Associated Press moves to dismiss defamation claim from veteran who defeated CNN in court
The Associated Press filed a motion to dismiss U.S. Navy Veteran Zachary Young's defamation lawsuit on Monday, insisting the complaint is "without merit" and unjustly challenges the outlet's free speech rights.
Young successfully sued CNN for defamation earlier this year after saying the network 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. When covering the trial in January, Associated Press media reporter David Bauder wrote that "Young's business helped smuggle people out of Afghanistan."
Young's legal team has said that the Associated Press article "went even further than CNN's falsehoods," and updated the original complaint to include 40 AP articles that use the term "smuggling" to describe criminal conduct. The court previously ruled that Young did nothing illegal, and he is seeking nearly $500 million in a defamation suit against the AP.
Navy Veteran Seeks Nearly $500 Million In Defamation Lawsuit Against Associated Press
The AP believes Young's suit should be tossed.
"It is premised on the facially implausible contention that The AP made the exact same accusation—that Young had engaged in criminal activities in connection with his Afghan evacuations—that the Article made clear a jury had rejected in the CNN case," AP's legal team wrote in the motion to dismiss.
Read On The Fox News App
"The AP now asks the Court to dismiss this lawsuit with prejudice under Florida's AntiSLAPP statute… which protect 'the rights of free speech in connection with public issues,'" the motion continued. "This is a classic SLAPP lawsuit – a 'lawsuit that lack[s] legal merit but threatens to chill speech by imposing crushing legal expenses.'"
The AP believes its reporting is protected by Florida's fair report privilege, which its legal team wrote "safeguards the ability of the press to report about legal and other official proceedings." In addition, the AP's legal team wrote that the article "cannot be reasonably read as conveying anything defamatory" about Young or his company, Nemex Enterprises.
Navy Veteran Who Proved Cnn Defamed Him Sues Associated Press, Says He Was Falsely Painted As 'Smuggler'
Young's attorney, Daniel Lustig, said the motion to dismiss was expected, and he expects the Navy veteran to prevail.
"AP's position is that words don't mean what they mean. That was CNN's defense. Zachary Young spent nearly three years fighting that fiction and after a court ruled in his favor and a jury affirmed it, the matter should have ended. But now he's back in the same courtroom, facing the same defense, advanced by the same lawyers, insisting once again that a plainly criminal accusation doesn't actually accuse him of a crime," Lustig told Fox News Digital.
"If this feels familiar, it's because it is. The only thing that's changed is the logo on the letterhead. AP called Mr. Young a human smuggler, broadcast it around the world, and now claim they meant it in a nice way. When he asked them to correct a single word, they refused," he continued.
Cnn Defamation Juror Would Have Awarded Navy Veteran 'Up To $100 Million' Before Settlement Was Reached
The AP has referred to the lawsuit as "frivolous" in past statements to the press. The motion was filed with the 14th Judicial Circuit Court in Bay County, Florida, the same court where Young prevailed against CNN.
Young is seeking at least $18 million in economic loss, $50-75 million in reputational harm, $5-10 million in emotional distress and $300-350 million in punitive damages, according to a Notice of Filing.Original article source: Associated Press moves to dismiss defamation claim from veteran who defeated CNN in court
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
CNN
14 minutes ago
- CNN
WH official responds to Elon Musk's criticism of Trump's major bill
White House Economic Adviser Stephen Miran talks with CNN's Wolf Blitzer about the May jobs report and reacts to Elon Musk's criticism of Trump's tariff and legislative agenda.
Hamilton Spectator
15 minutes ago
- Hamilton Spectator
As World Pride flows straight into the military parade, DC officials say they're ready for anything
WASHINGTON (AP) — Officials in the nation's capital generally express full confidence in their ability to handle large, complicated events and huge crowds. As Metropolitan Police Department Chief Pamela Smith recently put it, 'We are really the experts in this space when it comes to crowd management.' Over the next eight days. in the sprawling city that is the nation's capital, that expertise will be put to the test. The District of Columbia is playing host to massive events on back-to-back weekends. Two wildly divergent events each carry the extra possibility of counterprotests or disruption, adding a layer of anxiety to the usual logistical hassles. June 7 and 8 brings the peak of the two-week World Pride celebration with two days of mass gatherings — a parade on Saturday and a rally and protest March Sunday. Both days culminate in a giant street party and concert covering a multi-block stretch of Pennsylvania Avenue. Then as cleanup from World Pride wraps up, preparations will begin for the much-hyped June 14 military parade to celebrate the 250th birthday of the U.S. Army (and the 79th birthday of a certain White House resident). And while D.C. officials can claim they have seen it all before in terms of mass events, June 14 will present some genuinely unique challenges — actual 60-ton M1 Abrams battle tanks and Paladin self-propelled howitzers rolling through the city streets. The cost of potential repairs is a concern D.C. Mayor Muriel Bowser, who has gone out of her way to stay on the good side of President Donald Trump, has not disguised her discomfort at the prospect of armored vehicles chewing up the downtown asphalt. And she is still openly leery, despite assurances from the military that it will cover the costs of all repairs, and a plan to install protective plates at intersections. 'I think that there has been time and attention paid to how to move this heavy equipment in a way that doesn't hurt (roads),' Bowser said last week. 'I remain concerned about it. If they are rendered unusable, we have to make them usable and then go seek our money from the feds.' For each of these high-profile weekends, police and security officials are on alert for any sort of counterprotest or attempts to disrupt the proceedings. Trump's campaign against transgender protections and oft-stated antipathy for drag shows have fueled fears of violence against World Pride participants; at one point earlier this spring, rumors circulated that the Proud Boys were planning to disrupt this weekend's celebrations. Those fears have proven to be unfounded so far, although one D.C. queer bar was vandalized last week. With those fears in mind, organizers will install security fencing around the entire two-day street party. 'We wanted to provide some extra safety measures (based on) concerns from some people in the community,' said Ryan Bos, executive director of the Capital Pride Alliance. The bi-annual World Pride has, in the past, drawn as many as 1 million visitors to its host city. It remains to be seen just how large the final influx will be for the nation's capital. Early hotel reservation numbers had indicated that attendance would be down somewhat, a possible result of international participants staying away out of either fear of harassment or in protest of Trump's policies. But Elliott Ferguson, president of Destination D.C. — which tracks hotel reservations — told reporters last week they were witnessing 'a surge at the last minute' of people coming in for the final World Pride weekend. Protests planned for military parade The military parade, meanwhile, is expected to draw as many as 200,000 people, according to Army estimates. A large counterprotest against Trump — dubbed the No Kings rally — will march down 16th Street to within sight of the White House but isn't expected to get close enough to the military parade to disrupt things. Lindsey Appiah, the deputy mayor for public safety, acknowledges that longstanding plans for the Army's 250th birthday 'got a lot bigger on short notice' when Trump got involved. 'You have to be very flexible, very nimble. Things change and you have plans and then those plans change,' she said. 'I think we've really learned to do that.' Appiah points out an example of the District's capabilities from early this year, when the city hosted the congressional certification of Trump's electoral win, the state funeral for former President Jimmy Carter and then Trump's inauguration on Jan. 20 — all in the span of two weeks and in the midst of a huge winter storm . D.C. officials also point out that the logistical challenge facing the capital city doesn't actually end on June 14. The military parade will be followed by three matches for the FIFA Club World Cup starting on June 18 and running through June 26, which will then roll straight into preparations for the traditional July 4 fireworks extravaganza. Clint Osborn, head of the city's Homeland Security and Emergency Management Agency, said the summer planning schedule 'feels like Super Bowl after Super Bowl after Super Bowl.' Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
Chicago Tribune
17 minutes ago
- Chicago Tribune
Jane S. Smith: The reckless extremism seen ‘Good Night, and Good Luck' is once again targeting ordinary people
Twenty years after his successful film 'Good Night, and Good Luck,″ George Clooney has revived his drama of celebrated journalist Edward R. Murrow's battle against Joseph McCarthy-era political injustices. The staged version, which also takes its name from Murrow's signature ending to broadcasts, is the first play to bring in over $4 million in a single week. On Saturday, June 7, Clooney's final performance on Broadway will be broadcast on CNN, reminding much larger audiences of how hard — and how necessary — it is to push back against false accusations and the chilling anxiety they create. Sadly, the reckless political extremism of mid-20th century America is also having a revival. Scientists, government workers, librarians, court officials, athletes, legal immigrants and many other ordinary people doing their jobs and going about their lives have suddenly been told they are part of a sewer, a deep state, a criminal population, or simply so inessential that their life's work should be abandoned, right now. Two of the least powerful groups threatened by the current climate of repression are public school teachers and their students, children who may never even realize what they have been kept from learning. Their plight lacks the drama of deportations or the sudden shuttering of lifesaving, world-preserving scientific programs, but the damage is as great. For several years, I have researched the almost-forgotten teacher purges of the 1950s, with particular attention to New York City, the largest school system in the United States, where a special office was devoted to investigating teachers for allegedly subversive actions — which could include watching a parade, signing a petition, or simply reading the wrong newspaper, as well as belonging to unions or other professional organizations that had other members who were under suspicion. Long after everyone who could tell me about it was dead, I discovered that one of those blacklisted public-school teachers was my own father. Forced out of his job the same year as Milo Radulovich, the Air Force Reserve officer whose firing inspired Murrow's crusade and Clooney's play, my father was not around to see either the film or the stage versions of 'Good Night, and Good Luck'. Instead, he lived out its story in real time. Like thousands of other teachers, from kindergarten to college, he was called in by investigators on the flimsiest of evidence, in a hidden proceeding whose records are still shrouded in secrecy. The only way he could keep his job was by naming other possible suspects, offering up fresh victims for the professional hunters of supposed communist sympathizers. No proof was required — the simple act of betraying others was taken as confirmation of loyalty to the political system of the day. Instead, my father resigned, joining a large company of blacklist victims whose stories are still very hard to uncover. Radulovich, whose treatment inspired 'Good Night, and Good Luck,' was another ordinary person forced out of his job by shadowy claims of associating with communist sympathizers. Powerless to fight the forces aligned against him, he had the good luck to find a champion, Murrow, who could expose the self-serving fabrications of his accusers. Murrow, in turn, had the luck to persuade his network bosses that they should have the courage to air his story. The teachers who were blacklisted in the 1950s were not so lucky. They were left to fend for themselves, unable to do the work for which they had trained, largely forgotten by history. Most survived, but all were scarred by the ordeal. The school systems that worked so hard to impose conformity also suffered, and so did the students. Today, teachers, librarians, scientists, judges and other ordinary people who work hard to make our nation a place of wisdom and justice are again attacked for chillingly nonsensical reasons. They are threatened with violence, imprisonment, or simply barred from doing their jobs, creating a tragic loss of expertise. Once again, government is trying to silence the journalists who report on government oppression, aggressively excluding reporters from courtrooms and government chambers, trying to control the record of what is happening. As we watch 'Good Night, and Good Luck,' we should applaud the courageous journalists who helped bring down McCarthy and other tyrants of his era and give thanks for the people who continue to expose injustice today. Let us also take time to remember all the unrecorded victims, past and present. They will need all the good luck they can get. So will we all.
