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.

(Article republished from JonathanTurley.org)

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.

Read more at: JonathanTurley.org