CNN defamation trial: Judge scolds CNN’s lead counsel, orders apology to plaintiff: ‘This isn’t kindergarten’

Judge William Henry blasted CNN’s lead counsel in the ongoing defamation trial on Wednesday, ordering him to apologize to plaintiff Zachary Young for repeatedly calling him a “liar” and telling the high-powered lawyer he lost all credibility in the courtroom. 

“This isn’t kindergarten. Y’all matriculated from kindergarten a long, long time ago,” Judge Henry said. 

Young, a Navy veteran, alleges that CNN smeared him by implying he illegally profited when helping people flee Afghanistan on the “black market” during the Biden administration’s military withdrawal from the country in 2021. Young believes CNN “destroyed his reputation and business” by branding him an illegal profiteer who exploited “desperate Afghans” during the November 2021 segment.

Young’s lead counsel Vel Freedman informed Judge Henry on Wednesday that his client had just learned he lost his security clearance, which had been previously renewed right after the CNN report aired. CNN’s legal team had earlier suggested that Young maintaining security clearance was proof that he lied about being able to work in the wake of the CNN segment. 

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Freedman said Young checked his security clearance status after testifying, and discovered that he actually lost it in 2022. As a result, Freedman sought to add a witness from Helios Global, the firm that held Young’s now-defunct security clearance, in order to tell jurors that the relationship “dissolved” in 2022. 

CNN lead counsel David Axelrod, who shares a name with the CNN political commentator, objected to the last-minute effort. However, Freedman insisted the “jury should not be misled” and said Bay County jurors were left with the impression that Young still holds a security clearance to this day. 

Axelrod insisted that he didn’t mislead the jury, but Judge Henry blasted the “blatant misrepresentation” of CNN’s legal team implying the security clearance document was an employment contract.  

Judge Henry read aloud a transcript of Axelrod’s comments from last week, in which he called the lawsuit a “fraud” and insisted Young “lied” about being able to earn income in the wake of the CNN report. 

“You called him a liar multiple times there,” Judge Henry said.

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CNN’s lead counsel David Axelrod irked Judge William Henry.  (Jessica Costescu)

Judge Henry seemed annoyed that Axelrod used the security clearance document to insist Young was a “liar,” but then objected to a witness who would be able to explain that Young did not actually have the clearance. Freedman told the judge that CNN “knew” Young no longer had security clearance but didn’t tell the court. 

“They knew it was not true,” Freedman said. “CNN knew that relationship ended, knew Mr. Young did not know that relationship ended, had proof of it, failed to disclose it to the other side, and then put an expert on the stand to say he still has it.”

Much like last week when similar chaos erupted, Judge Henry then called for a recess because he wanted to return to his chambers and think things over. He returned and promptly scolded Axelrod. 

“I think I made comments throughout the course of this case about how counsel was conducting themselves, how everything was a surprise, a last-minute thing … I find it rich that we’ve got discovery being done at the same time a motion to quash is being filed, arguing that the plaintiffs are violating the rules by sending out trial subpoenas while the defense is doing the exact same thing,” Judge Henry said. 

“We have representations being made to the court that we were just fortuitous … it wasn’t fortuitous, you were just doing the same thing that the plaintiffs were doing, in sending a trial subpoena for documents without notice to the other side,” he continued, adding that CNN’s legal team has flip-flopped on the importance of the security clearance document. 

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U.S. Navy veteran Zachary Young alleges that CNN smeared him by implying he illegally profited when helping people flee Afghanistan on the “black market” during the Biden administration’s military withdrawal from the country in 2021. (Jessica Costescu)

Judge Henry said it was clear CNN’s legal team tried to use the document to show Young didn’t make money in his industry following the CNN segment and there was “no way in hell” he would have admitted it if he knew discovery was conducted after the deadline.

“Mr. Axelrod, I don’t know how many times in this transcript, I didn’t bring the paper back with me, how many times you called Mr. Young a liar. But yet, in his deposition, he acknowledged having his security being held by Helios Global. Which is exactly what that document is and exactly what he testified to,” Judge Henry said.

“I think an apology from you is clearly in order to Mr. Young for the number of times in front of this court, and streamed around the world, that you called Mr. Young a liar,” the judge continued. 

Judge Henry reminded Axelrod that he previously said he wasn’t going to decide the case based on “who can sling the most mud” or who can make the other side look worse. 

Judge Henry then ruled that the Helios Global representative was permitted to testify. 

“I’m troubled by all of this. I’m overly concerned with the level of professionalism, or lack thereof,” Judge Henry said, adding that both sides were at fault. 

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Judge Henry noted that Axelrod previously implied the document was a “smoking gun” in the case but contradicted himself later to suit his argument. 

“Right now, your credibility with me, Mr. Axelrod, is about none,” Judge Henry said. 

Axelrod then apologized. 

“I apologize and if you feel that I misled you, that certainly wasn’t my intention,” Axelrod said. 

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