CNN Loses Court Battle, Will Now Head To Trial

A lawsuit alleging defamation by CNN against a former U.S. Navy veteran may proceed, a Florida judge ruled on Tuesday, setting up a high-stakes trial three years after the network’s initial coverage of the 2021 Afghanistan withdrawal.

Bay County Circuit Court Judge William S. Henry ruled in documents obtained by Fox News that Navy veteran Zachary Young “did not act illegally or criminally” while his company participated in federal contracts to assist with exfiltrating U.S. soldiers and equipment from Afghanistan. Young launched his lawsuit following a November 11th, 2021, segment on CNN’s “The Lead with Jake Tapper” where the reporter accused Young of operating in a black market and cited Sharia law in determining that he acted illegally by profiting from the withdrawal. The latter was “a bridge too far,” Judge Henry wrote in his ruling.

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In his segment, Tapper and investigative reporter Alec Marquardt stated Young and others took advantage of “Afghans trying to get out of the country,” offering them instead “a black market full of promises, demands of exorbitant fees, and no guarantee of safety or success.” The network cited Young and his limited liability company being among those charging “exorbitant, often impossible amounts” to fleeing Afghans and put a headshot of Young in the broadcast, claiming his company charged $75,000 to transport a vehicle of passengers to Pakistan or $14,500 per person to send them to the United Arab Emirates. “Prices well beyond the reach of most Afghans,” Marquardt told viewers.

CNN lawyers countered, stating in filings that there are many definitions constituting a “black market” while suggesting that Young “did not know if he was operating legally or illegally, and that his actions implicated Taliban or Sharia law violations.” That was a specious argument, Judge Henry wrote. “First, there is nothing in the record to suggest that any Taliban or Sharia law which would restrict the movement of persons (especially women) within or out of Afghanistan was properly enacted, adopted or recognized law to even suggest that evacuating individuals from Afghanistan was a criminal or illegal activity. In fact, the only information contained in the record suggests that formal adoption of any rules restricting travel within or out of Afghanistan did not occur until 2024 – almost three years after the publications in this case,” the judge ruled.

“Further, Defendant did not plead the application of any foreign law to this case. Finally, and perhaps most importantly, Defendant’s corporate representative acknowledged that Defendant’s reporting did not uncover illegal or criminal activity committed by Young,” the judge continued. “Accordingly, there is no dispute as to material fact that Young did not act illegally or criminally.” He added that the “black market” references in the segment were specifically “of and concerning Young.”

“The Segment that aired in this case include a chyron containing the term ‘black market.’ While Young was the only individual that was identified by name and photo during the Segment and it would be entirely plausible for a viewer to conclude that Defendant was suggesting Young was operating in a black market, the piece vaguely referenced other individuals providing extraction services and did not specifically state that Young was a black-market operator. On this basis, the Court finds that there is an issue of fact as to whether any statements or references of ‘black market’ were of and concerning Young,” the judge wrote.

A civil trial is scheduled to begin January 6th, 2025 before Judge Henry in Bay County, Florida. The result builds on a 2023 ruling the judge granted in Young’s favor, saying that he may include punitive damages in his suit. During discovery, Young’s attorneys uncovered internal CNN emails that included comments like “We gonna nail this Zachary Young” and where employees admitted their investigation was “full of holes like Swiss cheese,” Law.com previously reported.

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