The drip, drip, drip of developments from the $1 billion defamation suit against CNN has been steady. In addition to reporting on CNN attempting to block host Jake Tapper from being deposed as part of the proceedings, NewsBusters has exclusively obtained an unredacted partial transcript from the deposition of CNN correspondent Alex Marquardt connected to the case. NewsBusters has also obtained an interesting video of one of the members of CNN's internally lauded editorial members making eyebrow-raising remarks about preventing defamation suits.
In their motion for a partial summary judgment last month, plaintiff, security contractor, and Navy veteran Zachary Young and his legal team included a partial transcript of CNN chief national security correspondent Alex Marquardt’s deposition testimony where he seemingly admitted there was no evidence of criminality on behalf of Young, despite claiming there was in his allegedly defamatory report on The Lead with Jake Tapper.
As NewsBusters previously reported, a key factor in the case was CNN’s allegation that Young was part of a “black market” and “exploited” people trying to get out of Afghanistan. The definition of “black market” and criminal activity became a contested topic in an appeal hearing in April regarding punitive damages. Judge L. Clayton Roberts pressed CNN’s attorney, Charles D. Tobin on the use of the word:
[W]hen they were talking about Mr. Young, they had his picture on the thing and there was a chyron that says he was involved in a black market. And, you know, I've looked in a couple of dictionaries – three or four – and the first definition for black market in all the dictionaries is criminal activity. And you know, if you are accusing someone of criminal activity and they're not involved in a crime, that's usually defamation per se. Correct?
In response, Tobin seemingly admitted that what CNN reported could be seen as defamatory: “Under the law where we would be looking at the defamatory meaning, perhaps it would be.”
Now, obtained deposition testimony from Marquardt showed that his investigation didn’t turn up any evidence of criminal activity from Young:
Q: Did your reporting ever discover anything illegal that was going on with regards to
the evacuation process?
A. No, it didn't.
***
Q. Did you think Mr. Young was committing a crime? Let me ask it that way.
A. I don't know. And we -- I don't know and we didn’t report that. I don't know.
Q. I'm not saying you did. I'm just asking the question. So –
A. No. As far as I knew he was -- he was charging -- sorry to interrupt. As far as I knew,
he was simply asking for large amounts of money to get Afghans out of the country.
***
Q. You found no evidence of Mr. Young committing a crime, correct?
A. No.
Marquardt’s deposition answers provided more context for the internal CNN e-mails and messages expressing skepticism for his reporting before it went to air. “Digital decided not to publish a digital version from Alex. They told me it was bc we could not answer the question is this a scam,” one message read.
“It’s not clear to me if everyone is being ripped off or if some people pay up and get out. And that’s pretty crucial! . . . If he doesn’t know the answer to that fundamental question I’d say we really need to pause this until we find out,” read another.
In a statement to NewsBusters, Joe Delich, one of Young’s lawyers decried that Marquardt got a promotion amid their suit. “CNN’s internal messages are indicative of a cowboy culture that cares more about clicks than accountability. In fact, CNN promoted the primary reporter on the story after this lawsuit was filed, indicating this kind of journalism is not only tolerated at CNN—it’s rewarded,” he said.
Given these details, it’s a wonder how the story got out the door, especially since CNN lauds its internal editorial oversight board known as Triad, which is made up of editorial, legal, and standards and practices professionals.
NewsBusters also obtained a now-deleted YouTube video of one of the members of Triad speaking to some journalism students at the University of Florida’s College of Journalism and Communications about their work.
The video features Triad member Drew Shenkman speaking with then-professor and director Frank LoMonte’s students via Zoom during the pandemic (LoMonte is now senior counsel for CNN). Shenkman explained how CNN trained their journalists to bring them stories that “allege wrongdoing” and “are obviously defamatory”:
So, there's five of us, we split everything up. We don't look at every single script or every single story that goes out. We look for things that allege wrongdoing, things that are sensitive or controversial or things that are obviously defamatory. And it's typically a push-to-us model.
So, the journalists are trained and we train them and saying, you know, hey, this needs legal review because it's alleging someone of murder or this needs legal review because we're saying the president of the United States did something bad. And so then they push that to us for the legal review.
Ironically, LoMonte compared defamation lawyers like himself to trauma surgeons and Shenkman to a primary care physician who prevents illness to begin with. “So, pretty much,” Shenkman agreed. “If I see a story and we get sued and we lose, right, then I haven't done my job.”
CNN, Alex Marquardt, and CNN attorney Deanna K. Shullman did not respond to NewsBusters’ requests for comment.
NewsBusters obtained the unredacted transcript of Marquardt’s deposition on July 1, 2024 from the Bay County, Florida Clerk’s Office website (the download file pictured). As of publication, the filing for the plaintiff’s motion for summary judgment was no longer available for download or request on the website.
