The judge in a high-stakes defamation lawsuit against CNN ruled on Tuesday that U.S. Navy veteran Zachary Young “did not act illegally or criminally” despite what the network reported on air.
Young alleges that CNN smeared him and his security consulting company, Nemex Enterprises Inc., by implying it illegally profited when helping people flee Afghanistan during the Biden administration’s military withdrawal from the country in 2021. Young believes CNN “destroyed his reputation and business by branding him an illegal profiteer who exploited desperate Afghans” during a Nov. 11, 2021, segment on CNN’s “The Lead with Jake Tapper.”
Judge William S. Henry ruled in documents obtained by Fox News Digital that “Young did not act criminally or illegally,” and CNN statements about operating in a black market were “of and concerning Young.” Judge Henry also said CNN citing Sharia law to defend the notion that Young acted illegally is “a bridge too far.”
CNN host Jake Tapper, left, and correspondent Alex Marquardt are seen during the Nov. 11, 2021, segment at the center of a defamation lawsuit. (CNN/Screenshot)
The CNN segment at the center of the suit, which was shared on social media and also repackaged for CNN’s website, began with Tapper informing viewers that 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.”
Tapper tossed to Marquardt, who said “desperate Afghans are being exploited” and need to pay “exorbitant, often impossible amounts” to flee the country. Marquardt then singled out Young, putting a picture of his face on the screen and saying his company was asking for $75,000 to transport a vehicle of passengers to Pakistan or $14,500 per person to end up in the United Arab Emirates.
“Prices well beyond the reach of most Afghans,” Marquardt told viewers.
No other people or companies were named other than Young, who alleged that CNN, using the terms “black market,” “exploit” and “exorbitant,” inaccurately painted him as a bad actor preying on desperate people.
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Judge William S. Henry ruled in documents obtained by Fox News Digital that “Young did not act criminally or illegally,” and CNN statements about operating in a black market were “of and concerning Young.” (CNN/Screenshot)
CNN lawyers argued that there are multiple definitions of this term “black market,” and Young “did not know if he was operating legally or illegally, and that his actions implicated Taliban or Sharia law violations.”
The judge ruled that “Young did not act criminally or illegally,” and “to the extent that Defendants argue Taliban or Sharia law may have been violated, this is a bridge too far.”
“First, there is nothing in the record to suggest that any Taliban or Sharia law which would restrict the movement of persons (especially women) within or out of Afghanistan was properly enacted, adopted or recognized law to even suggest that evacuating individuals from Afghanistan was a criminal or illegal activity. In fact, the only information contained in the record suggests that formal adoption of any rules restricting travel within or out of Afghanistan did not occur until 2024 — almost three years after the publications in this case,” the judge ruled.
“Further, Defendant did not plead the application of any foreign law to this case. Finally, and perhaps most importantly, Defendant’s corporate representative acknowledged that Defendant’s reporting did not uncover illegal or criminal activity committed by Young,” the judge continued. “Accordingly, there is no dispute as to material fact that Young did not act illegally or criminally.”
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Plaintiff Zachary Young’s photo was aired by CNN during the segment in question. (CNN/Screenshot)
The court also ruled that statements about the “black market” were “of and concerning” Young.
“The Segment that aired in this case include a chyron containing the term ‘black market.’ While Young was the only individual that was identified by name and photo during the Segment and it would be entirely plausible for a viewer to conclude that Defendant was suggesting Young was operating in a black market, the piece vaguely referenced other individuals providing extraction services and did not specifically state that Young was a black-market operator. On this basis, the Court finds that there is an issue of fact as to whether any statements or references of ‘black market’ were of and concerning Young,” the judge wrote.
CNN did not immediately respond to a request for comment.
“The Court’s ruling is an important step forward as we prepare for trial. We were glad to receive it, appreciate how quickly the Court issued the ruling, and are focused on being ready for trial this January,” Young’s lead counsel Vel Freedman told Fox News Digital.
A civil trial is scheduled to begin on Jan. 6 in front of Judge Henry in the Circuit Court for Bay County, Florida.
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Brian Flood is a media editor/reporter for FOX News Digital. Story tips can be sent to brian.flood@fox.com and on Twitter: @briansflood.
