‘We’re not supposed to have trial by ambush in this state,’ plaintiff Zachary Young’s attorney says
PANAMA CITY, Fla.—CNN’s lead attorney, dealing with a jury that appeared bored as he grilled a Navy veteran over his finances, pivoted toward an explosive charge on Thursday. He effectively accused Zachary Young of lying when he testified that he hadn’t worked since CNN aired a segment accusing him of operating in an “illegal black market.”
The attorney, David Axelrod, produced a document he said was a contract between Young and an employer, Helios Global Inc., that was signed one month after the November 2021 segment ran. He argued that the case wouldn’t have gone to trial if Young had produced the record as he was required.
“I’m sorry I’m getting upset, but [Young’s lead attorney Devin] Freedman has been talking to the press for years about what a terrible company CNN is,” Axelrod said. “The fact is, this lawsuit was a fraud from day one.”
“I’ll say, your Honor, that later on today, after I confer with counsel, we will be filing a motion about fraud on the court and gross discovery allegation abuses,” he added.
If true, the accusation could have turned the tide in Young’s lawsuit against the network. Instead, it appeared to fall flat.
In follow-up testimony, Young said the document was simply a form he had to sign to maintain his security clearance, meaning it didn’t contradict his prior testimony. In fact, the document didn’t even include a signature from a Helios Global representative.
Young is seeking $1 billion in damages from CNN, alleging that the segment on The Lead with Jake Tapper irreparably harmed his reputation and destroyed his company, Nemex Enterprises. The report singled out Young in his work to evacuate Afghans trying to flee their home country as the Taliban took over and portrayed the veteran as an “illegal profiteer” operating in a “black market.”
CNN has repeatedly faced setbacks. Last week, Judge William Henry ruled in favor of Young, allowing him to use at trial anchor Jake Tapper’s disparaging comments about Fox News after its $787 million settlement with Dominion Voting Systems. Jurors during Monday’s selection process appeared open to forcing CNN to cough up a 10-figure payout to Young.
During much of Axelrod’s combative cross-examination on Thursday, the jury largely didn’t seem interested. At times, the attorney raised his voice and even shouted and called Young names.
The jurors appeared bored as Axelrod combed through Young’s bank statements and invoices. The attorney also pointed to Young calling a CNN source a “spiteful bitch” for accusing him of being a mercenary, but the jurors and their alternates, including six women, didn’t appear bothered.
The jury also seemed unhappy when Axelrod argued about semantics, claiming that Young’s LinkedIn posts about offering evacuations made it appear as though he would personally fly the planes.
Still, there were several dramatic moments during Thursday’s court proceedings. Freedman accused Axelrod of attempting a “desperate” move when he dropped the surprise document.
“We’re not supposed to have trial-by-ambush in this state,” he said.
Henry condemned both parties’ attorneys for failing to submit discovery in a timely manner. On Tuesday, Freedman had accused CNN of failing to submit a clip of a teaser leading up to the November 2021 segment.
“I don’t expect this to happen again. I think I said this the last time,” Henry said.
The judge also issued an order to both sides, though it was primarily directed toward Axelrod: “Whoever makes a personal insult to the other side is going to pay a $100 fine each time it happens, and that’s going to the legal services here.”
Earlier in the day, Young revealed that he was previously a CIA officer—a fact CNN asked him to confirm on a two-hour deadline before running its story. That question alone would have required more time since he needed to seek guidance on how to answer it, Young testified.
“That’s definitely not a realistic deadline,” Young told CNN’s then-senior national security correspondent, Alex Marquardt, in a Signal message shown to jurors Wednesday. “In any case, I can tell you for sure, some of your facts/assertions are not accurate, and if they are published, I will seek legal damages.”
Marquardt was promoted to chief national security correspondent after the segment aired.
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