CNN was accused Thursday of “trial by ambush” by lawyers representing U.S. Navy Veteran Zachary Young after attorneys for CNN introduced new evidence without notifying opposing counsel.
Young says his livelihood was ruined by CNN after their November 11, 2021 report that Young alleges falsely accused him of exploiting Afghans by offering evacuations on a “black market” following the 2021 withdrawal. Notably, a court later found Young “did not act illegally or criminally.” Young alleges, however, that the use of the term “black market” in the CNN chyron “rendered Young permanently unemployable” because it implied that Young was involved in illegal conduct. As Young testified and evidence showed, the defense contracts Young was engaged in expressly prohibited involvement in “black markets.”
Shortly after jurors had returned from lunch Thursday they were sent out of the courtroom once again as CNN’s attorney, David Axelrod, and attorneys for Young argued whether CNN could admit to evidence a 2021 contract for a security contracting firm. Young’s lawyer argued CNN had deliberately chose not to subpoena the company, Helios, for the contract information during the allotted discovery process and that introducing it mid-trial amounted to “trial by ambush.” While Judge William Henry ultimately permitted CNN to use the contract in subsequent questioning, Henry did question Axelrod why CNN waited until the third day of trial to introduce such documentation.
“Why wasn’t this document or obtaining things from Helios … why was this … yesterday afternoon?” Henry asked. “Why didn’t this get obtained until the third day of trial?”
Axelrod argued he waited until the third day of trial because Young “lied in his deposition.”
Henry, visibly angry, then went to his chambers before returning and scolding both attorneys for introducing material post-discovery. Henry ultimately allowed Axelrod to use the document for further questioning.
[READ NEXT: Navy Veteran Suing CNN For Defamation Breaks Down At Trial: ‘I’ve Just Been Completely Destroyed’]
Henry also threatened a $100 fine for any personal aspersions made going forward after both attorneys were lambasted for “throwing mud back and forth” and using “personal attacks.” At one point, Young’s lawyer accused CNN’s team of being “desperate,” while Axelrod accused Young of making up “some incredible ruse” and bringing a fraudulent case to court.
The money would go toward North Florida Legal Services, according to Henry. Axelrod then offered to pay the fine in good faith.
Young later testified that the Helios contract that was at the center of the “trial by ambush” claims was merely a security clearance document but did not undermine his claim and earlier testimony that he did not make money following the airing of the CNN segment.
“Every year you have to sign this administration document … it’s not an agreement to do work … it’s an administrative function,” Young testified.
The cross-examination of Young concluded Thursday with Young pointing out that CNN never included in their allegedly defamatory story that he did successfully evacuate nearly two dozen individuals from Afghanistan.
Part of CNN’s digital reporting on Young discussed “exorbitant” fees being charged to evacuate Afghans, with CNN’s Alex Marquardt writing that Young did not provide CNN with a breakdown of costs and that “CNN has not confirmed whether these operators charging the high fees have successfully evacuated anyone who paid to exit the country, as Young claims.” The segment on Tapper also included a claim that “Afghans trying too get out of the country face a black market full of promises, demands of exorbitant fees, and no guarantee of safety or success.”
But what CNN failed to include in their report was that Young had successfully evacuated 22 women and one child out of Afghanistan on behalf of the corporations he was working for at the time, according to testimony provided by Young on Thursday.
Brianna Lyman is an elections correspondent at The Federalist. Brianna graduated from Fordham University with a degree in International Political Economy. Her work has been featured on Newsmax, Fox News, Fox Business and RealClearPolitics. Follow Brianna on X: @briannalyman2
Jesus Christ is King
