In following the defamation trial against CNN by veteran Zachary Young, we have previously (here, here, and here) marveled at how bad things were going for the network. It appears that they are getting even worse. This has been a brutal week as CNN figures, including host Jake Tapper, took the stand. If “this is CNN,” the judge (and possibly the jury) are not liking what they are seeing.
The report at the heart of the case aired on CNN’s “The Lead with Jake Tapper” on Nov. 11, 2021, and was shared on social media and (a different version on) CNN’s website. In the segment, Tapper told his audience ominously how CNN correspondent Alex Marquardt discovered that “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 an example of that startling claim.The evidence included messages from Marquardt that he wanted to “nail this Zachary Young mf**ker” 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, “f**king Young just texted.”
In the last week, Tapper was seen on video by the jury and was mocked for claiming under oath that he “doesn’t pay attention to ratings,” a claim that could make him unique as a network host. While Tapper can argue that he was referencing the following of daily numbers, critics hammered him by showing repeated clips where he discussed ratings.
However, the most damaging testimony may have come from top producers who told the jurors that they opposed the modest apology given to Young on air. Since Young seemed to do well before the jury, the testimony of senior editor Fuzz Hogan, CNN correspondent Alex Marquardt, CNN producer Michael Conte, CNN’s executive vice president of editorial Virginia Moseley, and CNN supervising producer Michael Callahan undermined any effort to portray the network as seeking to amend a wrong or reduce damage to Young.
Arguably, the worst moment came with an argument by CNN’s lead attorney, David Axelrod. Axelrod introduced a document that he claimed was a smoking gun and showed that Young was a liar. Pointing dramatically at Young and waiving the document in the air, Axelrod declared that he had the proof:
“Plaintiff’s entire case, sitting right there, is that after the publications, he couldn’t get any work…Mr. Young knew, when he filed this lawsuit that he had entered into a new consulting agreement with a government contractor one month after CNN’s publication. This entire lawsuit was a fraud on this court. It was a fraud on CNN. This man knew it. I don’t know what they know. But when his came up in discovery, CNN’s counsel asked Mr. Young about the Helios connection, and he completely lied in his deposition. Over and over again, he made up some incredible ruse that Helios just had his security clearance because it was a company that held security clearances. It makes no sense. He knew at that time that he had a consulting agreement with Helios Global and he didn’t disclose it. It was an outright lie.”
However, it turned out that the document merely was Young’s application to maintain his security clearance.
Young’s attorney, Vel Freedman, later laid waste to CNN. He told the court that Young had lost his security clearance back in 2022 and that he hadn’t been aware of that until he double-checked after his testimony in the case. Freedman asked for the right to present a witness who would testify on the issue and Axelrod objected. Judge Henry had had enough and blew up at CNN. He read back Axelrod’s comments and said “You called him a liar multiple times there.” He told Axelrod that he owed an apology to the plaintiff. After telling CNN that “this isn’t Kindergarten, ” he added “Right now, your credibility with me, Mr. Axelrod, is about none.”
That is never a good thing to hear from a judge.
Axelrod apologized but the damage is clearly considerable.
The most chilling aspect from a litigation perspective? Axelrod replaced the earlier lead counsel who also imploded in court over ill-considered arguments.
None of this bodes well for the network. Alienating the judge is obviously never good, but it also could have a material impact if there is an award that CNN wants reduced by a order of remittitur. In addition, having top producers expressing a lack of regret and even opposition to the on-air apology could push such damages higher for a jury. Both sides are arguing that “this is CNN,” but these moments are building a more negative view of what that is.
Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. He is the author of “The Indispensable Right: Free Speech in an Age of Rage.”
https://samharris.substack.com/p/the-trouble-with-elon
A commie wants to deflect to post about another commie, Sam Harris. Fun fact: also loathes Trump and individual freedom as much as any Anonymous Democrat here.
Another sicko Democrat. An excerpt:
It’s happening again. A prominent California-based comic strip creator, cartoonist and author has been arrested on suspicion of possession and creating child pornography. The incident is added to a growing list of arrests of establishment news employees and syndicated content creators for child abuse in the past couple of years.
In a search of Bell’s home, investigators found 134 videos of child pornography linked to an account owned and controlled by Bell as well as computer generated/artificial intelligence child pornography, authorities said.
Darrin Bell is best known for his Candorville comic strips and other work published by the Washington Post injecting far-left ideology, race grifting, pro-illegal immigration views and LGBT issues into his content. He is decidedly anti-Trump and anti-conservative. Bell often attacked conservatives who dared to criticize the political left’s habit of child grooming; from ideological grooming to sexualized grooming. He commonly compared conservatives to Nazis in reaction to the removal of sexualized gender propaganda in public school libraries.
Now it seems we know why he was so offended by conservative efforts to protect children from grooming propganda.
https://www.zerohedge.com/political/washington-post-cartoonist-arrested-possession-child-pornography
Pedophilia, incest, etc are queer sexual orientations legal under Democratic law in sanctuary cities. #NoJudgment #NoLabels #PlannedProgress
We need to see the FBI files sequestered away that reveal Epstein’s buddies who had sex with under age girls.
Wow a lot of “woke” cry babies out there wanting to tell and preach to everyone else about how they should live their lives. Grow up. The election was won by DJT. Thank God.
Looks like the hissy fitting man baby trump likes to be friends with other man babies…
Professional manchild and Tesla billionaire Elon Musk is deeply unhappy that he’s been caught faking clout — and now he’s throwing a tantrum, taking away the toys of other tykes who were mean to him.
And no, this isn’t some far-fetched analogy. Earlier this month, Musk compellingly accused of masquerading as a top-level player of the recently released free-to-play action RPG Path of Exile 2 (PoE 2) by paying a skilled gamer to level up a character to the top game’s top echelons.
You do kow that it is unbeleivably common to pay other gamers for things like that ?
I do not know if what you claim is true, but even if it is , it is not the slightest uncommon.
We have a new addition to the Democrat Whinefest: “BBBUUUUTTTTT…. MUH MUSK!!!!”
ATS does not need to fake clout.
Jeff Bezos the 2nd richest man in the world just successfully launched New Glenn an amazing rocket into orbit. This is an incredible accomplishment.
That is impressive – that is clout.
The seventh starship launched at nearly the same time. Starship is even bigger, and more powerful and several years ahead of New Glenn.
And Musk is doing the rough equivalent of catching the Space Shuttle boosters on their way back to earth with chopsticks.
That is impressive.
If Musk had stopped with the company that he built before Twitter, before spaceX before the boring company, before Tesla, before PayPal
That would be impressive.
Pretty much everything Musk touches turns to gold.
You can become incredibly wealthy – just betting on Musk.
And puny little you with no accomplishments of any kind think you can spin common conduct within the norms into moral failure on Musk’s part ?
You are why Trump won.
You make false claims that alienate people.
But the good news is
“you don’t matter anymore”
O T – The confirmation hearing for Chris Wright was closed down for a period of time today because of interruptions from “climate protesters”. https://www.breitbart.com/politics/2025/01/15/climate-protesters-disrupt-confirmation-hearing-for-trumps-energy-secretary-pick/
Why isn’t anyone saying they are “insurrectionists”?
Reality time:
https://www.youtube.com/shorts/R3F_CAGibJg?feature=share
Wanna get sick to your stomach?
JT loves his free speech, unless you say something bad about trump. No word from JT about how trump wants to take broadcast license away. Gee, I wonder why?
“Taking action in the final days of the Biden administration, the Federal Communications Commission dismissed three complaints and a petition filed against broadcast television stations. FCC Chairwoman Jessica Rosenworcel said the action is important because “the incoming President has called on the Federal Communications Commission to revoke licenses for broadcast television stations because he disagrees with their content and coverage.””
How has Professor Turley interfered with anyone criticizing Donald Trump on the blog? There are myriad anti-Trump comments on this blog, daily.
Lots of bad things are said about Trump here all the time without consequence.
No one has said you can not say bad things about Trump.
But others can say bad things about you too.
Then Roswnworcel violated the law.
Trump can say whatever he wants. The FCC must decide petitions on their merits – not based on what Trump said one way or the other.
Roswnworcel like you is suffering from TDS – we do have illegal government censorship and abuse of power – large amounts of it – By Biden and Obama and their flunkies.
I do not care what Trump says, or Biden or Obama., I care what the president DOES. What the administration does.
Actual censorship is unconstitutional – saying things you do not like is free speech.
Journalism fell to activism long ago, to the detriment of all.
As the saying goes, where does Zachary Young go to get his reputation back?
President Joe Biden oversaw the total rout of American forces from Afghanistan. The US abandoned millions of dollars of top tier military hardware and arms in the hands of the Taliban, who sold much of it to terrorist nations and organizations. (https://www.nbcnews.com/news/world/us-weapons-afghanistan-taliban-kashmir-rcna67134) President Biden abandoned Americans, and the Afghans who helped the US military, to the Taliban, knowing full well that put their life at stake. The Taliban went door to door, mudering Afghans who had helped us.
It was up to veterans and other volunteers to organize Operation Pineapple Express, run by the Taskforce Pineapple, to create a sort of Underground Railroad for people to escape from Afghanistan.
Yet CNN viciously assaulted the character of Zachary Young, without doing investigative due diligence. Appalling.
CNN used to have a reputation for serious journalism. That’s long gone. It’s the Antifa of journalism at this point, ignorantly throwing bricks through the windows of people’s character without knowing anything about a situation.
Somebody is actually named “Fuzz”
Are you kidding me?
Obviously a nickname.
Jake Tapper was the first to spread the Russia collusion lie that was leaked to him by the corrupt liar, James Comey.
Tapper is a liar and a propaganda spreader for The Party.
Zero credibility. Just a dumass lying POS.
ABC settled and paid Trump $16 million because they knew the bar for ‘actual malice’ by the tiny puke Stephanopolous would be met.
Isn’t that obvious here as well?
The thought that Stephanoplis of all people – the man whose job was to kill “Bimbo eruptions” for Clinton could with a straight face confront Nancy mace with claims that Trump raped someone is the epitome of hypocrisy.
Stephanoplis is pond scum – long before Trump descended down the escalator.
Will Trump’s DOJ prosecute the contempt of Congress charge against the lawless, unethical POS Merrick Garland?
Make that POS pay for his contempt.
Can’t kick his corrupt scum injustice dept OUT soon enough.
PROSECUTE ALL THE CRIMINAL SCUM FROM GARLAND’S CORRUPT DOJ.
Would it be ironic (or actual justice) if the people who so persecuted Trump and his supporters themselves end up with the “Navarro Treatment”; handcuffs and leg-irons in front of the cameras
Rocky, the police dog, is stable, and expected to make a recovery –
Floyd,
That is great news! Thank you for posting that! 🙂
Poor Rocky. Glad to hear he’s on the mend, and I hope he makes a full recovery.
They helicoptered that poor dog to the animal hospital, and his handler is not leaving the hospital until Rocky leaves.
Happily, enigmainblackcom’s confederate has now assumed room temperature while the PD K9 is recovering.
That kind of a violent criminal record going back decades, and repeatedly released to continue preying on the citizenry.
I scrolled through the entire comment section. Yikes, what a circus. I am going to post this one anyway in the (probably vain) hope that there might be a serious lawyer here. My question is this: Why wasn’t the case settled? It could hardly be clearer that CNN is guilty of defamation, so did they make a settlement offer that Young rejected? That’s the only explanation I can think of. I have more to say about this, but I’m going to keep it brief now, pending any intelligent replies.
Uh, the Defendant’s lawyers are getting paid by the hour, while the Plaintiff’s lawyer are getting paid a percentage of the amount won???
I don’t think anything keeps a plaintiff from paying by the hour. There are various ways to finance a lawsuit. That much I know.
You’re looking for a “serious” lawyer and yet you keep your anonymous tag. Help us out here and create a name.
As to your question, I believe the plaintiff refused the settlement offer. Probably because CNN arrogantly thought the case would be tossed. When it wasn’t the plaintiff figured he had a better shot at holding out.
I am quite serious, but do not feel somehow obligated to identify myself. If that invalidates my opinion in your eyes, so be it.
Your not obligated to identify yourself. But posting anonymously gives you the least possible credibility. Even free choices have consequences.
“Credibility” in your eyes in this circus thread? Really, what is that worth?
Anonymous:
Likely because the Defendants enjoy tremendous protection from defamation verdicts under the NYT v. Sullivan and lineage free speech considerations. Many verdicts are overturned on appeal as Plainitffs are hard-pressed to prevail over the intentional malice standard which involves proving the wrongful intention of the media company defendant. That’s ALWAYS hard to prove although here it looks pretty good for the Plaintiff. Many times a big verdict is the result of a head-strong defense lawyer too sure of his position. Give Axelrod’s theatrics here he might see than handwriting on the wall and is seeking a Hail Mary kinda defense. Then again, he might just be arrogant enough to think he can’t lose. My two cents.
I am retired from two careers, the relevant one here being “professional journalist” in the days when that was a worthy calling. I not only practiced it, but I earned a degree with a double major in history and journalism from the U of Wisconsin, whose history program was ranked #4 at the time and whose journalism school was in the top three.
Along the way, I studied the law of mass communications, and strongly think that what CNN did to Young meets the Sullivan test, which reserved “malice” for public figures and applied a negligence standard for private figures. We can argue over whether or not Young was public or private for purposes of defamation, but I don’t think it matters because I think CNN’s conduct met the difficult malice standard, which defines malice as false assertions made with reckless disregard for their truth or falsity.
That’s what baffles me about his. Axelrod sounds arrogant, but to some degree that’s a lawyer’s job, as distasteful as it so often is. He has to know that he’s on the wrong side on the defamation side. What I have read about the case tells me that it’s a matter of the damages. On that front, I’d think that CNN would want to settle, hence I suspect that Young’s side rejected settlement offers because of how strong their case is.
Folks, I am VERY strongly on Young’s side here. I hope the jury hits CNN for millions of dollars in actual damages. From a long-ago conversation with a good lawyer in a different matter, I believe that punitives top out at 10 times actual. I hope he gets maybe $3 million in actuals plus $33 million in punitives, plus costs of course. After the Covington kid settlement a while back, it wouldn’t shock me if CNN no longer has insurance for this. We shall see.
Anonymous:
“We can argue over whether or not Young was public or private for purposes of defamation, but I don’t think it matters because I think CNN’s conduct met the difficult malice standard, which defines malice as false assertions made with reckless disregard for their truth or falsity.”
***************************************
You’re spot on on the damages question but just to refine your point, the Court has already found that Plaintiff Young was NOT a public nor a quasi-public figure for purposes of the litigation. Therefore, he can avail himself of the lesser negligence standard but he has already shown sufficient evidence for the jury to consider punitive damages under the actual malice (“hot blood”) standard.
Two malice questions. First, it is necessary for punitive damages? Second, with respect to punitives, does a jury use the narrow definition (reckless disregard for the truth or falsity of an assertion of fact) or the broad one (venomous desire to hurt, general nastiness)? My guesses on those two are “no, but it sure helps” and “both definitions, but especially the broad one.”
I did a little checking and saw that malice is generally necessary to collect punitive damages. When I studied the law of mass communications, we didn’t go deeply into the categories of damages or exactly how they were to be quantified and qualified. I now see that there are more categories of damages than I knew: presumed, special, general mental anguish, nominal, and punitive. If I were on the jury, and if Florida law allowed it, I would award Young VERY HIGH damages in each category.
As an analogy, I hope that jury not only throws the book at CNN, but that it hollows out two books, inserts a lead weight in each of them, and throws as hard it can one book at CNN’s head and the other at CNN’s wallet. My attitude is in no way political. I have long been sick and tired of media sloppiness and misconduct, and have especially deep sympathy for private figures injured by it. CNN is a major international organization. They knew better. They deserve to feel real pain for what they did.
I see that the jury found for Young and awarded $5 million in damages, with the punitives yet to come. Great result so far; I hope they now add $50 million in punitives, which would match what a lawyer told me a long while ago in a discussion about a different matter: that punitives are generally capped at 10x the actuals. I would love to see CNN get whacked for $55 million. We shall soon find out.
Any pre-trial negotiations would probably be non-admissible as evidence in the trial of the case.
I’m not a lawyer, but yes, I would have to agree. When I suggest that Alexrod knows that he has no chance to show that CNN’s story wasn’t defamatory, I did that not to say that this or any subsequent pre-trial settlement negotiations would become evidence. From everything I have heard and written, when lawyers conduct those negotiations they are careful not to make any admissions but to talk in terms of hypotheticals.
If they agree on a settlement, it will most often be confidential, and rarely will it include an apology, the recent ABC News agreement with Trump notwithstanding. Usually, there will just be an announcement of a settlement. Usually, the money is paid with a stipulation that neither side can disclose the amount or keep discussing the case. Think of Hegseth’s settlement with that so-called rape victim as an example.
I think I read that he released his “victim” (don’t get me started) from the confidentiality agreement, but I see that she has not identified herself or talked about the details. That’s par for the course.
Not usually. Not sure about Florida, but Rules of Evidence often govern as the system likes for people to settle. Which would be defeated if negotiations could be presented as evidence
I am only speculating on that one. My guess is that, in those negotiations, the lawyers are careful not to make any admissions. It would be interesting if any lawyers with experience would pop into this thread.
Statements made in settlement negotiations are not admissible in court.
The most ominous fact for CNN about this trial is that it is taking place in Florida. If the venue were New York City, CNN would already have won.
Venue Corruption can be addressed by a physical change, appeals court, or the Supreme Court.
34 felony convictions against President Trump were the result, not only of prosecutorial misconduct but of venue corruption.
Appeals by conservatives in New York cases should be sent to Coeur d’Alene, Idaho.
President Trump’s New York trials brought by Leticia James and Al Bragg must have been legally declared “unfair,” a fair trial being impossible, and thrown out.
https://open.substack.com/pub/robertreich/p/the-oligarchy-will-decide-what-truth?r=2011m3&utm_campaign=post&utm_medium=email
Robert Reich is a left wing Dem Talking Points, Propaganda Thumping demagogue… Which is too bad, because he does have a FEW good solid qualities too, but they get washed out by his propaganda. talking points.
True robert is too partisan for his own good
> Barges into a discussion with link from TDS-afflicted propagandist boomer
> Refuses to elaborate further
> Leaves
Oh look… another commie wants to deflect to Robert Reich, the vicious commie dwarf that cosplays as being an economist. Sam Harris and now Robert Reich… now there’s a Rogue’s Gallery that Lenin would have approved of!
I can’t wait for America to be racist again. Ohh wait, it was never not racist, we can just be racist A holes out in the open now .Thank you DJT.
Training materials for Meta’s remaining trust and safety workers include examples of speech that Zuckerberg now wants permitted:
“Immigrants are grubby, filthy pieces of shit.”
“Gays are freaks.”
“Look at that tranny (beneath photo of 17 year old girl).”
Trump praised the move, saying “I think they’ve come a long way.”
Diversity (i.e. class-disordered ideologies). DEI or institutional, systemic racism, sexism, etc.
Transgender (e.g. homosexual orientation) spectrum celebrated under the principle of political congruence (“=”) of the Pro-Choice religion in parades with albinophobic symbols and rhetoric.
Human rites performed for social, clinical, criminal, political, and climate progress. Keep women affordable, available, reusable, and taxable, and the “burden” of evidence sequestered in sanctuary states.
A Green blight spread over land, sea, and blue sky.
Progressive prices (“inflation”) forced by the Welfare Industrial Complex (WIC) under the Obamacares umbrella.
World War [ethnic] Springs because black, brown, peach, orange, etc lives matter, selectively.
Democratic law that legalized all sexual orientations (e.g. pedophilia, incest, sadomasochism, polygamy, homosexuality, neighbors with “benefits”, casting couches).
A back… black hole… whore h/t NAACP, too.
Yes, hate and extremism are a progressive condition exercised with liberal license in Democrazis. #HateLovesAbortion
And you just touched the surface of the progressive cesspool.
Gay is full of joy, merry; light-hearted, carefree. You probably meant transgender (i.e. state or process of divergence from gender including sexual orientation). The only concern about transgender treatment is Levine’s Dreams of Herr Mengele for underage boys and girls. That said, civil unions for all consenting adults. #NoJudgment #NoLabels
Also, elective abortion is homicide, murder under statutory laws from six weeks. Planned Parenthood from conception is a hate crime under Loving.
The most notable recent example of “white racism” in action took place last summer in Hyannis Port, MA, when the locals threw out migrants arriving from Texas before they even had the chance to settle down. None of the HP anti-migrant warriors were Trump supporters.
I came across a George Wallace quote the other day, and I am trying to find it. It was something like,
Northern liberals don’t mind the blacks getting too big, as long as they don’t get too close. We Southerners do not mind the blacks getting too close, as long as they don’t get too big.
Something like that, I will keep looking. While looking, I found this:
They’re building a bridge over the Potomac for all the white liberals fleeing to Virginia. (George Wallace)
OH, it was a Dick Gregory quote!
17. “In the South they don’t mind how close I get, so long as I don’t get too big. In the North they don’t mind how big I get, so long as I don’t get too close.”
— Dick Gregory
(I always try to double-check quotes. Lot of misattributing out there.)
@Anonymous coward
😂😂😂
You see it all falling apart, don’t you? Your processive utopia is crumbling. Too bad most people are sick of your BS.
“Immigrants are grubby, filthy pieces of shit.”
“Gays are freaks.”
“Look at that tranny (beneath photo of 17 year old girl).”
==
Awesome Pawsome Propaganda!
Wait. There is something wrong with having an opinion on race and gays, whoops, homosexuals, are not self-terminating aberrations and freaks and perversions of nature? You really need to work on that vocabulary. Illegal aliens are not criminal invaders according to the immigration law of the American Founders, which, incidentally was never legislatively abrogated having stood for 71 years before being illegally and criminally extirpated by a despotic tyrant and wannabe dictator?
Oh look! A commie who repeatedly voted for the longest serving racist in US politics, Joe Biden, who told black Americans he didn’t want their jungle bunny kids in the schools his pure blood children attended is now here to cosplay as a Biden Bolshevik as though they actually know what racism looks like despite repeatedly voting for racist Democrats.
Never seen THAT before!
On the Misinformation issue –
I have noticed a series of youtube videos that appear to be blatantly false. There are videos up that Carrie Underwood sued The View, and now some claiming that Sen. John Fetterman has sued The View. I can not find any confirmation of these claims.
Thanks to DJT and JT we are now in a post fact world.
Welcome.
The Twilight Fringe where logical domains are conflated for social, clinical, political, criminal, and climate progress.
If so, your comment would be nonfactual.
Do you get your facts from Joe Biden or Barack You can keep your plan Obama?
Obongocare is irrefutably unconstitutional.
Why can’t we go back to the factual world of The Trump Russia Dossier where the FBI ensured we could Speak Our Truths?
I miss it.