Overshadowed by the Republican National Convention last week, CNN’s lawyers filed a motion for a protective order that aimed to block network host Jake Tapper from being deposed as part of the $1 billion defamation suit against the network. It was the second time Tapper was requested for deposition and the second time CNN put up resistance, this time more aggressively. CNN has also been accused of destroying evidence critical to the case.
“There is no basis to depose Tapper,” CNN counsel Deanna Shullman wrote in her motion as she argued against “re-opening fact discovery and deposing CNN employee Jake Tapper.”
Further in her motion, Shullman seemed to produce contradictory information about the plaintiff’s interest in having Tapper deposed (bold text added to highlight):
Plaintiffs did not attempt to depose Tapper during the fact-discovery period, which closed on January 15, 2024. The closest they came to doing so was in May 2023, roughly eight months before discovery closed, when their counsel briefly raised the issue of deposing Tapper. In response, counsel for CNN stated: “In that regard, please tell me the relevance of any testimony of [a former CNN employee]1 or Mr. Tapper as there is nothing in the record in this case to suggest that either has any information pertinent to this matter.” Ex. A (May 10, 2023 email from D. Shullman to A. Potter).2 Plaintiffs did not pursue the issue of deposing Tapper any further during the fact-discovery period.
NewsBusters was in attendance during a 14th District Circuit hearing on July 1 via Zoom and witnessed Shullman’s reaction when Vel Freedman, counsel for plaintiff Zachary Young, brought up the possibility of deposing Tapper during financial-worth discovery. “He’s Jake Tapper,” Shullman said, seemingly as if he was above the situation.
While the report at the center of the defamation suit was the work of CNN correspondent Alex Marquardt, the report aired on Tapper’s evening show, The Lead. Tapper himself also made some allegedly defamatory statements as he led into the segment:
In our world today, the U.S. government, the Biden administration says that as of last week it had assisted in the departure of at least 377 U.S. citizens and 279 lawful permanent residents of the U.S. from Afghanistan since August 31st. Still, many Afghans, Afghans who desperately want to flee Taliban rule and Afghans who say their lives are at stake, they remain behind. As CNN's Alex Marquardt has 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.
As NewsBusters previously reported, the case hinged on CNN’s use of the phrases “black market” and “exploited” to describe Young’s legitimate business of helping corporately sponsored Afghans escape the country as it collapsed around them and the Taliban retook control. Young’s clients included Audible and Bloomberg News - one of CNN’s industry peers, and he saved 24 people, mostly women and children.
“I would add that the ‘black market’ has one definition in every dictionary, not just the first but one in every dictionary we've looked at,” Freedman told a panel of appellate judges back in April. “And CNN has failed to put forward any dictionary with an alternative definition. It means illegal activity, full stop. And that's what the case law that we've to the court as well treats it: illegal activity.”
The result of that appellate trial was the court affirming that “black market” only had one meaning. “While language like “exorbitant” could, perhaps, be a matter of opinion, we agree with Young that there is no doubt the term “black market” implies illegality,” wrote Judge L. Clayton Roberts.
And following Marquardt’s report, Tapper had his own snarkiness to add:
MARQUARDT: In another message, that person offering those evacuations, Zackary Young, wrote “availability is extremely limited and demand is high.” Jake, he goes on to say, “that's how economics works, unfortunately.”
TAPPER: Unfortunately, Hmm. Alex Marquardt, thanks so much for that important report.
CNN, Shullman, and Tapper did not respond to NewsBusters’ requests for comment.
In a spoliation sanctions filing from the plaintiff's side, on Friday, CNN was accused of destroying evidence of how their allegedly defamatory report colored the public perception of Young in the comment sections. “[A]fter learning it was about to get sued in this case, CNN deleted [X, Facebook, and Instagram] posts, and did so without saving troves of data that relates to Marquardt’s “goal”,” wrote Freedman.
“CNN’s failure to preserve key evidence has resulted in the irreversible loss of critical information regarding the reach, impact, and interpretation of CNN’s defamatory statements,” he argued.
Adding: “CNN deleted the Social Media Posts on or around March 25, 2022–well after’s duty to preserve arose. The duty to preserve evidence begins when litigation is reasonably foreseeable…Young first warned of potential legal action on November 3, 2021…”
If the court agrees with the plaintiff’s argument, it would be another blow to CNN’s legal defense. Freedman conclusion asked that a jury be informed that the CNN deleted evidence of how the public perceived their reporting and took a negative stance against Young.
