Media, Torts

“Illegal Under Taliban Law”: CNN Seeks Summary Judgment Under a Curious Claim in Defamation Case

CNN has been fighting a defamation case brought after a segment by Jake Tapper that accused Zachary Young and his company Nemex Enterprises Inc. of preying on people seeking to flee Afghanistan, even suggesting that he was a type of human trafficker. CNN’s new motion for summary judgment raised eyebrows in citing Sharia law to say that what Young was doing in rescuing people was unlawful under Islamic restrictions.

CNN recently lost a recent major ruling from Judge L. Clayton Roberts in which he found that there was evidence of malice by CNN to support the higher standard needed for defamation. The evidence in the case is remarkably bad for the network after discovery of internal memoranda and emails.

The report at the heart of the case aired on Nov. 11, 2021, segment on CNN’s “The Lead with Jake Tapper” and was shared on social media and (a different version on) CNN’s website. In the segment, Tapper tells his audience ominously how 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.”

Marquardt piled on in the segment, claiming that “desperate Afghans are being exploited” and need to pay “exorbitant, often impossible amounts” to flee the country. He then named Young and his company as the example of that startling claim.

The damages in the case could be massive but Young had to satisfy the higher New York Times v. Sullivan standard of “actual malice” with a showing of knowing falsehood or a reckless disregard of the truth. Judge Roberts found that “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 evidence included messages from Marquardt that he wanted to “nail this Zachary Young mfucker” and thought the story would be Young’s “funeral.” After promising to “nail” Young, CNN editor Matthew Philips responded: “gonna hold you to that cowboy!” Likewise, CNN senior editor Fuzz Hogan described Young as “a shit.”

As is often done by media, CNN allegedly gave Young only two hours to respond before the story ran. It is a typical ploy of the press to claim that they waited for a response while giving the target the smallest possible window.

In this case, Young was able to respond in the short time and Marquardt messaged a colleague, “fucking Young just texted.”

After losing the earlier motion on malice, CNN’s lead counsel Deanna K. Shullman surprised many in the motion of summary judgment by turning to Sharia law in defense of CNN. She argued that

“this entire defamation case centers on Young’s accusation that CNN implied he engaged in illegal conduct when he arranged, for a substantial fee, to have women smuggled out of Afghanistan…[D]iscovery has indicated that those activities he orchestrated and funded, which involved moving women out of Afghanistan, almost certainly were illegal under Taliban rule.”

Young’s counsel objected and noted that the allegations were never that “what Young and other private operators were doing was illegal under Taliban law.”

It is hard to see how CNN would prevail on this summary judgment motion. At most, this would seem a question that requires a finding of fact from a jury. I would be surprised if jurors agree with CNN that the outrage expressed by the network was based on the violation of the draconian, oppressive laws of the Taliban. Those were the very laws that these people were desperately trying to escape.

The case could not come at a worse time for CNN which has been struggling with low ratings, layoffs, and failing revenue.

 

 

96 thoughts on ““Illegal Under Taliban Law”: CNN Seeks Summary Judgment Under a Curious Claim in Defamation Case”

  2. I have never heard of Zachary Young, but anyone who can provoke such vitriol from CNN must be a prince.

  3. They’ve brought it on themselves. Pravda is not media, and I would not be saddened if CNN ceased to be a thing. Actions have consequences, and I would hope that every one of these tools would be ashamed, I doubt they will. Disdain for the media is being too kind. And bear in mind that overseas, CNN is largely the only American media the average person sees.

    1. CNN has been nothing but tabloid-type bovine excrement since Bernard Shaw and Wolf Blitzer were cheer leading the first War on Iraq. And I don’t mean higher-class tabloids like the Enquirer, either. More like the Philadelphia Urinal (Journal), featuring front page headlines such as “TEACHER KILLED BY NAIL THROUGH HEAD!”

  4. You know what else is illegal under Taliban rule? Not STONING TO DEATH females who have sex out of marriage. Yeah, let’s use Sharia as our standard. How many CNN correspondents could survive that scrutiny.

  5. See below as the lonely Draft Dodger Dennis MacIntyre tries to change the subject on what he perceives to be his own personal blog.

    He could use a friend.

  6. Jonathan: The defamation lawsuit against CNN may appeal to your torts students but for the rest of us? No so much. Far more interesting is Elon Musk’s continuing fight with British authorities. What’s that about?

    Business Insider today has a headline article: “Elon Musk is helping fuel the flames of far-right rioting on X”. This stems from the far-right riots that erupted across the UK against Mosques and other Muslim targets after fatal stabbings at a children’s dance class. Three children died at the Taylor Swift-themed summer holiday dance and yoga class in Southport, near Liverpool.

    A 17 yr old male was arrested and far-right riots erupted alleging the attacker was a Muslim immigrant. It turns out the attacker is Alex Rudakubama who was born in Wales. British authorities have pointed out that much of the disinformation about the attacker was spread on social media–especially on Musk’s X. One X follower posted: “The effects of mass migration and open borders is what’s going on”. In response Musk added fuel to the fire: “Civil war is inevitable”.

    Musk’s platform amplified the false claim the attacker was “Al-Shakati”–who does not exist. But the claim was that he was a Muslim asylum seeker. This disinformation spread on social media and led to the riots by right-wing thugs. Far-right instigators in the UK were banned on Twitter but their accounts were reinstated after Musk bought the company. Sander Van der Linden, professor at Cambridge University, pointed out: “Twitter also previously had massive fact-checking and moderation resources before Musk took over and got rid of all of that”.

    It’s pretty clear. Elon Musk has turned X into a sewer of misinformation and disinformation–that he now amplifies to serve his own rightwing conspiracy theories. He has now reached a new low by encouraging violence against the Muslim community in the UK!

    2. Your psuedointellectual babble is the type of free speech that X protects.
      Morons manufacturing self indicting irony is a tale as old as time…

    3. BBC Describes Violent Birmingham Riot as “Largely Peaceful”
      “Hundreds of Muslim men gathered on the streets of Birmingham near the Village Islamic Centre after reports of a “far-right” rally that never materialized.

      What did unfold was severely downplayed or ignored completely by a media that has for a week been busy blaming all the disorder on white, working class people despite the presence of mobs of Muslim men who have also fueled the violence.”

      One of the mob said the attack on the pub was a means of “asserting dominance.”

      The foreigners in Birmingham made their way to a local pub. Listen to the way this foreigner is talking.

      “We’re asserting dominance” pic.twitter.com/xDFaW9vgTG
      — SL (@Steve_Laws_) August 5, 2024

      https://modernity.news/2024/08/06/bbc-describes-violent-birmingham-riot-as-largely-peaceful/

  7. For clarification, the malice element applies when a defamation defendant(s) is/are media entities or persons, for First Amendment free press purposes.

    Perhaps CNN, and Tapper, if he is a co-defendant, should plead The Rachel Maddow Defense: “The statement could not reasonably be understood to imply an assertion of objective fact, and therefore, does not amount to defamation.” In non-lawyer terms, no one in his or her right mind would regard this show as an actual news show reporting facts. It worked for Maddow: https://www.courthousenews.com/ninth-circuit-backs-dismissal-of-defamation-suit-against-rachel-maddow; https://www.courthousenews.com/wp-content/uploads/2021/08/herring-maddow-9ca.pdf.

    2. Won’t work here.
      The issue is that there was a so called journalist who was making the remarks. The emails/texts back that up.
      So I suspect when the court laughs at them and rejects their argument… CNN will start writing massive check(s) to him and his lawyer.

      -G

  8. Completely Off Topic, but extremely important
    “several Federal Air Marshal whistleblowers have come forward with information showing that former U.S. Representative and Presidential candidate Tulsi Gabbard is currently enrolled in the Quiet Skies program. Quiet Skies is a TSA surveillance program with its own compartmentalized suspected terrorist watchlist. It is the same program being weaponized against J6 defendants and their families.”… It is the same program being weaponized against J6 defendants and their families… LaBosco shared that Gabbard is unaware she has two Explosive Detection Canine Teams, one Transportation Security Specialist (explosives), one plainclothes TSA Supervisor, and three Federal Air Marshalls on every flight she boards… LaBosco believes TSA and Homeland Security are violating citizens’ constitutional rights in a ‘big domestic surveillance grab’ that seems to be targeting conservatives.”
    Just to be clear, this is NOT being done in order to protect Gabbard in any way, shape or form, it is being done as part of a pervasive and ongoing effort by THE REGIME to target anyone who has the temerity to question the Regime’s edicts and distortions, and does so in any effective manner. This abusive behavior on the part of The Authoritae has to be brought to a complete, screeching halt, very soon, or it will be far too late (if that is not already the case).

    Federal Air Marshal Whistleblowers Report Tulsi Gabbard Actively Under Surveillance via Quiet Skies Program by Wendi Strauch Mahoney
    https://uncoverdc.com/2024/08/04/fams-whistleblowers-report-tulsi-gabbard-on-quiet-skies-list

  9. Imagine writing such damning emails or texts, hitting send and then not expecting that maybe you could be in legal jeopardy? These people are playing checkers as they try to destroy the lives of those with which they disagree.

    Sue them today, sue them tomorrow, sue them every day until they learn to act like decent human beings.

    1. Just like the emails from Fox News in the Dominion case. At least they still have the Smartmatic case to settle. Turley has been vewy vewy quiet about that one.

        1. The issue is about defamation by news organizations. Fox News is still involved in a defamation case with Smartmatic. Comparing the two is well within the topic at hand.

      2. georgiee says, “vewly vewy” quiet
        Naw, are you copycatting again from “veddy veddy?”
        Nice to know you are so impressionable to want to emulate others here.

        1. You don’t recognize that? Saturday morning cartoons? Elmer Fudd? “That wascally wabbit, heheheheheheh”.

          1. We recognize you from this, Svelaz. It’s you, every day here.

            Uh, huh huh, nope, uh nope, uh nope.

            1. Who the heck is Svelaz? How did he/she hurt you? it must have been really bad if you’re this obsessed with this individual.

    2. “Until they learn to act like decent human beings”? For CNN, moreso MSNBC, indeed most of the corporate MSM, that is a lost cause.

  10. It’s’ a bit amusing that the professor, with a bit of glee, wrote this column as comeuppance for CNN for the disaster that befell his employer Fox New’s own troubles with defamation. Did he forget that Fox News still has the Smartmatic defamation case going?

    At least this one didn’t include a gratuitous plug for his book.

    1. What book? Turley has a book? I’m going to go look out for it, thanks.

      Smartmatic was corrupted. Was it their malice, probably not, but it was their fault.

    2. “the professor, with a bit of glee, wrote this column”
      George, you often come here to slander Mr. Turley,
      which leads to the question: Who do YOU work for?

      1. Slander? It does not mean what you think it means.

        Opinion about the professor’s column is not slander. You must be confused.

        1. “Opinion about the professor’s column is not slander.”
          So when you write something and present it as ‘fact’ it’s just your ‘opinion’?
          Another reason your comments fall flat. Another attempt to weasel out of your BS.

          1. No, I present it as opinion. Because you have reading comprehension issues I’m not surprised you keep confusing yourself.

  11. I see your right wing populist VP pick, and raise you a far left radical—Kamala Harris

    Apparently, the Dems now despise success as well.

    Actually, this is the problem with having 6 different groups of single issue voters.

    Congrats on the own goal Kamala.

    1. Good thing she’s getting ahead on the polls. Last I heard she was up 4 points in PA against Trump. Clearly he’s having a wee bit of a tantrum regarding the fact that he is not getting the results he expects from his racist attacks. Maybe he should focus on policy more.

        2. Idiot. Clearly Shapiro was the correct choice to help her appeal to the center and win the election, but she faced the backlash of the Muslim left.

          Get a clue.

          1. Shapiro would have been a good choice, but that would not make Walz a bad choice either. Both are worthy choices. Walz seems more experienced and is well known in PA. A key battleground state where Harris is ahead in the polls now. That does not bode well for Trump. The question is how does he compare to Vance who seems to find ways to shove his foot into his mouth with ease.

            1. Yes, he is well known in Pennsylvania for being anti-energy. Thanks for pointing that out.

      2. Last I heard she was up 4 points in PA against Trump.

        If I were you, I’d look for a better source than Gigi.

        Bwahahahahaha

  12. We’ve come a long way these past 3+ years, from attacking the SC to now seeking defense under Shariah law. I sure hope Americans have their heads screwed on tight in November. I think we’re getting close to a time when Norman Rockwell paintings will be the only glimpse of what America was?

    1. I think we’re getting close to a time when Norman Rockwell paintings will be the only glimpse of what America was?

      Margot, If Harris is elected, don’t expect the “burden” of Rockwell to survive these radicals either. I can imagine what can be, and be unburdened by what has been,

      1. I accidentally ran into Norman Rockwell with my Mother and brothers one summer afternoon in Stockbridge, Massachusetts as he was painting away in the center of town. My Mom wouldn’t let us go near him and told us we needed to respect his privacy. I wish I could remember what he was painting though.

          1. I can’t remember for sure Olly, but I would guess sometime around 1959-1960.

    2. Elon Musk tweeted “civil war is inevitable”.

      Frankly this is not new information. Many of us have stating us such when BLM ANTIFA unleashed mayhem in America, with Kamala Harris funding the rioters.

      if Americans don’t own weapons and ammo by now, there is still time. It’s not like the Left are going to learn how to shoot weapons

    3. I believe it is likely that, absent a serious change in the governmental-corporate-woke-activist conglomerate, Norman Rockwell’s oeuvre will be dealt with as Roald Dahl’s has been, via Google AI-generated replicas featuring black, Hispanic, Asian, Native American, Muslim, and largely comprised of transgender individuals.

      It’s called Bowdlerization, so named for Dr. Thomas Bowdler, who felt that Shakespeare’s works would be much improved by excising all the “naughty bits,” and suited action to thought, producing just such revisions, published in the early19th century.

  13. Dont think raising eyebrows describes it. More like desperation. And weird.

    1. Applies to Wikipedia as well which is now an official arm of the Leftist regime

      Per the co-founder of Wikipedia:

      Larry Sanger
      @lsanger
      Let me just say, as cofounder of Wikipedia, that this is one of the most important articles I have read about Wikipedia in years. Read it.
      https://x.com/lsanger/status/1820593019869069385

      How the Regime Captured Wikipedia
      inside the cultural revolution at wikipedia, which pivoted it from a decentralized database of all the world’s knowledge to a top-down social activism and advocacy machine

      https://www.piratewires.com/p/how-the-regime-captured-wikipedia

      1. Estovir,
        I have read, and watched a number of interviews with Sanger about how the left highjacked Wikipedia.

      2. Yesterday, it was reported that Wikipedia changed its “information” about inflation. The babble now fits what “Hidin’ Harris” and the Ds claim: there is no inflation. Bye-bye, Wikifeedia.

  14. This case could not have come at a “worst” time? What’s next? Worsest? Even I expect more or morer.

  15. Turls, you know where the money’s at. You work for the outlet that can take $787 million in defamation settlement and still live to spike the football on other outlets in their defamation struggles. Party on bruh!!

        1. Steaming turd from turd maggot Lawn Boy with his sore crack and chlamydia.

    2. “I will opine on CNN’s actions by attacking Fox”. Typical liberal idiot.

      1. Hullbobby is the type of Gomer that would stick his tongue on a frozen railing.

        1. Lawn Boy the booger eating drunktard day trader, is the type who likes to stick his tongue on his nephews tool, while turning his bum up to the nearest MAGA skinhead and squealing like a little bltch.

    4. Has anyone seen Elvis bug today? He is late for his glory hole gig again, and Dennis wants overtime pay.

  16. Moral of the story: if you EVER get contacted by CNN, reply by text immediately telling them they are completely incorrect and defaming you, and then your next phone call should be to a lawyer.

  17. Jake Tapper, point man for the Taliban?? ROTFLMAO! Nah, this is the kind of stuff you see when watching vindictive little weasels masquerading as journalist. Right Alex?

  18. …almost certainly were illegal under Taliban rule.

    Shullman must have attended the same law school as “Own-goal” Goldman.

    “Almost certainly”? What, did the Taliban ignore her idiotic request for comment?

    1. She should go over there and take the Afghanistan Bar exam so she can practice under that Sharia Law she is citing.

  19. So, basically he’s committed the same type of crime as Nicholas Winton or Raoul Wallenberg. Got it.

    1. Add Chiune Sugihara to your list. He was the Japanese diplomat in Lithuania who processed thousands of exit visas for Jews who were fleeing the Holocaust. He did this in spite of explicit orders from the Japanese foreign ministry against his doing so. He violated both Japanese and Nazi laws.

      1. Absolutely correct! I was writing this in a hurry so I overlooked Sugihara. His name should be as honored as Wallenberg’s.

        I blew it. Thanks for the correction.

  20. I hope that Young wins this lawsuit, wins the huge settlement he is seeking, and CNN is forced to shutter its windows. There is not a group of “journalists” that are more biased than these! (Momentarily forgot about MSNBC, ABC, CBS, NPR, and NBC.)

    1. I know “actual malice” is a term of art under law, but as a layman, it’s hard to demonstrate a more obvious case of real-world actual malice than those emails. Wouldn’t be surprised at all if a jury saw it as laymen do. Apparently the judge agrees. Onward!

Comments are closed.