There are more questions than answers at the moment about the motivations behind the firing of a CBS journalist and the reasons the media company seized her computer and confidential files.
Catherine Herridge, a senior investigative correspondent, was fired last week along with 19 other CBS news staffers amid a round of about 800 layoffs across Paramount, the owner of CBS. However, it was the retention of the reporter’s personal files that drew headlines internationally.
Typically, a journalist is entitled to keep confidential files that could reveal information about sources. For instance, Herridge is in the midst of an ongoing First Amendment legal battle over the identity of a confidential source relating to a story about a Chinese American scientist, which she covered while working at Fox News.
Some cited her past and present investigations into the Hunter Biden laptop fiasco and claims of corruption against President Joe Biden as a possible reason for the unusual seizure of personal property by CBS.
“She was pursuing stories that were unwelcomed by the Biden White House and many Democratic powerhouses, including the Hur report on Joe Biden’s diminished mental capacity, the Biden corruption scandal, and the Hunter Biden laptop,” wrote Jonathan Turley, a professor at George Washington University Law School.
Turley was the first to break the story in an opinion article published by The Hill. He claimed that the files CBS took contained confidential source information obtained by Herridge while at CBS and files from her previous work at Fox News.
“For many of us who have worked in the media for decades, this action is nothing short of shocking. Journalists are generally allowed to leave with their files,” he wrote, per The Hill. “Under the standard contract, including the one at CBS, journalists agree that they will make files available to the network if needed in future litigation. That presupposes that they will retain control of their files. Such files are crucial for reporters, who use past contacts and work in pursuing new stories with other outlets or who cap their careers with personal memoirs.”
“The heavy-handed approach to the files left many [reporters at the company] wondering if it was the result of the past reported tension over stories. Regardless of motive, the company is dead wrong,” he added.
CBS has defended the layoffs as a routine aspect of downsizing to meet financial goals. Still, Turley said the network would determine which, if any, of her records will be returned. Having spoken with unnamed CBS staffers, Turley said the “heavy-handed approach” has had a “chilling effect” on the newsroom.
Turley pointed out that CBS could “rifle through” her documents, potentially exposing information protected by various laws, including the possibility of sensitive medical records protected by HIPAA law.
The union that represents CBS employees, SG-AFRA, issued a statement on the seizure condemning CBS’s seizure of the files.
“This action is deeply concerning to the union because it sets a dangerous precedent for all media professionals and threatens the very foundation of the First Amendment,” the statement reads, according to the Daily Mail. “It is completely inappropriate for an employer to lay off a reporter and take the very unusual step of retaining and searching the reporter’s files, inclusive of confidential source identification and information.”
A CBS spokesperson told the Daily Mail the company has “respected her request to not go through her confidential files.”
“Catherine’s personal belongings were delivered to her home one week ago, and we are prepared to pack up the rest of her files immediately on her behalf — with her representative present as she requested,” the spokesperson added.
