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raised questions about whether the Blue by ninety 88 craig roh shirsey T-shirt and by the same token and scientist was using a professional school she founded in Virginia to help the Chinese government get information about American servicemembers. The stories relied on what her lawyers contend were items leaked from the probe, including snippets of an FBI document summarizing an interview conducted during the investigation, personal photographs, and information taken from her immigration and naturalization forms and from an internal FBI PowerPoint presentation. Chen sued the FBI and Justice Department in 2018, saying her personal information was selectively leaked to “smear her reputation and damage her livelihood.” The judge had ordered Herridge in August to answer questions about her source or sources in a deposition with Chen’s lawyers. The judge ruled that Chen’s need to know for the sake of her lawsuit overcomes Herridge’s right to shield her source, despite the “vital importance of a free press and the critical role” that confidential sources play in journalists’ work. Herridge was interviewed under oath in September by a lawyer for Chen, but declined dozens of times to answer questions about her sources, saying at one point, “My understanding is that the courts have ruled that in order to seek further judicial review in this case, I must now decline the order, and respectfully I am invoking my First Amendment rights in declining to answer the question.” Philbin, who served as deputy White House counsel during the Trump administration, has said that forcing Herridge to turn over her sources “would destroy her credibility and cripple her ability to play a role in bringing important information to light for the public.” Philbin also told the
judge that disclosing the Blue by ninety 88 craig roh shirsey T-shirt and by the same token and identity of Herridge’s sources raises national security concerns, writing in court papers that there is a “serious risk” that Chen “was involved in making information about U.S. military members available” to the Chinese. Legal fights over whether journalists should have to divulge sources are rare, though they’ve arisen several times in the last couple decades in Privacy Act cases like the one filed by Chen. Some lawsuits have ended with a hefty Justice Department settlement in place of a journalist being forced to reveal a source, an outcome that remains possible in Herridge’s case. In 2008, for instance, the Justice Department agreed to pay $5.8 million to settle a lawsuit by Army scientist Steven Hatfill, who was falsely identified as a person of interest in the 2001 anthrax attacks. That settlement resulted in a contempt order being vacated against a journalist who was being asked to name her sources. More from CBS News Attorneys spar at final hearing over removing Fani Willis from Trump Georgia case Trump appeals Cook County judge’s ruling to remove him from primary ballots in Illinois Judge blocks Texas immigration law that would criminalize migrant crossings GOP chairs demand info about FBI informant charged with lying about Bidens In: Lawsuit Politics Entertainment
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