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CNN defamation trial comes at a rough time for legacy media — and for the struggling network

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CNN defamation trial comes at a rough time for legacy media — and for the struggling network
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CNN defamation trial comes at a rough time for legacy media — and for the struggling network

2025-01-08 13:21 Last Updated At:13:51

NEW YORK (AP) — At a particularly inopportune time for legacy media and CNN, the news outlet is on trial in Florida this week, accused of defaming a Navy veteran involved in rescuing endangered Afghans from that country when the U.S. ended its involvement there in 2021.

The veteran, Zachary Young, blames CNN for destroying his business when it displayed his face onscreen during a story that discussed a “black market” in smuggling out Afghans for high fees at the time of the Taliban takeover.

In a broader sense, the case puts the news media on the stand in journalism critic Donald Trump's home state weeks before he's due to begin his second term as president, and on the same day Facebook's parent introduced a Trump-friendly policy of backing off fact checks. Young's attorney, Kyle Roche, leaned into the press' unpopularity in his opening arguments on Tuesday.

“You're going to have an opportunity to do something significant in this trial,” Roche told jurors in Florida's 14th Judicial Circuit Courts in Panama City on Tuesday. “You're going to have an opportunity to send a message to mainstream media. You're going to have an opportunity to change an industry.”

That's the fear. Said Jane Kirtley, director of the Silha Center for the Study of Media Ethics and the Law at the University of Minnesota: “Everybody in the news media is on trial in this case."

Defamation trials are actually rare in the United States, in part because strong constitutional protections for the press make proving libel difficult. From the media's standpoint, taking a case to a judge or jury is a risk many executives don't want to take.

Rather than defend statements that George Stephanopoulos made about Trump last spring, ABC News last month agreed to make the former president's libel lawsuit go away by paying him $15 million toward his presidential library. In the end, ABC parent Walt Disney Co. concluded an ongoing fight against Trump wasn't worth it, win or lose.

In the most high-profile libel case in recent years, Fox News agreed to pay Dominion Voting Systems $787 million on the day the trial was due to start in 2023 to settle the company's claims of inaccurate reporting in the wake of the 2020 presidential election.

The Young case concerns a segment that first aired on Jake Tapper's program on Nov. 11, 2021, about extraction efforts in Afghanistan. Young had built a business helping such efforts, and advertised his services on LinkedIn to sponsors with funding who could pay for such evacuation.

He subsequently helped four separate organizations — Audible, Bloomberg, a charity called H.E.R.O. Inc. and a Berlin-based NGO called CivilFleet Support eV — get more than a dozen people out of Afghanistan, according to court papers. He said he did not market to — or take money from — individual Afghans.

Yet Young’s picture was shown as part of CNN story that talked about a “black market” where Afghans were charged $10,000 or more to get family members out of danger.

To Young, the “black market” label implied some sort of criminality, and he did nothing illegal. “It's devastating if you're labeled a criminal all over the world,” Young testified on Tuesday.

CNN said in court papers that Young's case amounts to “defamation by implication,” and that he hadn't actually been accused of nefarious acts. The initial story he complained about didn't even mention Young until three minutes in, CNN lawyer David Axelrod argued on Tuesday.

Five months after the story aired, Young complained about it, and CNN issued an on-air statement that its use of the phrase “black market” was wrong. “We did not intend to suggest that Mr. Young participated in a black market. We regret the error. And to Mr. Young, we apologize.”

That didn't prevent a defamation lawsuit, and the presiding judge, William S. Henry, denied CNN's request that it be dismissed. CNN, in a statement, said that “when all the facts come to light, we are confident we will have a verdict in our favor.”

Axelrod argued on Tuesday that CNN's reporting was tough, fair and accurate. He told the jury that they will hear no witnesses who will say they thought less of Young or wouldn't hire him because of the story — in other words, no one to back up his contention that it was so damaging to his business and life.

Yet much like Fox was publicly hurt in the Dominion case by internal communications about Trump and the network's coverage, some unflattering revelations about CNN's operations will likely become part of the trial. They include internal messages where CNN's reporter, Alex Marquardt, says unflattering and profane things about Young. A CNN editor was also revealed on messages to suggest that a Marquardt story on the topic was “full of holes,” Roche said.

“At the end of the day, there was no one at CNN who was willing to stand up for the truth,” Roche said. “Theater prevailed.”

Axelrod, who shares a name with a longtime Democratic political operative and CNN commentator, contended that the give and take was part of a rigorous journalistic process putting the video segment and subsequent printed stories together. “Many experienced journalists put eyes on these stories,” he said.

It's still going to be difficult for CNN to go through. The network, with television ratings at historic lows, doesn't need the trouble.

“At a moment of wider vilification and disparagement of the press, there is every reason to believe this will be weaponized, even if CNN prevails,” said RonNell Andersen Jones, a professor at the University of Utah law school and expert on libel law.

The case is putting a media organization and its key players on the stand in a very public way, which is something people don't usually see.

“I always dread any kind of libel cases because the likelihood that something bad will come out of it is very high,” Minnesota's Kirtley said. “This is not a great time to be a libel defendant if you're in the news media. If we ever did have the support of the public, it has seriously eroded over the past few years.”

David Bauder writes about media for the AP. Follow him at http://x.com/dbauder and https://bsky.app/profile/dbauder.bsky.social

FILE - Signage is seen at the CNN Center in Atlanta on April 21, 2022. (AP Photo/Mike Stewart, File)

FILE - Signage is seen at the CNN Center in Atlanta on April 21, 2022. (AP Photo/Mike Stewart, File)

Fierce wildfires are raging in the Los Angeles area, fueled by powerful Santa Ana winds, sending residents fleeing from burning homes through flames, ferocious winds and towering clouds of smoke. Thousands of firefighters were battling at least three separate blazes on Wednesday, from the Pacific Coast inland to Pasadena.

Here's the latest:

“We pushed the system to the extreme,” said Janisse Quiñones, CEO of the Los Angeles Department of Water and Power. “Four times the normal demand was seen for 15 hours straight, which lowered our water pressure.”

The utility was pushing water from its source into the system, but demand was so high that it wasn’t enough to fill three, one-million-gallon tanks that help maintain pressure for the hydrants in the hills of Palisades.

One tank ran out at 4:45 p.m. on Tuesday, one at 8:30 pm and the third at 3 a.m. on Wednesday.

Officials are urging residents across the region to conserve water so there’s enough for firefighters to use.

“We’re fighting a wildfire with urban water systems, and that is really challenging,” Quiñones said.

Only essential workers will be allowed in, according to an emergency notice from NASA.

The fire is “very close to the lab,” but there’s been no fire damage yet, the center’s director, Laurie Leshin, wrote in a post on the social platform X.

However, there has been some wind damage, wrote Leshin.

She added that hundreds of NASA employees at the lab have had to evacuate from their homes.

The research lab near Pasadena, California, is known for building and sending robotic spacecraft to Mars and the outer solar system.

The president had planned to travel from Los Angeles to Riverside County by plane on Tuesday to announce the creation of two new national monuments.

His trip was announced on Jan. 3 and he was already in the state when the fires broke out.

White House officials canceled the air traffic restrictions necessary for his travel and noted that he stayed put in his hotel Tuesday in order to minimize his impact on first responders and law enforcement.

He will head to Washington, D.C., later in the day.

The crowdfunding site also has a California Wildfire Relief Fund that will be distributed to people seeking help through GoFundMe fundraisers and nonprofits providing relief, the company said.

Melissa Levy, the executive director of Pasadena Jewish Temple and Center, said staff evacuated on Tuesday night and the synagogue’s Torah scrolls were taken to the home of a community member.

Levy said it appears the synagogue caught fire and buildings have burned.

“We are still assessing the situation and right now our primary focus is on our community members and their safety as many of them have also lost their homes,” Levy said in an email.

Classes were canceled on Wednesday due to the fires and strong winds, the university said on its website.

Officials have said about 30,000 residents are under evacuation orders. And more than 13,000 structures are under threat.

The evacuation orders affect areas including the Pacific Palisades neighborhood near the sea, areas north of Pasadena and part of the San Fernando Valley.

Other areas are under evacuation warnings that say people who need additional time to evacuate should get moving.

Los Angeles County Fire Chief Anthony Marrone said two people were killed and many others hurt in the fires, which have destroyed more than 1,000 structures.

A spokesman for Vice President Kamala Harris says her neighborhood in Los Angeles was put under an evacuation order Tuesday night.

Ernesto Apreza said in a Wednesday post on the social platform X that no one was in the house at the time.

The smoke is thick and gray, and the headlights of vehicles in badly hit areas are glowing well after sunrise. There is the crackling of the flames and the rustling of palm trees in the strong wind, and the exclamations of emergency responders.

One firefighter stands on top of a truck and watches a home burn. There is a bin for recycling sitting outside the blazing home, abandoned.

Litter blows by. Every stray piece could become another flame.

Southern California Edison shut off power to nearly 120,000 customers in six Southern California counties over safety concerns due to high winds and the risk of wildfires.

Another 440,000 customers could face similar shutoffs depending on weather conditions, the utility said Wednesday on its website.

Pasadena Fire Chief Chad Augustin said much of the city of Pasadena is under evacuation orders as his department waits for winds to die down so he can get aircraft up to start dousing the flames from overhead.

Until that happens, it’s going to be difficult to get the blaze there under control, Augustin told KABC-TV, the ABC affiliate.

Fire departments from across California were sending in firefighters as crews in the Los Angeles area were stretched to their limit, he said.

He said there had been no loss of life and thanked public safety officers for “pulling people out from burning buildings” overnight.

Pasadena, where the Eaton fire is burning, and neighboring Glendale canceled classes Wednesday.

Los Angeles Unified School District also closed several elementary schools in the evacuation area of the fire burning in Pacific Palisades.

Palisades Charter High School, which burned in the fire, was not back in session yet.

Fire crews assigned to the Eaton fire burning in Pasadena are working to keep the blaze north of the 210 Freeway, east of Angeles Crest Highway, west of Santa Anita Avenue and south of Mount Wilson, according to an incident action plan developed for Wednesday operations.

The fire rapidly grew to more than 3.13 square miles (8.11 square kilometers) overnight amid dangerous fire weather conditions caused by strong winds and low levels of relative humidity.

More than 180,000 customers were without power in southern California, with the vast majority of them in Los Angeles County, according to PowerOutage.us, which tracks outages nationwide.

Statewide, over 320,000 customers were without power on Wednesday morning.

It’s only the third time in 30 years that has happened in January, said David Acuña, a battalion chief for Cal Fire. Such a team, of officials from various agencies, is only assembled during major, complex events.

“This is a rare event” to have incidents like this in January, Acuña said, adding that wildfires are so common during other months that fire officials no longer talk about “fire seasons.”

“We now talk about ‘fire years,’” said Acuña. “We had wildfires pop up in December and now we have these in early January.”

Palisades fire: West of Los Angeles, by the sea. It has burned about 4.5 square miles (11.6 square kilometers).

Eaton fire: Altadena area, north of Pasadena. It has burned about 1.6 square miles (4 square kilometers).

Hurst fire: In the San Fernando Valley. It has burned about 500 acres (202 hectares).

Woodley fire: In the San Fernando Valley. It has burned about 75 acres (30 hectares).

All four fires are currently at 0% containment.

Wildfires that ripped through the Pacific Palisades neighborhood of Los Angeles forced many Hollywood stars, including Mark Hamill, Mandy Moore and James Woods, to evacuate their homes.

California firefighters are battling wind-whipped wildfires that are tearing across the area, destroying homes and straining resources as the fires burned uncontained early Wednesday.

The Pacific Palisades neighborhood is a hillside area along the coast dotted with celebrity residences and memorialized by the Beach Boys in their 1960s hit “Surfin’ USA.”

Flames jumped the famous Sunset Boulevard and burned parts of the Palisades Charter High School, which has been featured in many Hollywood productions including the 1976 horror movie “Carrie,” the 2003 remake of “Freaky Friday” and the TV series “Teen Wolf.”

▶ Read more about the stars whose homes are threatened by the fires

As the sun rose Wednesday the devastation was stunning with morning news crews showing home after home engulfed in flames, some collapsing live on camera.

Roads were strewn with power lines, some flickering with fire.

The sun is rising behind a wall of smoke in the Pacific Palisades that looks as black as night. Here’s what witnesses have been saying.

“We looked across and the fire had jumped from one side of the road to the other side of the road,” Kelsey Trainor said. “People were getting out of the cars with their dogs and babies and bags, they were crying and screaming.”

“As soon as I opened my door, it was like right there,” Sheriece Wallace said. “The first thing I did was look at the trees to see where the wind was blowing. Because it hit me. It blew me back.”

“It is crazy, it’s everywhere, in all the nooks and crannies of the Palisades. One home’s safe, the other one’s up in flames,” Will Adams said.

Cal Fire says a “go bag” should include:

— A map with at least two evacuation routes

— Necessary prescriptions or medical items like eyeglasses

— Extra car keys, cash or credit cards

— A basic first-aid kit

— A flashlight and battery-powered radio with extra batteries

— Copies of important documents like passports or birth certificates.

It should also include a three-day supply of non-perishable food and water per person, as well as food and water for any pets. N95 masks can help filter out many of the particles in wildfire smoke, and an extra cellphone battery or charger can also be helpful.

“Plan like you’re going on a trip for seven days. Have clothes, toilet paper, toothbrush, soap, a towel in there,” said Jesse Torres, a battalion chief for the California Department of Forestry and Fire Protection, or Cal Fire, said.

Evacuating a wildfire area can be scary, but experts say people can significantly improve their own safety with a little preparation and common sense.

Creating a wildfire action plan, packing a “go bag” and maintaining basic situational awareness during evacuations can make a big difference when escaping a disaster, Jesse Torres, a battalion chief for the California Department of Forestry and Fire Protection, or Cal Fire, said.

But the most important tip? Don’t wait around for an evacuation order, Torres said.

“The biggest thing is to get out early, before the notifications come out. It’s so important to avoid the congestion,” he said.

The morning sky is lightening, and soon the scope of the devastation will be more clear. Some hillsides are glowing from the scattered fires.

Generally, it starts in June or July and runs through October, according to the Western Fire Chiefs Association.

However, January wildfires are not unprecedented — there was one in 2022 and 10 in 2021, according to CalFire.

Recent data shows the season is beginning earlier and ending later due to rising temperatures and decreased rainfall tied to climate change. That means rains that usually end fire season are often delayed and fires can burn through the winter months as a result, the association says.

The National Weather Service is receiving reports of winds up to 80 mph (129 kph) this morning. They could top 100 mph (160 kph) in mountains and foothills and include areas that haven’t seen substantial rain in months.

Red flag warnings are highlighting extremely critical fire weather conditions. Those include exceptionally dry relative humidity levels, according to Peter Mullinax, a meteorologist with the weather service.

He says the winds are expected to continue into Thursday, too, “providing very little in terms of any relief.”

Sunrise is in a little over an hour.

Overnight, the images were stark: The skeleton of a Christmas tree was framed in a blazing window in the Pacific Palisades.

Opulent homes collapsed in a whirlwind of flaming embers.

The tops of palm trees whipped against the glowing red sky.

Vast clouds of smoke dwarfed the water dumped by helicopters attempting to calm the flames.

The Palisades Fire burns a residence in the Pacific Palisades neighborhood of Los Angeles, Tuesday, Jan. 7, 2025. (AP Photo/Ethan Swope)

The Palisades Fire burns a residence in the Pacific Palisades neighborhood of Los Angeles, Tuesday, Jan. 7, 2025. (AP Photo/Ethan Swope)

People flee from the advancing Palisades Fire, by car and on foot, in the Pacific Palisades neighborhood of Los Angeles Tuesday, Jan. 7, 2025. (AP Photo/Etienne Laurent)

People flee from the advancing Palisades Fire, by car and on foot, in the Pacific Palisades neighborhood of Los Angeles Tuesday, Jan. 7, 2025. (AP Photo/Etienne Laurent)

A car travels down East Mendocino Street as a wildfire burns in the hills near Eaton Canyon, Tuesday, Jan. 7, 2025, in Altadena, Calif. (AP Photo/Chris Pizzello)

A car travels down East Mendocino Street as a wildfire burns in the hills near Eaton Canyon, Tuesday, Jan. 7, 2025, in Altadena, Calif. (AP Photo/Chris Pizzello)

Water is dropped on the advancing Palisades Fire by helicopter in the Pacific Palisades neighborhood of Los Angeles, Tuesday, Jan. 7, 2025. (AP Photo/Ethan Swope)

Water is dropped on the advancing Palisades Fire by helicopter in the Pacific Palisades neighborhood of Los Angeles, Tuesday, Jan. 7, 2025. (AP Photo/Ethan Swope)

Residents of a senior center are evacuated as the Eaton Fire approaches Tuesday, Jan. 7, 2025, in Altadena, Calif. (AP Photo/Ethan Swope)

Residents of a senior center are evacuated as the Eaton Fire approaches Tuesday, Jan. 7, 2025, in Altadena, Calif. (AP Photo/Ethan Swope)

A resident of a senior center is evacuated as the Eaton Fire approaches Tuesday, Jan. 7, 2025 in Altadena, Calif. (AP Photo/Ethan Swope)

A resident of a senior center is evacuated as the Eaton Fire approaches Tuesday, Jan. 7, 2025 in Altadena, Calif. (AP Photo/Ethan Swope)

A resident of a senior center is evacuated as the Eaton Fire approaches Tuesday, Jan. 7, 2025 in Altadena, Calif. (AP Photo/Ethan Swope)

A resident of a senior center is evacuated as the Eaton Fire approaches Tuesday, Jan. 7, 2025 in Altadena, Calif. (AP Photo/Ethan Swope)

Residents of a senior center are evacuated as the Eaton Fire approaches Tuesday, Jan. 7, 2025, in Altadena, Calif. (AP Photo/Ethan Swope)

Residents of a senior center are evacuated as the Eaton Fire approaches Tuesday, Jan. 7, 2025, in Altadena, Calif. (AP Photo/Ethan Swope)

The Eaton Fire burns vehicles and structures Wednesday, Jan. 8, 2025 in Altadena, Calif. (AP Photo/Ethan Swope)

The Eaton Fire burns vehicles and structures Wednesday, Jan. 8, 2025 in Altadena, Calif. (AP Photo/Ethan Swope)

The Palisades Fire burns a Christmas tree inside a residence in the Pacific Palisades neighborhood of Los Angeles, Tuesday, Jan. 7, 2025. (AP Photo/Ethan Swope)

The Palisades Fire burns a Christmas tree inside a residence in the Pacific Palisades neighborhood of Los Angeles, Tuesday, Jan. 7, 2025. (AP Photo/Ethan Swope)

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