Logan Square, Philadelphia, PA, 19103

·       Virtual: please register

HOST:  Federal Criminal Law Committee (FCLC)Moderator: Abe Rein, Chair of Post & Schell’s White Collar Defense & Investigations Group (and FCLC Chair)Speakers:

· Gisela Perez Kusakawa, Executive Director of the Asian American Scholar Forum

· Michael Vernick, Partner and Head of the Government Contracts Group at Akin Gump

· Jennifer Beidel, Member, White Collar Group at Dykema

DESCRIPTION:  “China Initiative” redux? In this era of academic global engagement, the federal government’s increasing focus on scrutinizing foreign ties leads to new levels of enforcement against researchers and their institutions. These matters, increasingly prioritized by DOJ, present unique challenges, from dealing with difficult scientific concepts (and explaining them to agents and prosecutors) to analyzing potential immigration consequences, to working with experts unused to legal proceedings.Admission is $15 for FCLC members and $25 for non-members.MORE INFORMATON/REGISTRATION: https://bit.ly/42RMEfr

News and Activities for the Communities

1. APA Justice Community Calendar

Upcoming Events:2025/10/06 APA Justice Monthly Meeting2025/10/07 Conversations, Recollections, Pioneers and Heros: David Henry Hwang2025/10/10 Defending Academics and Institutions in Foreign Interference and Research Security Matters2025/10/16 Bridging Nations: The Power of People-to-People Exchange in U.S.-China Relations2025/10/23 C100 Asian American Career Ceilings Initiative: Asian American Women in the Law2025/11/03 APA Justice Monthly Meeting2025/11/20 Cook County Circuit Court HearingVisit https://bit.ly/3XD61qV for event details.

2. C100 Conversations: David Henry Hwang 

WHAT: Conversations, Recollections, Pioneers and Heros: David Henry HwangWHEN: October 7, 2025, 6:00 pm - 6:45 pm ETWHERE: Online eventHOST: Committee of 100Moderator: Peter Young, CEO and President of Young & Partners; Committee of 100 New York Regional Chair and Board MemberSpeaker:  David Henry Hwang, playwright, librettist, and screenwriterDESCRIPTION:  David Henry Hwang is an American playwright, librettist, screenwriter, and theater professor at Columbia University in New York City. He has won three Obie Awards for his plays FOB, Golden Child, and Yellow Face. He has one Tony Award (M. Butterfly) and three other nominations (Golden Child, Flower Drum Song, and Yellow Face), as well as a Grammy Award (Ainadamar) and one other nomination (Soft Power). Three of his works (M. Butterfly, Yellow Face, and Soft Power) have been finalists for the Pulitzer Prize for Drama.REGISTRATION: https://bit.ly/4nLsnAf

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APA Justice Task Force is a non-partisan platform to build a sustainable ecosystem that addresses racial profiling concerns and to facilitate, inform, and advocate on selected issues related to justice and fairness for the Asian Pacific American community.  For more information, please refer to the new APA Justice website under development at www.apajusticetaskforce.org. We value your feedback. Please send your comments to contact@apajustice.org.