CNN defamation trial: Judge imposes fine for personal jabs after chaos erupts in court
PANAMA CITY, FLORIDA – There were fireworks in Bay County Court on Thursday during the third day of high-stakes testimony from the plaintiff in a defamation lawsuit against CNN, resulting in the judge imposing a fine for personal jabs going forward.
U.S. Navy veteran Young alleges that CNN smeared him by implying he illegally profited when helping people flee Afghanistan on the "black market" 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 November 11, 2021, segment that first aired on CNN’s "The Lead with Jake Tapper."
Young had previously said during deposition and testimony that he never received money or found work in his industry following CNN’s report. That became critical during cross-examination when CNN lead counsel David Axelrod, who is not the same person as the on-air pundit with the same name, pulled out a document that was not familiar to the plaintiff or the court.
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Judge William Henry sent the jury out of the room to discuss the matter without them present. The document was a contract that tied Young to a company called Helios Global. It was signed by Young and dated December 8, 2021 – after the CNN report aired.
Young’s attorney, Vel Freedman, noted that Helios Global came up during the discovery process and "CNN chose not to send a subpoena" for any documents.
"We did not have this document, or it would have been produced and that does not mean Mr. Young violated his discovery obligations," Freedman said.
He then blasted CNN for using it as a "surprise document" for "dramatic effect."
"We’re not supposed to have trial by ambush in this state," Freedman said.
"This is wholly inappropriate," he continued. "And CNN should not be permitted to use this document. They should have provided it to us first."
Freedman then called CNN’s legal team "desperate," which prompted snickers from their bench.
Judge Henry then scolded both sides for "personal attacks" and insults.
Axelrod shot back, "The plaintiff’s entire case is that after the CNN publication he couldn’t get any work."
Axelrod then said Young "knew he entered into a new agreement with a government contractor one month after CNN’s publication."
"This entire lawsuit was a fraud on this court. It was a fraud on CNN," Axelrod said, adding that Young "lied" in his deposition.
"He made up some incredible ruse," Axelrod said. "This lawsuit was a fraud from day one."
The two sides bickered back and forth until Judge Henry declared both sides were guilty of "throwing mud back and forth."
"I’m not going to rule based on who can make each other out to be the worst person in this case," Judge Henry said.
Judge Henry then called for a recess because he wanted to return to his chambers and think things over. That resulted in a lengthy delay, as journalists and other attendees speculated if the whole trial would get tossed as a result. Based on Axelrod’s reaction to the document, most of the people observing the trial assumed the document showed that Young was paid as a consultant by Helios, which would have contradicted sworn testimony.
Judge Henry eventually returned and ruled that the trial would go on, and the document was allowed to be used. Judge Henry suggested knowledge of the document was clearly in Young's "brain," even if he didn't have a physical copy to hand over during discovery. He also ruled it doesn’t result in prejudice to admit it this late.
"I don't expect this to happen again. I think I said this the last time," Judge Henry said.
The judge imposed a $100 fine for each time a lawyer makes a personal insult to the other side going forward, with the money going to North Florida Legal Services.
After the stunning break in the trial, it resumed, and Axelrod briefly touched on the document that seemed so critical. Axelrod noted that it was headlined "consultant security agreement" asked Young if he signed the document on December 8, 2021, and asked if that date was after the CNN segment.
"Yes," Young answered.
Shortly afterwards, Axelrod wrapped up his cross-examination.
Freedman later asked Young to clear up the document ordeal during redirect.
"Once you leave government services, you can’t personally hold a [security] clearance by yourself. It has to be through a company that has an agreement with the United States government. They are the ones that have to sponsor the clearance. Clearance is issued by the U.S. government," Young said.
"This is just a company, like any defense contractor, that has the contracts with the U.S. government, and they hold the clearance for the individual," Young said. "Every year you have to sign this administration document with whoever holds your clearance. In this case it’s Helios. It’s not an agreement to do work… it’s just an administrative function."
Young testified that he turned over seven years’ worth of bank records and there were no payments from Helios to him.
"CNN knows this, there’s no transfers from Helios Global," Young said.
So, in the end, Young testified under oath that he didn’t take money from Helios after the CNN report aired and, therefore, he did not lie when he said he didn’t make any money in his industry in the aftermath of the CNN report – but the North Florida Legal Services might get a few donations if the hostile environment remains.
The trial will resume on Friday and can be live-streamed on Fox News Digital.