CNN turns over internal documents as part of high-stakes defamation suit
FIRST ON FOX – CNN on Thursday night handed over a batch of internal documents to the legal team representing U.S. Navy veteran Zachary Young in a high-stakes defamation lawsuit against the news organization, Fox News Digital has learned.
Young alleges that CNN smeared his security consulting company, Nemex Enterprises Inc., by implying it illegally profited when helping people flee Afghanistan during the Biden administration's military withdrawal from the country in 2021. Young believes CNN "destroyed his reputation and business by branding him an illegal profiteer who exploited desperate Afghans" during a Nov. 11, 2021, segment on CNN’s "The Lead with Jake Tapper."
The document production comes after Judge William Henry agreed with Young’s lead counsel Vel Freedman that CNN should hand over sensitive financial information that the cable network presented to its parent company, Warner Bros. Discovery, in order to determine CNN’s net worth.
CNN’s legal team turned over a batch of documents that the plaintiff's legal team argued are relevant to determine the company’s ability to pay before Thursday’s midnight deadline, according to a source close to the case.
Freedman confirmed he received the documents but declined further comment when reached by Fox News Digital.
CNN did not immediately respond to a request for comment.
The CNN segment at the center of the suit, which was shared on social media and also repackaged for CNN's website, began with Tapper informing viewers that CNN correspondent Alex Marquardt discovered "Afghans trying to get out of the country face a black market full of promises, demands of exorbitant fees, and no guarantee of safety or success."
Tapper tossed to Marquardt, who said "desperate Afghans are being exploited" and need to pay "exorbitant, often impossible amounts" to flee the country. Marquardt then singled out Young, putting a picture of his face on the screen and saying his company was asking for $75,000 to transport a vehicle of passengers to Pakistan for $14,500 per person to end up in the United Arab Emirates.
"Prices well beyond the reach of most Afghans," Marquardt told viewers.
"We got Young’s number and called, but he didn’t pick up. In a text message, he told CNN that ‘Afghans trying to leave are expected to have sponsors pay for them. If someone reached out, we need to understand if they have a sponsor behind them to be able to pay evacuation costs which are highly volatile and based on environmental realities,’" Marquardt continued. "Young repeatedly declined to break down the cost or say if he’s making money."
No other people or companies were named other than Young.
"In another message, that person offering those evacuations, Zachary Young, he wrote, ‘Availability is extremely limited and demand is high’… he goes on to say, ‘That’s how economics works, unfortunately,’" Marquardt told viewers.
Tapper responded, "Unfortunately, hmm," before thanking Marquardt for the report.
CNN FACES DEFAMATION SUIT OVER AFGHANISTAN WITHDRAWAL STORY: 'EVIDENCE OF ACTUAL MALICE'
Young alleged that CNN, using the terms "black market," "exploit" and "exorbitant," painted him as a bad actor preying on desperate people.
Earlier this year, judges with the First District Court of Appeal for the State of Florida ruled on June 12 that Young offered enough evidence that he was able to move forward with the defamation suit.
"Young sufficiently proffered evidence of actual malice, express malice, and a level of conduct outrageous enough to open the door for him to seek punitive damages," the court document states. "Whether Young can ultimately prevail is not the issue before us."
The judges wrote, "Young proffered CNN messages and emails that showed internal concern about the completeness and veracity of the reporting — the story is ‘a mess,’ ‘incomplete,’ not ‘fleshed out for digital,’ ‘the story is 80% emotion, 20% obscured fact,’ and ‘full of holes like Swiss cheese,’" but the network aired it anyway.
"Young also proffered a message exchange he had with Marquardt just hours before publication where he advised there were factual inaccuracies in the reporting. CNN published anyway," the judges wrote, adding that other internal communications show CNN staffers "had little regard" for Young and used profanities and disparaging language when privately discussing him.
"Marquardt referred to him as 'f---ing Young' and quipped, 'it’s your funeral, bucko,'" according to the court document.
"On appeal, CNN argues it did not intend to harm; its language was either opinion or ambiguous; and the internal communications were journalistic bravado that reflected a sincere belief in the reporting," the judges wrote.
A civil trial is scheduled to begin on Jan. 6, 2025, in front of Judge Henry in the Circuit Court for Bay County, Florida.