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		<title>Ex-Trump ethics lawyer&#8217;s Jan. 6 Committee lawsuit dismissed</title>
		<link>https://homesafetytechpros.com/ex-trump-ethics-lawyers-jan-6-committee-lawsuit-dismissed/</link>
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		<pubDate>Sat, 25 Jan 2025 14:08:54 +0000</pubDate>
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					<description><![CDATA[<p>Stefan Passantino appearing on The Tucker Carlson Show in November 2024 (YouTube). A federal judge in Georgia has tossed out a lawsuit filed by a former Trump White House ethics lawyer accusing members of the House Committee to Investigate Jan. 6 of civil conspiracy and invasion of privacy in connection with their investigation into the [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/ex-trump-ethics-lawyers-jan-6-committee-lawsuit-dismissed/">Ex-Trump ethics lawyer&#8217;s Jan. 6 Committee lawsuit dismissed</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_503881" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-503881" class="size-full wp-image-503881" src="https://am24.mediaite.com/lc/cnt/uploads/2025/01/Stefan-Passantino-appearing-on-The-Tucker-Carlson-Show-in-November-2024-YouTube.jpg" alt="Stefan Passantino appearing on The Tucker Carlson Show in November 2024 (YouTube)." width="1200" height="627"/></p>
<p id="caption-attachment-503881" class="wp-caption-text">Stefan Passantino appearing on The Tucker Carlson Show in November 2024 (YouTube).</p>
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<p>A federal judge in <a href="https://lawandcrime.com/tag/georgia/">Georgia</a> has tossed out a lawsuit filed by a former <a href="https://lawandcrime.com/tag/donald-trump/">Trump</a> White House ethics lawyer <a href="https://lawandcrime.com/jan-6-committee/lawyers-want-donald-trump-ethics-lawyers-who-represented-former-white-house-aide-before-jan-6-committee-disbarred/">accusing members of the House Committee to Investigate Jan. 6</a> of civil conspiracy and invasion of privacy in connection with their investigation into the attack on the Capitol.</p>
<p>U. S. District Judge Eleanor L. Ross on Wednesday granted the government’s request to dismiss the case brought by Stefan Passantino, who claimed that members of the Committee leaked transcripts of confidential interviews to CNN to “ensure maximum damage” was done to his “reputation and his existing and future legal, political, and business clients.”</p>
<p>Passantino was deputy White House counsel during the first Trump administration who went back to the private sector during the Biden administration and worked for the Trump-supporting political action committee, Save America Leadership. There, he represented several people who testified before the Jan. 6 Committee.</p>
<p>Passantino was the first lawyer to represent Cassidy Hutchinson, the former special assistant to President Trump and Chief of Staff Mark Meadows, in her meetings with the Committee.</p>
<p>According to Passantino, then-Congresswoman Liz Cheney and Senior Investigative Counsel Dan George in May 2022 contacted Hutchinson without his knowledge and advised his client that he “would not be advancing her interests” because he “was being paid by a Trump-affiliated third-party,” which ultimately led to her seeking new counsel.</p>
<p>Hutchinson participated in several additional interviews and in December 2022, a CNN reporter contacted Passantino and said an unreleased transcript from one of Hutchinson’s interviews suggested he had counseled her “not to answer the Committee’s questions fully and honestly.”</p>
<p>Hutchinson testified that before her initial sessions with the Committee, Passantino would dangle potential jobs “in Trumpworld” and tell her she would be “taken care of.”</p>
<aside class="o-callout__recirculate o-callout"/>
<p>“I want to make this clear to you: Stefan never told me to lie,” she told the committee. “He specifically told me, ‘I don’t want you to perjure yourself, but ‘I don’t recall’ isn’t perjury. They don’t know what you can and can’t recall.&#8221;”</p>
<p>CNN then published <a href="https://www.cnn.com/2022/12/20/politics/trump-ethics-lawyer-passantino-cassidy-hutchinson-misleading-testimony-jan-6/index.html">an article</a> entitled “Trump’s former White House ethics lawyer told Cassidy Hutchinson to give misleading testimony to January 6 committee, sources say.”</p>
<p>Passantino claimed the interview transcripts contradicted CNN’s own story about him advising Hutchinson to be deceptive, but asserted the network went through with it anyway because it was given to them directly by the Committee.</p>
<p>He then filed a lawsuit under the <a href="https://sgp.fas.org/crs/misc/R45732.pdf">Federal Tort Claims Act</a> (FTCA), which allows injured plaintiffs to file tort lawsuits against the federal government in certain circumstances, typically when a government actor causes injury through negligence.</p>
<p>In dismissing his lawsuit, the court reasoned that Passantino’s claims of invasion of privacy and civil conspiracy arose out of alleged libel and slander, both of which are explicitly exempted from FTCA claims.</p>
<p>Essentially, because Passantino’s allegations are based on the Committee allegedly leaking false statements about him to the media, those allegedly false statements cannot form the basis of a valid claim under the FTCA’s Intentional Tort Exception (other exceptions include assault, battery, malicious prosecution, false arrest).</p>
<p>Ross summed up the reasoning as follows:</p>
<blockquote>
<p>“At bottom, ‘all of the [Committee’s] allegedly tortious actions here are based on statements, representations, or imputations’ — actions that would form the basis of a claim barred by the libel/slander exception. And Passantino cannot point to any action by the Committee independent of these ‘statements, representations, or imputations’ upon which to base his claims. Passantino insists that this ‘suit is not based on the defamatory sting of the ensuing publication’ but rather ‘the publication of private information.’ But this assertion contradicts the whole of Passantino’s claims, which necessarily depend on the falsity of the information the Committee leaked to the media. Without that false information, Passantino cannot attribute any of the harm alleged in the Complaint to an act by the Committee.<br />Passantino calls his claims ‘invasion of privacy’ and ‘civil conspiracy,’ but in substance, he asserts a claim for defamation.</p>
</blockquote>
<p>According to Ross, when the defamation claims from Passantino’s complaint are removed, the only remaining conduct alleged is that the Committee leaked information relating to his attorney-client relationship with Hutchinson. However, Passantino failed to clarify what that “private information” was, she wrote.</p>
<p>Ross further asserted that a subsequent report released by the House Committee on House Administration entitled “The Failures and Politization of the January 6th Select Committee” only “further undermined” Passantino’s claim by “showing that the private information about Passantino the Committee disclosed to the media and in a complaint to the D.C. Bar was, in fact, defamatory.”</p>
<p>“Passantino’s injury is ‘wholly attributable’ to the Committee’s defamatory statements — conduct expressly immunized by,” Ross wrote. “And no reading of the Complaint, even in a light most favorable to Passantino, supports Passantino’s argument that his claims are based upon ‘other independent government action.&#8217;”</p>
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<br /><a href="https://lawandcrime.com/high-profile/ex-trump-white-house-lawyers-lawsuit-against-jan-6-committee-tossed-because-information-members-leaked-to-cnn-was-in-fact-defamatory-against-him/">Source link </a></p>
<p>The post <a href="https://homesafetytechpros.com/ex-trump-ethics-lawyers-jan-6-committee-lawsuit-dismissed/">Ex-Trump ethics lawyer&#8217;s Jan. 6 Committee lawsuit dismissed</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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		<title>Internal CNN communications showcased in defamation trial</title>
		<link>https://homesafetytechpros.com/internal-cnn-communications-showcased-in-defamation-trial/</link>
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		<pubDate>Sat, 11 Jan 2025 00:16:29 +0000</pubDate>
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					<description><![CDATA[<p>Fuzz Hogan on the witness stand during a defamation trial on Jan. 10, 2025 (Law&#38;Crime). A senior CNN employee found himself in the hot seat during the fourth day of the civil trial between the U.S. Navy veteran and the cable news network he claims defamed him in a story about his work extracting people [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/internal-cnn-communications-showcased-in-defamation-trial/">Internal CNN communications showcased in defamation trial</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_501392" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-501392" class="size-full wp-image-501392" src="https://am23.mediaite.com/lc/cnt/uploads/2025/01/Young-CNN-Day-4-Hogan.jpg" alt="Fuzz Hogan on the witness stand" width="1200" height="627"/></p>
<p id="caption-attachment-501392" class="wp-caption-text">Fuzz Hogan on the witness stand during a defamation trial on Jan. 10, 2025 (Law&amp;Crime).</p>
</div>
<p>A senior CNN employee found himself in the hot seat during the <a href="https://www.youtube.com/watch?v=0OLund_VdJk" target="_blank" rel="noopener">fourth day of the civil trial</a> between the U.S. Navy veteran and the cable news network he claims defamed him in a story about his work extracting people from war-torn Afghanistan.</p>
<p>Taking the stand was Fuzz Hogan, who is currently employed as a senior director with CNN’s standards and practices department.</p>
<p>The witness played a key role in <a href="https://lawandcrime.com/high-profile/a-fraud-on-this-court-cnn-produces-surprise-document-to-accuse-navy-veteran-of-lying-in-defamation-case-while-plaintiff-complains-of-trial-by-ambush-and-judge-gets-fed-up/" target="_blank" rel="noopener">the ongoing drama</a>; at the time the story in question aired, Hogan worked as a fact-checker and was the person responsible for clearing the facts in the story itself.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>The offending coverage was a November 2021 segment on “The Lead with Jake Tapper.” The plaintiff’s lawsuit alleges the network falsely painted him as an “illegal profiteer” exploiting “desperate Afghans” with “exorbitant” fees amid the U.S.’s chaotic withdrawal.</p>
<p><a href="https://lawandcrime.com/high-profile/he-went-from-patriot-to-criminal-lawyer-for-navy-veteran-suing-cnn-says-theres-overwhelming-evidence-network-knew-hit-piece-was-theater/" target="_blank" rel="noopener">Young maintains</a> that CNN’s broadcast effectively tarred him as a scofflaw and ruined his business, making it nearly impossible for him to work because of the severe damage to his reputation that ensued.</p>
<p>A major aspect of the plaintiff’s case was always certain to include a circumspect look at how CNN’s employees discussed the story – before, during, and after publication.</p>
<p>On Friday, the final witness of the day offered the Florida jury a substantial degree of insight into some of those inner workings.</p>
<p>“I want to cover some of the things you didn’t know before publishing the story,” Young’s attorney Joe Delich said. “You didn’t know whether Mr. Young successfully evacuated anyone from Afghanistan before you published, right?”</p>
<p>Hogan replied in the affirmative.</p>
<p>“You also didn’t know if anyone at CNN even tried to find out whether Mr. Young successfully evacuated anyone from Afghanistan?” the plaintiff’s attorney asked.</p>
<p>The witness paused, then said: “I’d have to say I don’t know, but I can’t remember those three years ago, but yeah.”</p>
<p>Offered a chance to refresh his recollection, Hogan declined and agreed with Young’s lawyer: “No, it’s fine. I didn’t know. Sure.”</p>
<p>“So, you didn’t know if anyone at CNN even tried to find out whether Mr. Young successfully evacuated anyone from Afghanistan, right?” Delich asked yet again.</p>
<p>To which Hogan replied: “Not to my memory, no.”</p>
<p>The plaintiff’s attorney next asked whether Hogan knew the answer about Young’s success rate in Afghanistan now. The witness replied to say he did not know then and does not know now.</p>
<p>Finally, getting to the heart of this line of questioning, Delich pressed on and asked the witness: “And that’s because you didn’t think those things were relevant to the story, right?”</p>
<p>Hogan essayed a puzzled-looking face and replied: “I was a fact-checker then, so my job was to check the facts in the story as asserted. So, I – the facts – the story’s accurate.”</p>
<p>“But you didn’t think it was relevant to the way you reported the story, right?” Delich asked.</p>
<p>The witness responded: “I wouldn’t say it was not, irrelevant, or whatever the word – however you say that. But it wasn’t germane to the text we were – I was improving.”</p>
<p>Young’s attorney then directed the witness to a portion of his deposition.</p>
<p>Hogan read from the document and said he believed his answers were consistent with one another – and then laughed out loud.</p>
<p>Delich kept at this thread and asked again: “So, you didn’t think it was relevant whether anyone tried to find out that Mr. Young successfully evacuated anyone from Afghanistan?”</p>
<p>“I think my line here is consistent with what I just said,” Hogan replied. “In the form that we reported the piece, it wasn’t relevant.”</p>
<p>Attention then turned to an internal CNN discussion between Hogan and editor Tom Lumley about the digital version of the story.</p>
<p>Messages displayed for jurors showed Lumley’s thoughts about the story – penned by Alex Marquardt – in a series of messages to Hogan.</p>
<p>“That Alex story is not poetry in anyway,” Lumley wrote. “I just want to publish something to defuse some drama. I also think it’s half a good story. We should have carried on and reported it out more. Or he should have. I only saw a version at 2pm yesterday. Was not part of the process at all.”</p>
<p>Eventually, Hogan replied to the editor and wrote: “Feels like a good character but he only got 3/4 of the way toward the larger.”</p>
<p>Pressed to account for this response, the witness said his response evidenced some general measure of “agreeable sentiment” but insisted he did not agree with Lumley entirely.</p>
<p>“It’s his job to be an editor,” Hogan said. “He can have opinions about the story that are beyond my role.”</p>
<p>After some back-and-forth, the plaintiff’s attorney elicited testimony that Hogan, in fact, approved the story for publication.</p>
<p>Then Delich moved in for a piece of theater.</p>
<p>He asked: “Mr. Hogan, you approved this 3/4 story about Mr. Young because you thought he was a shit, didn’t you?”</p>
<p>Smiling through his answer as if to shrug off the jab, Hogan replied: “No.”</p>
<p>“Do you deny calling him a shit?” Delich pressed.</p>
<p>Hogan replied: “I don’t.”</p>
<p>Jurors and court-watchers were then treated to a magnified conversation between the witness and CNN reporter Elizabeth Wolfe.</p>
<p>In sum and substance, Wolfe appears to complain about Young’s business pitch for helping would-be evacuees with legal issues. Then, Hogan appears to join in the criticism and supplies the epithet.</p>
<p>The reporter griped: “wow this dude is promising them legal status or refugee status.”</p>
<p>Hogan wrote back: “Yeah, he’s a shit.”</p>
<div id="attachment_501394" style="width: 1210px" class="wp-caption alignnone"><img decoding="async" aria-describedby="caption-attachment-501394" class="size-full wp-image-501394" src="https://am23.mediaite.com/lc/cnt/uploads/2025/01/Young-CNN-Day-4-Messages.jpg" alt="Internal CNN communications used during a trial in Florida." width="1200" height="627"/></p>
<p id="caption-attachment-501394" class="wp-caption-text">Internal CNN communications shown to jurors during a defamation trial on Jan. 10, 2025 (Law&amp;Crime).</p>
</div>
<p>Quizzed about those basic facts of their conversation, the witness answered in the affirmative.</p>
<p>With his wind-up stance thoroughly secured, Delich asked: “And then you went on to approve a 3/4 true story didn’t you?”</p>
<p>“Yes,” Hogan replied.</p>
<p>The plaintiff finished the direct examination of the witness on that note.</p>
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<p>The post <a href="https://homesafetytechpros.com/internal-cnn-communications-showcased-in-defamation-trial/">Internal CNN communications showcased in defamation trial</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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		<title>CNN&#8217;s parent company must turn over docs in defamation case</title>
		<link>https://homesafetytechpros.com/cnns-parent-company-must-turn-over-docs-in-defamation-case/</link>
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		<pubDate>Sat, 16 Nov 2024 00:01:13 +0000</pubDate>
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					<description><![CDATA[<p>Inset: Zachary Young. Main: A court exhibit highlights the chyron from the Nov. 11, 2021, CNN segment at issue (court documents). CNN‘s parent company Warner Bros. Discovery must conduct a financial deep dive and then hand relevant information over to a Navy veteran who is suing the network in a high-profile, and potentially high-dollar, defamation [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/cnns-parent-company-must-turn-over-docs-in-defamation-case/">CNN&#8217;s parent company must turn over docs in defamation case</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_487799" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-487799" class="size-full wp-image-487799" src="https://am22.mediaite.com/lc/cnt/uploads/2024/10/Zachary-Young.jpg" alt="Zachary Young" width="1200" height="627"/></p>
<p id="caption-attachment-487799" class="wp-caption-text">Inset: Zachary Young. Main: A court exhibit highlights the chyron from the Nov. 11, 2021, CNN segment at issue (court documents).</p>
</div>
<p><a href="https://lawandcrime.com/tag/cnn/" target="_blank" rel="noopener">CNN</a>‘s parent company Warner Bros. Discovery must conduct a financial deep dive and then hand relevant information over to a Navy veteran who is suing the network in a high-profile, and potentially high-dollar, <a href="https://lawandcrime.com/tag/defamation/" target="_blank" rel="noopener">defamation</a> case, a judge in Delaware ruled on Friday.</p>
<p>In the event the requested documents do not exist, however, the company must issue a “sworn declaration” to that effect, <a href="https://lawandcrime.com/tag/delaware/" target="_blank" rel="noopener">Delaware</a> Superior Court Judge Lynne M. Parker ruled, <a href="https://www.foxnews.com/media/cnn-parent-warner-bros-discovery-must-hand-over-financial-info-defamation-trial-looms-delaware-court-says?intcmp=tw_fnc" target="_blank" rel="noopener">Fox News</a> reports.</p>
<p>The ruling may come as something of a double-edged victory for Zachary Young, who is <a href="https://lawandcrime.com/lawsuit/a-bridge-too-far-after-cnn-adds-amber-heard-lawyer-judge-rules-in-favor-of-navy-veteran-as-major-defamation-case-careens-towards-trial-on-jan-6/" target="_blank" rel="noopener">suing CNN over a 2021 segment</a> that aired on “The Lead with Jake Tapper.” In <a href="https://s3.documentcloud.org/documents/25247742/young-complaint.pdf" target="_blank" rel="noopener">the lawsuit</a>, Young claims the cable news channel falsely painted him as an “illegal profiteer” exploiting “desperate Afghans” with “exorbitant” extraction fees amid the fallout of President Joe Biden’s chaotic withdrawal from Afghanistan.</p>
<p>Young and his attorneys have been trying to get their hands on certain financial documents they claim are relevant to the case for some time but complain that CNN has not been forthcoming with such discovery.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>The underlying lawsuit was filed in Bay County, Florida, where 14th Judicial Circuit Court Judge William Henry is overseeing the case.</p>
<p>Young, a U.S. citizen who lives in Austria and is the president of Florida-based corporation Nemex Enterprises, is suing for CNN defamation per se, defamation by implication, group libel and trade libel, claiming that his efforts to save lives in Afghanistan as a security consultant were distorted by “lies published for sensationalism.”</p>
<p>The segment at issue, which aired on Nov. 11, 2021, and featured correspondent Alex Marquardt’s reporting on Tapper’s show, displayed a photo of Young over chyrons that read: “AFGHANS TRYING TO FLEE TALIBAN FACE BLACK MARKETS, EXORBITANT FEES, NO GUARANTEE OF SAFETY OR SUCCESS” and “AFGHANS AND ACTIVISTS REPORT DEMANDS OF $10K-$14K FOR ATTEMPTS TO GET FAMILY MEMBERS OUT OF COUNTRY.”</p>
<p>CNN has since tried and failed to prevent Young from <a href="https://1dca.flcourts.gov/content/download/2435811/opinion/Opinion_2023-2237.pdf" target="_blank" rel="noopener">amending his lawsuit</a> to request likely costly punitive damages, failed to keep Tapper <a href="https://www.foxnews.com/media/defamation-lawsuit-against-cnn-could-expose-companys-financial-secrets" target="_blank" rel="noopener">from being deposed</a>, failed to prevent the release of embarrassing internal messages, and, relevant now, failed to keep the trial court from signing off on an “<a href="https://puck.news/suing-the-media-for-defamation-find-a-republican-judge/" target="_blank" rel="noopener">expansive</a>” financial spelunking trip.</p>
<p>But the multinational mass media conglomerate, for their part, says the documents Young wants simply do not exist.</p>
<p>“If it doesn’t exist, we can’t be compelled to produce anything,” Jennifer Ying, representing Warner Bros. Discovery, told the judge in Delaware, according to a courtroom report by <a href="https://www.foxnews.com/media/cnn-parent-warner-bros-discovery-must-hand-over-financial-info-defamation-trial-looms-delaware-court-says?intcmp=tw_fnc" target="_blank" rel="noopener">Fox News</a>.</p>
<p>“We have told them twice now that such information does not exist,” Ying reportedly continued. “They have refused to accept that. We cannot create information that simply does not exist.”</p>
<p>Henry previously issued an order directing CNN to turn over the requested documents — but threw up his hands at the suggestion of directing the network to issue a sworn declaration attesting to the would-be non-existence of the financial statements in question.</p>
<p>The Florida court’s broad ruling, while helpful to the plaintiff, ultimately created a state of limbo in a fast-approaching trial.</p>
<p>Tired of waiting, the plaintiff’s team recently moved up the corporate organization chart — filing a request with the Delaware court because that is where Warner Bros. Discovery is incorporated.</p>
<p>“It’s simply inconceivable that Warner Bros. Discovery is incapable of providing cashflow and balance sheet information for its wholly owned subsidiary,” attorney Joe Delich told Parker. “Warner Bros. Discovery has produced some documents but has not produced any information about cashflow, or any kind of balance sheet information. We know that Warner Bros. Discovery has the ability to do this.”</p>
<p>On Friday, the parent company’s attorney shot back that the latest ask from Young was “premature” because the original subpoena return date had yet to lapse. Ying also complained that the subpoena lacked any mention of cash flow statements and balance sheets.</p>
<p>Parker aimed to cut through the confusion — unintentional or otherwise; essentially instructing both parties to get it together.</p>
<p>She told Young to issue a new, more specific subpoena that explicitly demands both cash flow statements and balance sheets.</p>
<p>“Well, CNN does not have to provide a sworn declaration, but Warner Bros. does,” the Delaware judge said. “You’re going to subpoena Warner Brothers requesting these two specific things, and they’re either going to produce documents or they’re going to give you a sworn declaration that it does not exist.”</p>
<p>The court instructed Young’s team to act fast.</p>
<p>“Issue the subpoena right away,” Parker continued. “They have 20 days from the date of issuance to respond.”</p>
<p>In the underlying lawsuit, Young says he “never advertised to, or took a single penny from, any Afghan, much less ‘exploited’ ‘desperate Afghans,&#8221;” that he “certainly never sold any services on a ‘black market,&#8217;” and that “[e]verything he did was legal.” But the CNN report “rendered” him “permanently unemployable in the career he has trained his whole life for” and, in turn, cost him millions of dollars.</p>
<p>The complaint includes <a href="https://am22.mediaite.com/lc/cnt/uploads/2024/10/Screenshot-2024-10-23-at-1.56.14-PM.png" target="_blank" rel="noopener">an on-air correction</a> and apology where CNN says they did not “mean to suggest” Young “participated in the black market,” despite the chyron under his photo on the segment.</p>
<p>The court docket in Florida currently shows two pre-trial hearings scheduled for Nov. 25 and 26. Trial is slated to begin Jan. 6.</p>
<p> </p>
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