CNN defamation trial: Reporter accused of ‘deceiving’ prosecutor for hiding fact he was part of CNN story
PANAMA CITY, FLORIDA – One of the journalists behind the CNN report in the center high trial for defamation was accused of “misleading” prosecutors by hiding the fact that he would be part of their story from the beginning.
U.S. Navy veteran Zachary Young claims he was defamed by CNN in a November 2021 report by correspondent Alex Marquardt that first aired on “The Lead with Jake Tapper,” suggesting he illegally profited from desperate people trying to flee Afghanistan after Biden administration military retirement, implying that he was involved in “black market” dealings and as a result destroying his professional reputation.
CNN’s Katie Bo Lillis, an intelligence and national security correspondent who worked with Marquardt on the story, first contacted Young, but kept her cards close to her chest. She offered her testimony on Wednesday.
On November 3, 2021, Young initiated an exchange with Lillis after mistaking her for a potential client when he saw that she had viewed his LinkedIn profile. Lillis replied, “I’d like to talk to you a bit about your operation,” later telling him, “We’re actually working on some reports related to the ongoing effort to get vulnerable Afghans out of the country and your name has come up in a few conversations we’ve had recently so I was hoping to ask you something about your surgery!”
But what Lillis failed to mention is that Young was always meant to be part of the CNN story featured in Marquardt’s introduction email to his bosses on October 28, 2021.
After Lillis admitted to Young that she was writing as a journalist, not as a prospect, Young immediately told her: “I’d rather not be mentioned in the reports.” But instead of revealing that he was the subject, Lillis suggested they talk “a bit off the record”, to which he replied: “Of course, if you agree, I won’t be named in any of the articles.”
“I can’t promise that in advance, unfortunately,” Lillis told Young at the time. But while she still invited him to talk off the record, she added: “It offers you an opportunity to understand what we’re working on … and to make your case for keeping your name out.”
“I’m a straight shooter, I’ll be honest with you about where we are,” Lillis assured him.
Meanwhile, Lillis and Marquardt exchanged messages about their “cover” that was sent to Young.
“I just got to the office. If the mask is unmasked, I say let’s take it easy and say we wrote evacuation stories,” Marquardt said that afternoon.
“Oops, I think our mask was blown when he did the first fetch,” Lillis said to her colleague, who replied, “That’s how it goes.”
Moments later, Marquardt announced “he’s going to be on CNN.” Lillis replied, “Yes, 100 percent.”
Young attorney Kyle Roche repeatedly throated Lillis during cross-examination.
Roche showed jurors a visual timeline of Lillis’ interactions with Young and Marquardt. Text messages show Marquardt told Lillis he wanted to take Young “to a place where I can call him on camera,” while Lillis still told the Navy veteran she just wanted to talk to “the back of the country.”
“You can’t fool Zak in this conversation, can you? You can’t lie to him? You can’t fool him?” Roche asked.
“I can’t lie to him about who I am or why I’m talking to him,” Lillis said.
Roche shot back, “You’re lying to him about other things?”
“No, I mean, I wouldn’t, but… I can’t lie to him,” Lillis replied.
Roche asked if using a “cover” violated journalistic ethics, and she replied that a “false identity” would be considered unethical.
“So if that’s how you define ‘cover,’ yes, it would be against the ethical rules of journalism,” Lillis said, adding that in the context of her messages, she does not believe the word “cover” is an example of CNN reporters misrepresenting themselves.
Roche questioned Lillis about whether using “cover” was “the opposite of being a real shooter.” Lillis laughed on the witness stand and said “we don’t have a cover,” because the messages proved he was “blown away.”
Roche said, “Once your mask is revealed, you weren’t a real marksman before?”
Lillis admitted she didn’t immediately give Young all the information she might have, but insisted she never misrepresented herself.
Other text messages shown to the jury showed Lillis saying Young would “100 percent” end up at CNN while still downplaying his role in the potential story. Lillis denied Roche’s claim that she was “misleading” Young and testified that she did not make a “verbatim statement” that the veteran would end up at the network.
“Should we take the ‘straight shooter’ comment as a literal statement,” Roche asked, to which Lillis replied, “Yes.”
Lillis testified that at the time she did not feel the need to tell Young that Marquardt wanted to put him on camera right away.
Jurors later peppered Lillis with questions about her behavior in her zealous effort to get Young on CNN. The trial continued on Thursday.
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