to update: CNN reached a settlement with a security consultant this afternoon, hours after a jury found the network liable for defamation and awarded him $5 million.
Judge William Henry announced the settlement while jurors were considering the second phase of the trial, on how much punitive damages to award to Zachary Young, a Navy veteran who filed the lawsuit last year.
A CNN spokesperson said: “We remain proud of our journalists and are 100% committed to strong, bold and fair reporting at CNN, though we will of course learn what useful lessons we can from this case.”
previously: A Florida jury today found CNN liable for defaming a security consultant who appeared in a 2021 report about exorbitant black market fees required to evacuate Afghans during the chaotic US withdrawal.
The jury also awarded $5 million in damages. CNN was also found liable for punitive damages, the amount of which will be determined at the next stage of the trial.
Zachary Young, a Navy veteran, sued the network after a report in 2021, claiming the clip made it look like he was involved in illegal activities.
The jury awarded damages of $4 million for Young's loss of earning potential and another $1 million for pain and suffering, mental anguish, inconvenience and damage to reputation.
A CNN spokesperson declined to comment.
CNN aired the story from Alexander Marquardt on November 11, 2021, and it was rebroadcast three times. Links to the clips were also posted on social media, and a digital article was published on November 13.
In one case, Young's photo appeared on the screen with the following statement: “Afghans trying to flee the Taliban face black markets, exorbitant fees, and no guarantee of safety or success.”
Judge William Henry left it to the jury to decide whether the use of the term “black market” meant illegal or criminal activity. Deliberations began shortly before 4pm EST on Thursday.
During the trial, Marquardt defended the article, as did other CNN employees who worked on the segment. They said they never accused Young of any crime, and used his words in the piece. The term “black market” was not in the story itself, but it appeared on the chronicle, but Marquardt said he supported the use of that term as well.
After the article was published and Young launched a legal challenge, CNN aired an apology. In a clip on Lead with Jake Tapper On March 25, 2022, the anchor told viewers that “the use of the term 'black market' in the story was an error. The story included reports about Zachary Young, a private worker who had been contacted by family members of Afghans trying to flee the country. We did not mean to imply that Mr. “Young participated in the black market. We regret this mistake and apologize to Mr. Young.”
But in his closing argument, Young's attorney, Devin “Felville” Friedman, told the jury that the network's on-air apology “was a lie.”
“Every CNN employee has stood up and told you they believe the term 'black market' is accurate,” he said. “Each of them paraded the uniform lie that the term 'black market' meant an unregulated market. Each of them readily told you that they understood the word to mean the opposite of every dictionary.
He said the story portrayed Young as an illicit beneficiary, when in fact he did not take money from Afghans and worked with companies and nonprofits to fund evacuations.
Friedman told jurors the story destroyed Young's career and reputation. “He couldn't work anymore, and they did it. I saw him break down on the stand. We talked about the affair with his wife, his inability to be intimate with her, and, speaking out loud for the first time, that he's not the same man she married.”
“No man or woman should have to endure pain, and certainly not because they want clicks and views.”
But CNN's lawyer, David Axelrod, told jurors they were instructed to consider the words in context. “It's the Wild West. People were being taken out and killed. People were using safe houses. People were flying under the radar. People were avoiding the Taliban. You couldn't just go to the airport. 'Black market' was a perfect way to describe it. That's what it was.” Use it for its own sake, and that's how it was understood.
He also added: “If the black market were used to talk about the secondary market for Taylor Swift tickets, would anyone say that is criminal?”
Axelrod, who is no relation to the political commentator, said the report was factual and used Young's own words, asking for $14,500 per evacuee. Axelrod also noted the paucity of evidence to support Young's claims or loss of business and reputation.
Jurors were also shown text messages during the trial to give them a glimpse into the news gathering process. In one, written about 10 days before the story was published, Marquardt wrote to another CNN employee: “We are going to kill fucking Zachary Young.”
Young's legal team tried to prove that the text and others were evidence of malice, but Axelrod said Marquardt and others involved in reporting the story showed restraint. During the trial, Marquardt said they found that Young told one woman to “get out” and told another woman seeking to get someone out of the country to “run to the border and see how far they'll get.” But those comments were not included in the final story.
Axelrod told jurors that the trial was “about the truth of this case.” “It's not about sending a message.”
