CNN faces defamation suit over Afghanistan withdrawal story: 'Evidence of actual malice'

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CNN faces a defamation lawsuit over a 2021 story centered around the chaotic Afghanistan withdrawal as the network gears up for Thursday’s presidential debate between President Biden and former President Trump.

Judges with the First District Court of Appeal for the State of Florida ruled on June 12 that the plaintiff, Zachary Young, offered enough evidence that he was able to move forward with a defamation suit against CNN for punitive damages. 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 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."

Young, a U.S. Navy veteran, argued 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," which was shared on social media and also repackaged for CNN's website.

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Jake Tapper, who is set to co-moderate CNN’s debate between President Biden and former President Trump, is at the center of a defamation lawsuit.  (CNN/Screenshot)

Tapper, who will co-moderate the highly anticipated Biden-Trump debate, began the segment by 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 or $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. 

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Plaintiff Zachary Young’s photo was aired by CNN during the segment in question.  (CNN/Screenshot)

Young alleged that CNN using the terms "black market," "exploit" and "exorbitant," painted him as a bad actor preying upon desperate people. 

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. 

NewsBusters, a branch of the conservative Media Research Center, reported that CNN "since deleted the segment in question from their CNN Transcripts" archive page, but it can still be viewed on NewsBusters. 

"At no point did they mention anything about the dangers involved with getting people out of a country controlled by terrorists and freshly abandoned by the Biden administration," NewsBusters associate editor Nicholas Fondacaro wrote. 

"Though not a direct quote of CNN, the judges wrote that CNN’s defense for their internal attacks on Young was ‘journalistic bravado,’" Fondacaro added. "Will Tapper put that journalistic bravado on display during the first presidential debate?"

CNN did not immediately respond to a request for comment about the lawsuit. 

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CNN host Jake Tapper and correspondent Alex Marquardt during the segment at the center of a defamation lawsuit.  (CNN/Screenshot)

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Fox News Digital’s Emma Colton and Hanna Panreck contributed to this report.