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‘The Facts Didn’t Matter’: Statements and Testimony in CNN Defamation Trial Begins
PANAMA CITY, FL --Tuesday, Day Two of the $1 billion defamation trial against CNN and it was an eventful one. Opening arguments took up most of the morning, followed by testimony from Navy veteran and Plaintiff Zachary Young that took the rest of the day. Meanwhile, repeated objections from CNN resulting in several asides with Judge William Scott Henry, which frequently disrupted the flow. But still, the jurors seemed receptive to what Young and his counsel had to say.
Opening arguments began with one of Young's lawyers, Kyle Roche, telling the jury about how CNN approached telling the story about his client’s work in helping rescue women from Afghanistan for corporate sponsors. “The facts didn’t matter,” he said.
"CNN felt they had a sensational story that would drive ratings and they didn't care about the truth," Roche said. "CNN chose theater over truth and destroyed the life of an American Patriot."
Delving into the life of that American patriot, Roche told the jury the story of a young Young who suceeded in school and sought to join the Navy SEALs. Tragedy struck during his BUD/s training to become a SEAL ad an inflatable raft crashed Young against the rocks and damaging the disks in his back. From there, he was recruited by the Blackwater (the well-known private security contractor), eventually joined the CIA, then started his own private contracting firm.
Framing CNN’s argument to the jury, Roche said the network would paint a picture of Young "sitting in Austria in his underwear" while his network of intelligence professionals did the work.
He noted that, "as a white man," Young would "stick out" in Afghanistan and he needed to rely on those who "looked like Afghani men so the evacuations could go undetected."
Roche went on to talk about the "theater" correspondent Alex Marquardt perpetrated by staging a fake phone call with Young for CNN cameras. Marquardt would later text Young in the evening Vienna-time when Young was least likely to answer, giving him only two hours to respond. And when Young actually did respond, Marquardt wrote to a superior "fucking Young just texted."
Jurors don't seem pleased as Roche explained how CNN's editors admitted in internal messages that Marquardt's reporting was "full of holes like Swiss cheese" and "80 percent emotion and 20 percent obscured fact."
After a brief recess, the jurors heard the opening statement from CNN’s lead counsel David Axelrod (no relation to their senior political commentator and former Obama aide), who repeatedly claimed to the jury that CNN's reporting was "tough and fair and accurate."
To echo CNN's pre-trial filings, Axelrod had complained Young wasn't "cooperating" with their reporting efforts and "stonewalling" their investigation, as if private individuals have some sort of legal obligation to talk to CNN.
Which was not true.
Axelrod played the offending report for the jury, but kept interjecting to make comments. He claimed he would replay it uninterrupted when he's finished, but that never happened. He also insisted there's "nothing sensational about the story." Further, he argued that, since the segment was just a sliver of time in a two-hour show outside of prime time (4:00 p.m. to 6:0] p.m. Eastern), it was not a "sensational" story.
Young was the first witness to take the stand. He was immediately asked by his lead counsel, Vel Freedman, if he had ever integrated with the Afghans featured in CNN’s report; one of the men was afraid that his entire family would be killed by the Taliban if he didn’t get $100,000. Young testified he had never interacted with the ether.
Freedman and Young went back and forth to expand upon Young’s careers in the military, contractor service, and the CIA. Discussions of Young’s time with “The Agency” drew many objections from CNN.
This explanation of Young’s life story was meant to show that, throughout his service to America, and aiding her allies, he acquired the skills and know-how to extract people from places like a crumbling Afghanistan.
When asked about CNN’s reporting of him, Young said it’s been tough on his family (with his brother in the courtroom for support). Young said CNN's "black market" banner was a "label" slapped onto him and damaging to a "quiet professional" like his. He told the jury CNN’s story has ruined his reputation because that's what came up when his name was Googled.
The jury was then shown a contract between Young's company Nemex and DynCorp, another contracting group, regarding work to help stand up a better intelligence gathering apparatus for an American ally.
The contract in question had provisions about maintaining ethical behavior, reputation, and following host-country law. Breaches of these provisions would allow for severing the contract. Included in those provisions regarding the following of the host country’s laws was language about not being involved in "black market" dealings, which was what CNN accused Young of doing.
And, in the "terminated for cause" section, adhering to host-country law was listed: “‘[F]or cause’ shall mean…engaging in any dishonest, unethical, immoral or fraudulent conduct or any gross misconduct which discredits or causes harm to the DI…failure to comply with any applicable laws.”
There was also language about how severance would be denied if the person got terminated for cause. Young testified he did not receive his.
In testimony about his evacuation work in Afghanistan, and to head off what Roche said would be CNN’s attempt to portray him as "sitting in Austria in his underwear," Young explained that -- unlike in the movies -- the so-called secret agent man doesn't personally go into the hot zones. "You need local resources," he said.
On his successful evacuation work, Young noted Audible, Bloomberg, H.E.R.O.E.S., and CivilFleet Support. He helped to rescue multiple women in each one of the those instances.
Young said he and his team did the legwork to evacuate three males that were actively being hunted by the Taliban, on behalf of CivilFleet Support. The males aborted the mission for some reason -- a mystery to Young -- and CivilFleet did not request a refund; they also paid him $9,000 less than the agreed upon invoice.
Further, Young explained his job was the evacuation and the "resettlement" was the job of the sponsor.
Before the trial adjourned for the day, Freedman and Young went over the hostile messages he received from “activist” Jill Kornetsky, the source for CNN. Things started off cordial with the two talking about exchanging messages and Young saying to let him know if she knew anyone who needed help, believing she was working on behalf of non-government organizations.
"It's not free though we don't have a 'non profit' standing behind us fleecing millions in donations to charter aircraft from friends, It’s a service and it costs money," he told her.
CNN’s source attacked him in one message: "Sounds more like a retirement plan than a mission of mercy." She also accused Young, without evidence, of “pocketing a million dollars” while evacuating people. “It costs money, but not $12.5. Those aren’t break even numbers,” she chided.
“If you have reliable options at lower costs for sure you should take them,” he encouraged her.
When asked about Kornetsky accusing him of being a “mercenary” in the messages, Young said he "[took] offense at the term." “I’m very offended and I still am,” he added.
Young’s testimony will continue on Wednesday, with CNN’s cross-examination to follow.
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