Below is my column in The Hill on the trouble brewing at CBS over the seizure of the files of acclaimed investigative reporter Catherine Herridge. The column broke the story on the uproar over not just her being laid off but her being locked out from her files. I am now hearing from CBS sources that the network is moving toward a resolution to turn over the files after the outcry. However, the concerns over Herridge’s firing and the network’s handling of her confidential notes continues to draw fire from journalists and commentators. The union issued a statement (below) after the column that “CBS News’ decision to seize Catherine Herridge’s reporter notes and research … sets a dangerous precedent for all media professionals and threatens the very foundation of the First Amendment.”
Here is the column:
“Anyone who isn’t confused really doesn’t understand the situation.” Those words, from CBS icon Edward R. Murrow, came to mind this week after I spoke with journalists at the network.
There is trouble brewing at Black Rock, the headquarters of CBS, after the firing of Catherine Herridge, an acclaimed investigative reporter. Many of us were shocked after Herridge was included in layoffs this month, but those concerns have increased after CBS officials took the unusual step of seizing her files, computers and records, including information on privileged sources.
The position of CBS has alarmed many, including the union, as an attack on free press principles by one of the nation’s most esteemed press organizations.
I have spoken confidentially with current and former CBS employees who have stated that they could not recall the company ever taking such a step before. One former CBS journalist said that many employees “are confused why [Herridge] was laid off, as one of the correspondents who broke news regularly and did a lot of original reporting.”
That has led to concerns about the source of the pressure. He added that he had never seen a seizure of records from a departing journalist, and that the move had sent a “chilling signal” in the ranks of CBS.
A former CBS manager, who also spoke on condition of anonymity, said that he had “never heard of anything like this.” He attested to the fact that, in past departures, journalists took all of their files and office contents. Indeed, the company would box up everything from cups to post-its for departing reporters. He said the holding of the material was “outrageous” and clearly endangered confidential sources.
Herridge declined to make any public comments on her departure.
CBS also did not respond to my inquiries about this.
A source within the the union, SAG-AFTRA, confirmed that it has raised this controversy with CBS and remains extremely concerned about the effect of this action on journalistic practices and source confidentiality. The union believes this is “very unusual” and goes far beyond this individual case. “It is a matter of principle,” a union spokesperson added. “It is a matter of serious concern. We are considering all of our options.”
For full disclosure, I was under contract twice with CBS as a legal analyst. I cherished my time at the network. I have also known Herridge for years in both legal and journalistic capacities.
CBS is one of the world’s premier news organizations, with a legendary history that includes figures from Murrow to Walter Cronkite to Roger Mudd. That is why the hiring of Herridge was so welcomed by many of us. The network was at risk of becoming part of the journalistic herd, an echo-chamber for Democratic and liberal narratives. It had been mired in third place for ages, and it was moving in the wrong direction by alienating half of the country.
Herridge had been a celebrated investigative reporter at Fox News. An old-school investigative journalist, she is viewed as a hard-driving, middle-of-the-road reporter cut from the same cloth as the network’s legendary figures.
The timing of Herridge’s termination immediately raised suspicions in Washington. 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. She continued to pursue these stories despite reports of pushback from CBS executives, including CBS News President Ingrid Ciprian-Matthews.
Given the other layoffs and declining revenues, the inclusion of Herridge was defended by the network as a painful but necessary measure. But then something strange happened. The network grabbed Herridge’s notes and files and informed her that it would decide what, if anything, would be turned over to her. The files likely contain confidential material from both her stints at Fox and CBS. Those records, it suggests, are presumptively the property of CBS 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. 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 wondering if it was the result of the past reported tension over stories.
Regardless of motive, the company is dead wrong.
These files may contain sources who were given confidentiality by Herridge. The company is suggesting that the privilege of confidentiality (and the material) rest ultimately with CBS. As a threshold matter, that cannot be the case with regard to files that were generated during Herridge’s long stint with Fox News. Yet CBS appears to be retaining those files, too.
When sources accept confidentiality assurances, it is an understanding that rests with the reporter. It is a matter of trust that can take a long time to establish on a personal level between a reporter and a source.
It is certainly understood that the network stands behind that pledge. However, most sources understand that their identity and information will be kept protected by the reporter and only disclosed to a select group of editors or colleagues when necessary. It is the reporter who implicitly promises to go to jail to protect confidentiality — and many have done so. Such agreements are less likely to occur if sources are told that any number of unnamed individuals, including non-journalists, could have access or custody of these files.
When “Deep Throat” agreed to disclose his identity to Bob Woodward and Carl Bernstein, he was assured that they would protect it until his death. He would not have been so inclined if he had been told that this was a type of privilege by committee with potential disclosures to corporate, legal and HR personnel. Reporters like Herridge have long served as the primary defenders of privileged sources. Indeed, Herridge is still in court defending confidentiality over a series of stories at Fox News in 2017, even at the risk of being held in contempt.
CBS is suggesting that it will allow unnamed individuals to rifle through Herridge’s files to determine what will remain with the network and what will be returned to the reporter. That could fundamentally alter how reporters operate and how willing sources are to trust assurances that they will be protected.
In criminal cases involving privileged information, the government has an elaborate “filter team” system to wall off access to information under review. In the court system, judges use in camera and ex parte reviews to protect such information. Ironically, the media itself seems to take a more ad hoc approach. Indeed, CBS seems to have adopted a “Trust us, we’re the media” approach. However, that could expose these files to the access of unnamed lawyers, tech staff and others who are conducting this inventory and analysis.
CBS should reconsider this move before it does real harm to itself or its reporters. Ironically, it should not want to be the custodian of such records, which can expose the company to production demands in litigation, such as the ongoing fight over the confidentiality of the Fox sources. To store such documents is to invite a storm of subpoenas.
CBS could be forcing a showdown with the union, which must protect not only this journalist but all journalists seeking to maintain control and confidentiality of their files.
The union may have no choice but to go to court to force CBS to protect journalistic values, including a demand for an injunction to force the company to secure these files and bar review until a court has had a chance to consider these questions of confidential and proprietary claims to the files.
Famed CBS anchor Walter Cronkite once said “our job is only to hold up the mirror — to tell and show the public what has happened.” It now appears that CBS itself will have to look into that mirror and answer some questions of what happened to the confidential records of Catherine Herridge.
Jonathan Turley is the J.B. and Maurice C. Shapiro professor of public interest law at the George Washington University Law School.
Here is the statement of the SAG-AFTRA union:
SAG-AFTRA strongly condemns CBS News’ decision to seize Catherine Herridge’s reporter notes and research from her office, including confidential source information. 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.
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. From a First Amendment standpoint, a media corporation with a commitment to journalism calling a reporter’s research and confidential source reporting “proprietary information” is both shocking and absurd.
The retention of a media professional’s reporting materials by their former employer is a serious break with traditional practices which supports the immediate return of reporting materials. We urge CBS to return this material to Catherine in support of the most basic of First Amendment principles. We are encouraged by recent outreach by CBS News to SAG-AFTRA on this matter, and we are hopeful that it will be resolved shortly.
Doesn’t this provoke discussion of; Is a reporter an employee or a contractor?
Three thoughts: 1) CBS union employees should strike CBS until all files are returned to Herridge, 2) How can anyone ever, ever trust a CBS journalist with confidential information?, 3) Perhaps both.
Pertinent to the editorial: The “media” today has zero interest in actual “reporting”, and so has no incentive to maintain/retain reliable sources, confidential or otherwise. All it cares about is creating narratives and memes to generate clicks and consequentially ad revenue. There is no honesty or integrity desired, permitted, or in any other way involved in the process. While this behavior is currently most obvious with the “Woke”, left/progressive media, I am seeing far too many similar symptoms from outfits toward the other end of that spectrum. If and when the tables of power turn, will we see just as much antipathy toward reason and varied opinions as we do now?
Either the comment seciton for this site has technical problems, or the comment community is going further South with every Turley editorial. Why do the majority of the comments to this article have nothing at all to do with the topic upon which Turley wrote? That bespeaks a ridiculous lack of self-discipline on the part of the posters (I inlcude myself, as I did write a reply to an OT comment . I will try to do better). It also suggests that no one with power/resposibility over the site is paying sufficient attention to try to exert any kind of positive control.
The Left Embraces “The Man”
When an individual or political party suddenly switches sides, you should smell the stink of a rotten motivation. That switch is a means to an ends.
The Left has long embraced employees and unions over employers — you know: “Stick it to the man.” But suddenly, just on this issue, Herridge (and her union) are “the man.”
I wonder why that is.
Fani’s team has apparently filed a brief arguing that the cell phone tracking data isn’t relevant and should be excluded.
Maybe, but it tends to independently corroborate the testimony of her friend that the affair she had with her paramour began well before she hired him at an exorbitant salary.
It makes it even more important that the text messages be released. If she is speaking true and no intimate relationship existed earlier the innocent text messages would go a long way to making her point and putting the matter to rest.
Yet, strangely, she opposes release of what [if she speaks true] should be exculpatory evidence.
Now there are indications that she may have devoted Covid funds to pay her boy toy’s exorbitant salary…another issue to contend with.
She is beginning to look like someone struggling in quicksand and sinking. How many will go down with her?
Ms Behar would like somebody to pinch her Fani
It is time to talk the Truth about the abuse: This has gone far to far.
When the addiction of Other individuals displace and ruin Others lives.
The addiction of Greed, that of Hunter & Joe Biden, the addiction of Power that of Hillary Clinton, and her long line of Accomplices … a Russian Narrative.
The injuries that Catherine Herridge sustained are the displaced abuses and consequences of Other Peoples Addictions.
America has become the recipient of Other Peoples Addiction abuse.
The Bidens, Clintons, Trump, etc. The upper levels of the Alphabet Agencies, all Greedy and Power hungry Addicts.
America needs to check into a Al-Anon House and come to grips with the reality of this situation.
They are destroying Us with Their Addictions.
My support goes out to Catherine Herridge, and that She finds that strength comes from All of Us whom resolve the Truth about the abuses of Addiction , together.
WE are here for you Catherine
The best part is, the defense lawyers had the phone records before Wade and Fani were called to testify. Their intent was just to let them perjure themselves. It explains why they were willing to let Fani rant and rave on the stand. Just get her to deny everything.
Those two have to be some of the dumbest “lawyers” ever.
I wonder if Dennis still thinks Fani is the “first intelligent black woman in a courtroom”.
I tried to warn you what was coming last summer, Dennis.
Remember Willis and Wade would be the cream of the crop of those involved in running the election in 2020 in Atlanta.
To those of you who think that there was no election fraud in 2020.
Willis and wade have beyond any doubt now, committed perjury.
they were both asked under oath if Wade had ever stayed overnight with Willis and they said NO.
While the phone evidence strongly suggests they had a sexual relationship. which they lied about under oath.
It beyond any doubt demonstrates that Wade stayed at willis’s over night on several occasions prior to Nov 2021.
Falsus in unum flasus in omnibus.
O T – Wonderful to see that Tulsi Gabbard’s name appears on Trump’s short list of possible VP choices. Naturally, she is already under attack by Democrats, e.g., the ladies of “The View”, for being pro-Putin. Why is she pro-Putin? The main reason is that in 2017 she dared, while a member of Congress, to go to Syria and engage in “fact finding” to see why we were involved in that country’s civil war. She also had the temerity to personally meet with Assad. She came back convinced that we had no interest in being involved in that war. Her Democratic Party critics contend that that view makes her “soft on Putin.” But she proved that she had the courage to attempt to determine the facts on the ground there rather than listen to the warmongering American press corp. In the next four years, Trump will need courage, his own and that of his closest associates, to stand up to what the Democrats have in strore for him after he wins the Presidency again. No one has more courage, emotional stablility and good judgment than Gabbard. She has already proved that she will stand up to the Democratic establishment if necessary.
In every revolution a shake is needed for people to wake up! Journalists from left to right are waking up!
Among all the scandalous events that are shaking New York City in recent months (shameful legal verdicts, the indecent remuneration of immigrants, and now this one) journalists seem to understand “that any of them could be next.”
Jimmy Kimmel Suggests He May Be Ending His Late-Night Show (ABC)
https://conservativebrief.com/jimmy-he-81314/
Greg Gutfeld Threatens To Leave New York For Florida (Fox News)
https://conservativebrief.com/greg-leave-81316/
More interesting is the response of SAG-AFTRA
“SAG-AFTRA strongly condemns CBS News’ decision to seize Catherine Herridge’s reporter notes and research from her office, including confidential source information. 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.”
SUPPORT THEY DIDN’T GIVE TORKER CALSON WHEN FOX FIRED HIM (AND TRIED TO SHUT HIM UP FOR THE NEXT 2 YEARS) AND THE SUBSEQUENT FIRING OF THE COLLEAGUES WHO SUPPORTED HIM WITHIN FOX
Judge McAfee has set a hearing for next Friday on disqualification of Georgia’s most prominent Fanny.
Given his history I suspect he may have wanted to give a mild reprimand and kept her text messages secret and kept her in place.
But I am not sure that is possible now unless he wants to destroy his reputation. The text messages have to be revealed given the location data released today. He can sit on them but several other organizations are involved now and some of those are likely to look in the cookie jar.
Pepys says the English celebrated the end of the Rump Parliament with bonfires over which actual rumps were roasted. Does Mar-O-Lago have a fire pit? I would like to see a celebration like that in a little while. Here’s to the end of the Rump!
The text messages should have been produced on Feb 17, the day after the witness said they were lying about the time line of their relationship.
Of course, Wade claimed in advance that any phone records showing him at Fani’s place in 2021 were inaccurate.
I mean, these two act like they’ve never been in a courtroom before.
Young – is there a fire pit there big enough to warm up Fani’s rump?
I know that the Judge donated to Willis’s campaign.
I do nto know the ethics rules in GA – in NY that would bar him from participating in this case.
But then NY is not enforcing its own ethics rules.
Regrdless based onm the evidence so far, McFee is not one of these left wing nut lawless judges Trump has had to deal with.
I think he has made a number of WRONG decisions so far – but they are not important wrong decisions and in most cases he gave the defense a significant portion of what they wanted.
I am not sure if he lost control of the courtroom in the Willis hearings, or if he just decided to give Willis enough rope to hang herself when she refused to follow his admonishments – which themselves gave her far too much latitide.
\
Further even if he was heavily biased – the writing is on the wall. Willis and Wade committed CLEAR perjury.
It is likely they did so many times. But it is certain that Each lied about overnight stays prior to Nov 2021.
Further no matter what he decides – other legal actions against Willis will proceed.
Shje can not run this case while facing mutiple investigations and impeachments.
And McFee does npot want to be on the wrong side of this.
I think McFee will proceed slowly. The case will languish for some time, and then he will remove Willis and Wade and the DA’s office.
I think McFee will proceed slowly. The case will languish for some time,
History shows this to be SOP. The Judge will see if public opinion will get them to do the right thing and resign. If not, he removes them.
Despite what the left demands, there is no ticking clock on this trial.
John,
That sounds right. I was initially impressed with the judge but his having worked for her at one time is likely to make it a little more difficult for him to decide against her. It would for me but I like to think I would ultimately do the proper thing or step aside if I thought I couldn’t.
The evidence that she abused her office and committed perjury seems fairly strong now and the appearance of impropriety is blatant. He might base a decision to set her aside on the mere appearance and reach the right result without tarring her with actual crimes. We will see.
CBS – They keep Mo Rocca over Catherine Herridge [Go-Figure???]
https://web.archive.org/web/20240220072549/https://www.cbsnews.com/team/catherine-herridge/
Who’s Next at CBS News ?
Norah O’Donnell and CBS News have come to terms on a new deal that will keep the anchor at “CBS Evening News” beyond the 2024 election, …
Anchors & Correspondents
[Link] cbsnews.com/team/
Executives
[Link] cbsnews.com/executive-team/
Susan Zirinsky (a.k.a.: Jane Craig character of Broadcast News (1987))
Former CBS News President, who is now running CBS production outfit ‘See it Now Studios’.
[Link] .cbsnews.com/team/susan-zirinsky/
Wendy McMahon – President and Chief Executive Officer of CBS News and Stations and CBS Media Ventures.
[Link] cbsnews.com/team/wendy-mcmahon/
Both report to:
George Cheeks, president and CEO of CBS and Chief Content Officer, News and Sports for Paramount+
https://deadline.com/2022/11/george-cheeks-new-structure-of-cbs-studios-paramount-tv-1235185297/
F.Y.I.: “CBS This Morning” and “CBS Evening News” moved its main operation to the Nation’s Capital.
Deadline Reports On CBS Lay-Offs
The companywide layoffs at Paramount Global on Tuesday impacted about 20 employees at CBS News, including correspondents Catherine Herridge and Jeff Pegues, several sources said.
Herridge joined CBS in 2019 from Fox News, and served as senior investigative correspondent covering national security and intelligence. She has been in a First Amendment legal battle over a stories she did when she was at Fox News on a federal investigation of a Chinese American scientist. A federal judge had ordered her to reveal her source or face hefty fines.
Paramount Global CEO Bob Bakish announced the layoffs earlier today, impacting about 3% of the workforce. That was estimated to be about 800 employees.
https://deadline.com/2024/02/cbs-news-layoffs-catherine-herridge-1235824772/