Back during the Biden administration's botched withdrawal from Afghanistan, CNN and Jake Tapper ran a segment in which they implicated Zachary Young, a U.S. Navy veteran, of war profiteering. Here's what The LA TImes wrote about what prompted the suit:
The contractor, Zachary Young, was included in a November 2021 segment on war profiteers charging high prices to assist people in fleeing Afghanistan after the U.S. exited. The report used the term “black market” in an onscreen graphic and in a spoken introduction, which Young says falsely portrayed his activities as illegal.
The term was removed from the web version of the story after Young complained, and CNN issued an on-air apology, clarifying that he was not involved in illegal activity.
Young sued both CNN and Jake Tapper for defamation.
Now in some pre-trial motions, Young is stacking up the wins:
Navy veteran Zachary Young continues to rack up wins in the pre-trial motions of his defamation case against CNN. The court not only found that Young was not a "public figure" but found that he could secure punitive damages against the network. https://t.co/ra4H2uk7ba
— Jonathan Turley (@JonathanTurley) December 9, 2024
We previously discussed the defamation lawsuit brought by Navy veteran Zachary Young against CNN and anchor Jake Tapper. Young has been doing well in court and last week he won on additional major issues against CNN. In a pair of orders, the jury will be allowed to award punitive damages and his experts would be allowed to be heard by the jury on the damages in the case. It also found that the Navy veteran was not a public figure and thus is not subject to the higher standard of proof associated with that status.
The punitive damages decision is particularly interesting legally. It could prove financially onerous for the struggling network, which has plunging ratings and has reduced staff.
The court found that CNN’s “retraction” was insufficient to remove punitive damages from the table. In my torts class, we discuss retraction statutes and the requirements of time and clarity. I specifically discussed the CNN case.
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All CNN had to do was not be partisan hacks.
It’s almost like Jake Tapper, his producer and a reporter decided to get a guy who is a private businessman. Just trying to help Americans stuck in Afghanistan.
— commonsense (@commonsense258) December 9, 2024
They sure did.
A company has a moral obligation to not smear someone’s good name. They should be held accountable for what they’ve allowed to happen on air. How many times will they have to be sued for hundreds of millions of dollars before they get it?
— Suz (@Suzmgee) December 9, 2024
They keep doing it. They're incapable of learning.
Punitive damages is when it get real. It brought down Johns Manville in asbestos litigation. Looks like under certain circumstances, there is no cap in FLA. Well written jury instructions, such as "award sufficient to prevent the wrongdoing from occurring again", can decimate.
— Sidney O. Smith III (@SidOSmith) December 9, 2024
CNN deserves to be decimated.
Thank you for the analysis. CNN deserves punishment for the damage that it causes from it’s sensationalist news style.
— BevanAir (@david94006608) December 9, 2024
'Sensationalist' is putting it mildly.
Why won’t @jaketapper testify? https://t.co/W3MHPOzsV1
— Carl Gottlieb (@c_cgottlieb) December 9, 2024
We all know why.
How many big defamation suits is CNN already facing?
— RedBeard (@PirateBeerd) December 9, 2024
Gabbard had better file quickly.
This one from 2021 now in court is going badly for @CNN, and their misbehavior was so egregious that they're facing punitive damages for "actual malice". https://t.co/UnTqD68bWr
Actual malice.
This is especially ironic because the media jumped all over false accusations Donald Trump disrespected and smeared our troops. They were righteously indignant about those unverified claims, but then actually smeared a Navy veteran.
Wow. https://t.co/RExK3JzLEB pic.twitter.com/tL1y7uT57Y
— John Taliaferro Prince (@johnhprince1) December 9, 2024
Just amazing.
Despicable, but amazing.
They put this in writing.
Young is going to own CNN when all is said and done.
Jonathan Turley is a fantastic communicator on legal issues.
— Dan Fleming | Apartment Advisor (San Diego) (@DanFleming99) December 9, 2024
CNN appears to have a problematic case on its hands. The internal communications from its reporters and editors provide a glimpse into the agenda and bias viewers assume exists but rarely see. https://t.co/cGJAScO7ue
Yes, Turley is fantastic.
Also, we all see the bias. It shows in every news report. But to see the back channel communications is eye-opening.
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