Media, Torts

CNN Loses Another Motion in Defamation Case as Court Orders Tapper to Appear

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.

349 thoughts on “CNN Loses Another Motion in Defamation Case as Court Orders Tapper to Appear”

  1. Let the orange Felon god speak.

    “I watched Sheldon sitting so proud in the White House when we gave Miriam the Presidential Medal of Freedom,” Trump said, speaking about Sheldon Adelson. “That’s the highest award you can get as a civilian, it’s the equivalent of the Congressional Medal of Honor, but civilian version.”
    “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,” he went on.

    I guess this orange Felon god doesn’t care so much for wounded soldiers.

    1. You do not make much sense in your screeds, but since you are a prog/left tool – what more could we expect?

    2. It’s much better in person. If they let you out of your cell, you should try to make a Trump rally.

      In the meantime, enjoy this.

  2. Was CNN’s alleged defamation of Zachary Young claiming that Young’s company was offering to help Afghans escape and charging exhorbitant fees? It wasn’t stated that clearly. I thought CNN had learned its lesson after the Nicholas Sandmann lawsuit. I’m glad to see an appreciation for defamation law as a well reasoned carve-out to the First Amendment. That said, it would have a stronger deterrent effect if defamation courts were upgraded to employ fast due diligence — so that public lies do not obtain the advantage of time delay in facing up to the truth. It’s also fairly obvious that the Sullivan precedent was a conspicuous deviation from the 14th Amendment’s promise of equal rights under the law. Why should being famous eclipse one’s reputational rights? That decision has significantly narrowed the pipeline of accomplished leaders stepping forward to run for public office, to the detriment of the republic. Sullivan needs to be retired — repealed by Congress, or overtured in a new Court case.

    1. Pbinca

      CNN said and in chiron (sp) —> Young was “black market.”

      Black market means criminal, actual crime is being committed, engaged in criminal business.

      Young was not conducting black market business. Apparently Young and Nemex have since tanked.

      Malice as shown in language used referencing Mr. Young.

      Aside * CNN is a known hyperbolic entertainment site furthering the Democratic party agenda of reshaping America and quite successfully tanking it, too. There’s a problem when the government has free speech in the media market.

      The Afghanistan withdrawal was incompetent causing the deaths of 13 American soldiers and the loss of billions in military equipment. Many wanted to leave the created chaos and Mr. Young legally found a niche in the evacuations.

      Others joined in the evacuations. Billy Graham ‘s son was probably there trying to feed them. Donations accepted and it makes one feel involved.

  3. A ray of hope. A ray of hope! CNN is being exposed as a left wing propaganda machine. Yippee!
    Another ray of hope happened this morning and to my surprise it came from The Washington Post. The Post says that the grocery store police proposed by Kamala Harris is a very bad idea. The writer of the piece in The Post says that if they’re calling you a communist don’t act like a communist. https://archive.is/wzutv. The opinion must have gotten through because the all the editors mistakenly took a leave of absence day all at the same time. But happened it did.

      1. The most watched cable news network. Their top 5 shows have a larger audience than any competitors top show.

        Poor baby, he is feeling lonely over there with Maddow.

      2. Fox News has more genuine liberals (Jessica Tarlov, Richard Fowler, Leslie Marshall, Harold Ford, inter alia) than MSDNC has conservatives. The best that MSDNC can do is trot out never-Trump goofballs like Charlie Sykes, Adam Kinzinger or George Conway. Fox News is also much friendlier to the LGBTQ community.

        Just sayin’.

      3. Maga right wing fox? There’s no comparison between fox and CNN. Fox is closer to what is actuall

  4. Professor Turley,

    Is the financial info limited to CNN? Presuming Tapper may have individual/personal liability, an argument could be made that his financial information is relevant.

    1. No. Media corporations usually indemnify their execs and on-air talent from personal lawsuit exposure. That’s why sexual harassment lawsuits are often settled with the corporation paying, not the offender.

      1. I understand that CNN would almost certainly pay for whatever judgment may be obtained against Tapper, but that would not necessarily change the nature of his liability. The existence of an employer’s vicarious liability does not mean that the tortious conduct of the employee is not still personal. It only means that someone else is arguably answerable for the damages arising from that liability. But, to the extent that the employee is acting outside of their employment (and, an argument could be made that such intentional malicious conduct is outside of the scope of his employment [unless it is CNN’s position that this conduct is within their journalistic standards]), then they would be personally liable for the damages arising from that conduct.

        1. *SENATOR KEELEY

          That’s a very good observation, anonymous. It really fits the scotus decision in the immunity case. In the president’s case the people pay the cost. They hired the blundering idiot.

  5. Dear Mr. Turley, thanks for keeping us posted on CNN. I will not be shedding tears over CNN if they lose this case. They have played fast and loose with the facts for many years. It’s high time they begin to answer for it. Media outfits like CNN, MSNBC and the rest of the legacy media have poisoned our politics and any honest journalist out there. Regarding the comment about Mr. Trump losing to Ms. Harris; all I can say is don’t begin your party too soon. There is a lot of time left for Mr. Trump to put her and Walz away in grand fashion which he will do. I do not see many Harris yard signs in my area; however, I see many, many Trump yard signs, both large and small. Flags as well.

  6. I love headlines…

    “Rant-filled rallies, an unpopular VP and lies, lies, lies: Trump just had his worst week yet”

    Just think he has 10 more weeks to go before he is completely, utterly humiliated by being beaten by a black woman. Poor baby, you should start consoling him now. Perhaps buy some of his DJT stock, it’s at a rock bottom price, get it now before it completely tanks and is no longer available.

    1. “utterly humiliated by being beaten by a black woman”

      So being “beaten by a black woman” is considered humiliating in your trailer park?

      Interesting that you are willing to expose yourself as a racist and a poll denier.

      I was beaten by a black woman once. She was a kinky little high hurdler at Georgia Tech. Humiliation can be fun.

    2. “Rant-filled rallies, an unpopular VP and lies, lies, lies: Kamala is going after the grocery stores!”

    3. anony at 9:48 a.m………….Kammy is not black, you moron. She’s predominantly Asian Indian……her father is half black. Do your homework.

      1. This spastic you replied to doesn’t even have a clue what it means to be black.

        There are approx 2 BILLION black people on the planet. There are about 1.2 billion Caucasians. So f-ing what, black.

        What does it mean to be a black person in America? Well, for many it means growing up impoverished, ignored, discounted, and disadvantaged.

        KAMALA WAS NONE OF THESE. NEVER. NEVER EVER.

        Kamakameleon has no earthly idea what it means to be “black”. She is an imposter. She is a fake.

        For some black Americans, it means being the victim of self inflicted wounds. Keep voting for the same people and you’ll keep getting the same results.

            1. My point………she is only 1/4 black at best. Why is she such a liar? Why not call herself Indian as she did in 2016?
              She is predominantly Indian. Period. Why is she ashamed of that?

            2. Got it from ChatGPT. You’re soyrces look just as reliable.

              so….fvck off

        2. As a tween and young teen, Harris and her younger sis Maya spent summers in Jamaica with her dad. These were middle-class Caribbean blacks of differing shades, descendants of plantation folk (both slaves and owners) with mixed Euro-African geneology. Her dad is half-black.

          These summers immersed KH in an authentic black islander culture, and likely influenced her choice to attend Howard Univ. 4 more years of all black experience.

          Yes, she is 1/2 Asian Indian. Based on what I just told you, do you still think “she has no Earthly idea what it means to be black”? What many resent is her thinking she gets “extra points” politically for being black, despite her decidedly middle-class upbringing.

          Not so in post-racial America 2024.

          1. “do you still think “she has no Earthly idea what it means to be black”?

            Yes, because black in Jamaica is not even close to black in america.

            Thanks for making my point, spastic

            WTF do you know about post racial America? You dont live in the south, or the southside of chicago.

  7. Yeah. Just like their sister media, gossip magazines, electronic rags like CNN need to be sued often. The sting of heavy financial judgment is the only pesticide that works on activist cockroaches.

  8. My heart glowed some when I read this article. The 4th estate possibly being “hoisted with its own petard”. I still think the SCOTUS should overturn the SULLIVAN standard and put the press back into the same crowd as the rest of us. Freedom of the Press is a hallmark of our nation but It does not say they get special privileges to malign, slander and libel people and organizations without some semblance of truth and evidence and if wrong they should be subject to penalties just like the rest of us.

    I will grant the truth can be in the eye of beholder and your point of view but that should be determined by an unbiased jury of our peers. They should make the determination if there was malice from the first and decide if that warrants punitive damages or only compensatory damages. I feel that the judge should not have a say in this until the verdict is rendered.

    I feel that the Press should be protected when they do expose corruption, illegality, oppressions and other criminal and civil misdeeds. But they should do it with an unbiased approach and especially a search for truth. If not then we get what we have now which is muckraking at its worst and it leads to suppression of real truth and undermines the whole concept of a vibrant and free press.

    The end result is a total lack of respect for the press and that in turn spreads out to the rest of our institutions and undermines them also.
    If the press is criminal in its actions and biased in its approach then each story they break is going to answered by “what did they leave out that really tells the story?”,
    It’s almost like being a witness on the stand and getting asked “well you said you lied before but you are not lying now. How are we to judge your statements and know when you were not lying or maybe you just lie all the time”.

    A total lack of trust in a key institution undermines us all.
    It seems to have escaped the Press of today, that if we had confidence in their telling “the truth, the whole truth and nothing but the truth”, that we might be more inclined to read their articles and listen to their newscasts and make their sponsors happy.
    Such a difficult concept to grasp, I suppose.

    1. Well said. A major problem is activist journalism, which rapidly destroys the objectivity of a news org.

      Then, there is the pressure to captivate the audience. Usually the truth is complicated and not as dramatic as an oversimplified narrative with clear heroes and villains. Also, the truth is more expensive to dig out, and takes more time to develop. All these factors incent media orgs to take shortcuts with the truth, and most of all, stick to a simple, dramatic narrative uncluttered by nuance or counter-narrative facts that undermine it.

      A good example is sensationalized crime reporting, e.g., a school shooting. They will never say how rare such events are, which is reassuring and exudes confidence. No, stating how rare an event is undercuts its dramatic appeal. It departs from the standard of “sensationalist alarmism”, the predominant news format these days to get eyeballs.

      Only a more disciplined audience in making decisions about what is worth their attention can solve this problem.

      1. Now pbinca tries to use Upstate’s “well said” replies to win over some upvotes. so funny. Is that PsyOps?

  9. LOSSES OR LOSES?

    The text messages / emails certainly sounds like personal hatred. The actuarial shows the damage done equals the financial loss. Anything for the party is acceptable.

  10. Why is Truley on the side of a private individual using the government to censor another person? This goes against everything in his book and everything that he has been preaching. This is a clear free speech issue.

      1. If you look up the word hypocrisy and impeachment you will see Turley’s picture in it.

    2. CNN and all others are thought of as a news org. It should be listed as opinionated advertisement or just entertainment. Perhaps CNN might change its name to —> The Joker is Wild.

    3. He is using THE COURT SYSTEM, to get re-dress, not government censors who clamp down on speech.

    5. I respectfully disagree. In his book “The Indispensible Right”, Turley makes a clear distinction between defamation (civil lawsuits) and prosecutions, finding only the latter inconsistent with free speech. In a civil lawsuit, the government (judge and court staff) are there as neutral magistrates overseeing a fair process where the two litigating parties square off. A jury of 12 average Americans decides fact from fiction in such trials, and any award — not the government. Big difference.

  11. Speaking of CNN Nancy Mace was on CNN. The interview went like…

    “White women don’t have the ability to tell Black women who paid the price of blood to make this country what it is to tell them they’re not real women,” Dyson said.
    Mace’s ridiculous claim arrived after Dyson said the congresswoman’s “anyway that I want to” remarks stemmed from “the history and legacy of white disregard for the humanity of Black people.”
    “Oh, so now you’re calling me racist?” Mace said.

    I’ll answer her question, YES, you are a racist. You purposely mis pronounce her name to belittle her. You belittle yourself when you do this, as does everyone on this site that does the same.

    But that is no surprise, your cult leader the orange Felon god is also a racist as are nearly 100% of his followers. Make America Great Again. My ass, how about PBBPBP, Put Brown and Black People Back in their Place.

    1. Odd that he suddenly became a “racist” ten minutes after he entered politics. Prior to that…not so much.

      1. He lost a lawsuit with his father on racist policies on rent in his buildings. Trump pay for a full page ad on the NY 5 Central Park case and said they deserved the death penalty. They were proven innocent.

        1. As a landlord in business, it was his renters who said “Don’t rent to anyone who will open the door to young black thugs hanging out where we live”.

          That’s somewhat racist stereotyping, since most black renters are law abiding and not associated with crime.

          However, it is not racist as a renter to demand safety and security as part of the rental agreement. This becomes a business issue for the landlord.

          Yes, it’s against the law to prejudge renters based on their race. But, it’s legal to not rent to tenants involved in crime, or whose kids are involved in crime. Something like that is hard to predict when someone is filling out a rental application. You see the problem a landlord is facing?

          1. “You see the problem a landlord is facing?”

            He doesn’t care. For a libturd, any opportunity to cry “racist!”

    3. @Anonymi

      Read the first paragraph of your own comment, then the last. You are addressing what you project yourself, methinks. And nobody is impacted by ‘felon’ (we all know it was lawfare boosheet and election interference), ‘orange’ (yeah, SO mature), or even ‘racist’ (progressives have made that term meaningless, and it shouldn’t be) anymore. Once the light has come on and a thing has been seen, it can’t be unseen, not really. And the light has finally come on for a great many.

    4. Naw, I think a better one is LSCBTTOI , Let Stupid Commenters Bury Themselves in Their Own Ignorance

  13. Finally. May this be the first domino of many. The behavior of our networks and media has become an atrocity of mendacity, and they’ve gone much too far to ever walk it back for most of us.

  14. If the MSM had any honor they would perform Seppuku, but that assumes they have honor

  15. Have you arrived at the tipping point, Warner Bros. Discovery? CNN gets ‘nailed’ on this one and Pandora’s Box will open. If that happens, the question will no longer be why WBD employs clowns like Jake Tapper and Alex Marquardt. Rather, it will focus on why a poorly performing company like WBD has a property like CNN.

    1. 🤔 money? Taxes? It’s for the greater good. Engineering/social engineering.

      Not looking good.

  16. Excellent work in holding ALL SIDES accountable! The Fourth Estate has become accustomed to getting a pass on reckless approaches when it comes to inflaming current affairs using a fog of war mentality! Manipulation of the audience is for entertainers and shysters! Which does CNN claim to be?

    1. When ya got nuthin you got nuthin to lose…

      It’s really a very wise concept. In poly sci a culture should not create such conditions. 3rd worlds always do that.

  17. HEAR! HEAR! MR TURLEY!! HEAR!! HEAR!!!! I could not agree more with you, my friend. What an absolutely outstanding article!!!!

  18. Well, if we’re lucky, CNN and Tapper won’t be around anymore to harass a President. Of course, after a hefty verdict, CNN will appeal, but I suspect that its corporate overlords will take a dim view of the extraordinary expense of appealing with the bond required. Perhaps, Jake Tapper will be able to get future employment in the mouthwash utilization industry.

  19. The Woke/Liberal press, CNN?, needs to be held accountable for their false and misleading stories and etc. The best way is to hit them where it hurts, go after their $$$$$. The press/woke crowd hate it when they have to pay $$$$$. Perhaps by going after them and their $$$$ they will think long and hard before they report false and misleading stories.

    1. Professor Turley writes, “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.”

      CNN is not alone in scurrilous and malicious reporting. They have plenty of company on the Left, but for some reason (take a wild guess), they never get sued quite enough to stop it. This lawsuit, for instance, is not CNN’s first rodeo (remember Nicholas Sandmann?), but here we are, again.

      Maybe if we followed Anonymous’ advice above, it might finally register. I want to see a judgement or two like Fox got. The Leftwing press is a target-rich environment after all.

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