CNN set to face high-stakes defamation trial that could have significant implications for network and broader journalistic landscape
The case stems from a November 2021 segment aired on "The Lead with Jake Tapper," in which U.S. Navy veteran Zachary Young alleges CNN falsely accused him of exploiting desperate Afghans by charging exorbitant fees for evacuations during the chaotic military withdrawal from Afghanistan.
Young claims the segment tarnished his reputation, labeling him as an illegal profiteer, causing substantial harm to his business.
Presiding over the trial in Bay County, Florida, Judge William S. Henry has ruled that Young "did not act illegally or criminally" and "did not take money from Afghans," countering CNN’s claims that his actions violated Taliban-imposed Sharia law.
The trial begins with jury selection and will delve into the network’s reporting practices, raising questions about accuracy, intent and journalistic ethics.
The segment at the heart of the trial portrayed Young as a key figure in a "black market" preying on desperate Afghans. Host Jake Tapper introduced the report, emphasizing stories of "desperate Afghans still trying to escape the country being preyed on by folks demanding they pay up big time."
Correspondent Alex Marquardt elaborated, describing exorbitant fees of $75,000 per vehicle and $14,500 per person for evacuations facilitated by Young. Marquardt’s reporting featured anonymous sources who claimed these costs were far beyond the reach of most Afghans, further intensifying the portrayal of Young as exploitative.
Young’s legal team asserts that CNN’s use of terms like "black market," "exploit," and "exorbitant" painted a false and damaging picture. Judge Henry dismissed CNN’s on-air apology, broadcast in March 2022 by substitute anchor Pamela Brown, as insufficient.
The apology acknowledged errors, particularly in the use of the term "black market," and extended regrets to Young. However, the judge noted that CNN failed to provide equivalent corrections for online articles or subsequent airings of the segment, a lapse that may weigh heavily in the trial.
Internal communications unearthed during the discovery process have added a controversial dimension to the case. These messages reveal CNN staff expressing doubts about the segment’s accuracy and tone.
Senior national security editor Tom Lumley privately referred to the story as "a mess," questioning its sweeping claims and incomplete details.
Megan Trimble, another editor, echoed these concerns, labeling the story "messy" and "not fleshed out for digital."
The messages also expose disparaging remarks directed at Young by CNN employees, including descriptions of him as having a "punchable face" and being referred to with profanities.
Such revelations bolster Young’s argument that the segment was driven by personal animosity rather than journalistic rigor. Marquardt’s own message to an editor, vowing to "nail this Zachary Young mf*****," further fuels allegations of bias.
CNN has defended its reporting, arguing that it accurately reflected concerns raised by Afghans who could not afford evacuation fees. The network’s legal team contends that much of the reporting consisted of opinions rather than factual assertions.
They also allege Young was uncooperative during the reporting process, providing inconsistent and false information about his operations.
However, Judge Henry’s rulings preclude the network from arguing that Young acted illegally, focusing the trial on whether CNN negligently misrepresented him.
Young’s attorneys view the trial as a critical moment for media accountability. Lead counsel Vel Freedman described it as "a chance for the media to reorient itself toward accuracy, accountability, and renewed public trust."
The lawsuit also highlights broader concerns about sensationalism in news coverage, with critics like Nicholas Fondacaro from the Media Research Center arguing that CNN prioritized emotional impact over factual precision.
The case takes place against a backdrop of evolving leadership at CNN. Since the segment aired, the network has experienced significant turnover, with former CEO Jeff Zucker departing, succeeded briefly by Chris Licht, and now Mark Thompson at the helm.
Despite these changes, anchor Jake Tapper and correspondent Alex Marquardt remain key figures.
If the jury finds CNN liable, it could pave the way for punitive damages, potentially involving a review of the network’s financial records. Warner Bros. Discovery, CNN’s parent company, has already been ordered to disclose substantial financial information as part of the trial.
While CNN remains confident in its defense, a verdict against the network would likely spark wider discussions about journalistic practices and the responsibility of major media outlets.
The trial also unfolds in a politically charged environment, reflecting heightened skepticism of the media across ideological lines. Legal observers, including University of Florida law professor Lyrissa Lidsky, suggest the internal communications revealed in court are "damning" and indicative of a lack of editorial oversight.
Former Bloomberg News counsel Charles Glasser has advised CNN to settle, emphasizing the need to admit fault and move forward.
As the trial begins, Young’s legal team aims to prove that CNN’s reporting was inaccurate and negligent, failing to meet basic journalistic standards.