We previously discussed the defamation lawsuit against CNN and the curious effort to use Taliban law to dismiss the lawsuit by Navy veteran Zachary Young. The litigation has not been going well for the network and it just lost another key motion to block an effort to depose Jake Tapper. Worse yet, the court appears to have questioned the veracity of the host in a sworn deposition on his lack of knowledge over the financial subject matter of the deposition.
CNN recently lost a recent major ruling when the court 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 a 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.”
The case now appears to have moved into a second discovery period over CNN’s finances. The plaintiff’s counsel wants to depose Tapper. I can certainly understand Tapper’s counsel in trying to block the deposition on finances. I am not sure how much Tapper would know about the finances, but the court clearly did not take well to his declaration.
NewsBusters previously reported, CNN had filed a motion for a protective order in which CNN counsel Allison Lovelady insisted that the Plaintiff only wanted a deposition so they could use it to “harass CNN and Mr. Tapper.”
However, the court shot down the effort and reportedly stated “I kind of have a hard time believing what Mr. Tapper put in that declaration.” Since that is a sworn declaration made under penalty of perjury, it was a stinging rebuke.
Unlike the earlier depositions, this stage is confined to finances and possible penalties. The defense team clearly believes the deposition is an effort to re-open fact deposition testimony that should be now foreclosed.
There is always a risk to any witness from the added exposure to renewed questioning. However, it is hard to get a protective order on conclusory assurances of no relevant knowledge. The court clearly believes that Tapper could have some relevant information since he holds one of the most lucrative contracts at CNN and is familiar with the corporate finances in relation to his show.
Tapper’s counsel also attempted other “Hail Mary” motions seeking to delay any deposition until rulings on other cases dealing with punitive damages. CNN lost a critical motion in seeking to bar punitive damages. That is, of course, the big ticket item for the network in this type of case. To limit Young to compensatory damages would make any damages manageable for the company, even if a verdict would damage its reputation.
In one tense exchange, the counsel argued over a motion to force Young to appear personally for settlement discussions. His counsel explained that it was difficult for him because of an injury he sustained while in the Navy, which made it difficult to sit for long periods. CNN’s lead counsel Deanna K. Shullman shot back “So do I, your Honor!” “I have to leave the State of Florida to get to Bay County. CNN has to travel from the state of Georgia.”
CNN prevailed on that and one other motion on an extension of time. CNN is trying to delay the January trial date but Young’s counsel has indicated that it wants to stick with that date and has little interest in settlement.
Tapper, however, will now have to appear on the financial questions in the ongoing litigation.
The deference to Taliban Law would probably succeed in Starmer’s version of England.
After all the common law is fusty and old and made by white men and must be toppled for equity.
Reading through the comments on this post has been amusing. It’s interesting to see how quickly this thread of comments from mostly lawyers so quickly deteriorated into a heated sounding board about Trump V Kamala, left V right, etc.
Open question bringing the topic back to Young V CNN: to what degree will the same feelings play out with a Bay County FL (that’s where this is all happening) jury? Guess it’s a fairly conservative area.
Do the Constitution and Bill of Rights, the greatest documents on jurisprudence and self-governance in human history, only affect “mostly lawyers?”
It is a physical axiom: Lawyers cannot be trusted with the law.
Use a small “v” for versus.
(OT)
KH’s socialist price controls on food
You know who else has government price controls on food? — socialist Venezuela. The result? A dramatic decrease in the production and supply of food — all food. A dramatic decrease in the quality of food. And a dramatic increase in malnutrition. (Venezuela’s socialist leaders also scapegoat private industry.)
Government price controls always cause two disasters: Shortages and diminished quality — i.e., deprivation.
If Venezuela is too far away for you, try the Carter years. His price controls (also imposed allegedly to combat inflation) caused the rationing of gas and two-hour gas lines.
If you think it’s dangerous to shop early a.m. on Black Friday, wait till you see grocery stores (any time of the day) during a Harris administration.
If this brainless barren lyin’ ho wins the presidency, who is going to be running as a democrat in 2028?
That candidate is gonna need this incompetent clown show outta they way.
trump has free speech. He can say whatever crazy stuff floats between his two ears.
Here is what he said about a mega donor to his campaign…
“I have to say, Miriam. I watched Sheldon sitting so proud in the White House when we gave Miriam the Presidential Medal of Freedom. That’s the highest award you can get as a civilian. It’s the equivalent of the Congressional Medal of Honor, but civilian version,” Trump said on Thursday. “It’s actually much better, because everyone gets the Congressional Medal of Honor. That’s soldiers. They’re either in very bad shape, because they’ve been hit so many times by bullets, or they’re dead. She gets it, and she’s a healthy, beautiful woman. And they’re rated equal
And here is what the head of the VFW had to say about trump…
“When a candidate to serve as our military’s commander-in-chief so brazenly dismisses the valor and reverence symbolized by the Medal of Honor and those who have earned it, I must question whether they would discharge their responsibilities to our men and women in uniform with the seriousness and discernment necessary for such a powerful position,” he continued. “It is even more disappointing when these comments come from a man who already served in this noble office and should frankly already know better.”
Yea, free speech lets you show the world what a huge A hole you are.
Does TDS know no bounds😂😂😂
It is much more important that harris be capable of discharging their military responsibilities because she is the head of the Warmonger Party. Democrats are the ones that will send young men and women to their deaths for the personal favors they receive and the political favors they owe, as we have seen over the past 4 years and the 8 before that.
Trump is not a warmonger, which is largely why people like the author of the above statement have been completely brainwashed into thinking the way they do. Just ask a democrat voter if they think war is a valuable and productive endeavor and most will tell you ‘no’. but they still vote for it because they have been convinced that their party is righteous and virtuous and good for people, when the truth and reality is 180* opposite. The democrats believe the lie about themselves. Ask them, and they will tell you rambling musings about republican racists and stammer when you press them about where these racists are and what policy or affect they have had, while ignoring the racists in their own party that are actually professing being racists, implementing racists policies at federal and state levels, and some will even try to tell you that their brand of racism is AOK, just like their brand of war is AOK.
You see their comments here daily, lame attempts to justify their own psychoses, mental gymnastics to elevate the minute iota of possible good into a justification for all the other lies they believe and regurgitate.
But you can understand why the democrats are so sensitive to what Trump thinks about military things, because they are using the military for outright personal gain as well as personal political gain. They know they are wrong, so they must try to make others believe the same lies they make themselves believe, lest they confront reality and deal with their own evil. When they say Trump’s bad, they are trying to justify all of their own evil – from the warmongering and racism to failed policies and personal gains through lies and corruption. The democrats are sick. You can’t even point to a good one anymore, very sad.
I was unaware that George W Bush was a Democrat, Dick Cheney? Yea, nobody wants to remember the disastrous Iraq war that we entered. Hey, let’s invade a country. Reagan? How many countries did he invade? George HW Bush? I think he hit up a couple of countries. Pretty sure you can slap an R by those names.
I hate war mongers. We have plenty on both the R and D side of the aisle.
trump is sick with his only losers go to war and die. Yea, great idea, give an award to one of my benefactors. SICK.
How many elections has trump won? How many of his hand picked people get elected?
2016 – trump lost popular vote, won electoral vote
2018 – Repos under trump have a giant loss in the house and senate
2020 – trump lost popular vote and electoral vote
2020 – Georgia lost their Repo Senate seat because trump told his followers not to vote.
2022- Red wave? My ass, it was a red whimper, they took the house, lost the Senate.
2024 – Let’s see how this goes, good chance Repos will lose the House, not take the Senate, and lose the Prez.
That is a pretty bad record. Lots of losses. I’d go so far as to say trump is a loser.
There is a reason there are never trumper repubs and its not because of anything, except war spending.
GWB and Cheney are also the warmonger party, duh. You keep playing labels without thinking and you dems get wars and inflation and $hitty cities and states.
We got trump because of the fallout from 9/11
Trump won 2 elections, fyi.
You think this is about party? You are a moron, a zealot and a moron. You and the rest of the npr knob slobbers and msnbcnnytwapo consuming lemmings are THE ABSOLUTE WORST THE US HAS EVER PRODUCED. You group-thinking, xanax-addled fools SUCK. You are ruining the country, which is why everyone leaves where you are to go to where I’ve been.
There is NO national popular vote in the United States of America.
America consists of 50 separate states that conduct 50 separate elections.
And, yes, just like divorce in marriage, secession from the union is not prohibited and is fully constitutional for each and every united state.
Trump won 29 of the 50 popular votes in 2016
Jus one of the incredibly stupid opinions you purported as fact.
Except that Trump is probably right – such benevolent megadonors will likely do more for America than the Medal of Honor recipient. That said, look how badly Democrats have debased the Nobel Peace Prize.
The communist Nobel Peace Prize.
You just won’t believe what Trump said now
Lmao at the spastic
Yep, true to form, trump cult members cannot see how disgusting their cult leader is. trump was right, he could kill a person on 5th avenue and his supporters would not blink an eye.
*SENATOR KEELEY
CNN attempted to explain the use of “black market ” . Apparently it’s criminal activity in Afghanistan to evacuate people? Quite an excuse. Wait and see the evidence presented.
It appears the shadow government is linked to Islam.
Professor Turley, will free speech die? The press die? The entire 1st die? Some seem to hope so.