CNN defamation trial: Journalist accused of misleading plaintiff about concealing fact in CNN story

In the high-stakes defamation trial, one of the CNN journalists was accused of "deceiving" the plaintiff by concealing their involvement in the story from the outset.

CNN is accused by U.S. Navy veteran Zachary Young of smearing him in a November 2021 report by correspondent Alex Marquardt that aired on "The Lead with Jake Tapper," suggesting he illegally profited off desperate people trying to flee Afghanistan following the Biden administration's military withdrawal, implying he was involved in "black market" dealings and ruining his professional reputation as a result.

Katie Bo Lillis, CNN's intelligence and national security correspondent, was the first to reach out to Young and kept her testimony a secret until Wednesday.

On Nov. 3, 2021, Young mistakenly believed Lillis was a prospective client after seeing her view his profile on LinkedIn. Lillis responded, "We're actually working on some reporting related to ongoing efforts to help at-risk Afghans out of the country and your name came up in a couple of conversations we've had recently. So I was hoping to ask you a little bit about your operation!"

Lillis did not mention that Young was always included in CNN's story, which was revealed in Marquardt's pitch email to his bosses on Oct. 28, 2021.

Lillis suggested they chat "a little off-the-record," to which Young replied, "Sure, if you agree I won't be named in any article."

"Unfortunately, Lillis couldn't guarantee the outcome in advance, but she still encouraged Young to have an off-the-record conversation. She explained that it would give him insight into the project and allow him to present his case for keeping his name out of it."

Lillis assured him that he was straightforward and would be honest about their current position.

Lillis and Marquardt were discussing with Young that their "cover" had been exposed.

"I arrived at the office. If the cover is blown, I suggest we handle it delicately and mention our coverage on evacuations," Marquardt stated that afternoon.

"Lillis said to her colleague, "Alas, I think our cover was blown when he made the initial outreach," to which her colleague replied, "So it goes.""

Lillis responded with a confident "100 percent" after Marquardt announced that he would be appearing on CNN.

Young attorney Kyle Roche repeatedly grilled Lillis during cross-examination.

Roche presented a visual timeline to the jurors, which revealed that Marquardt had told Lillis he wanted to film Young on camera, despite Lillis' initial claim that she only wanted to have a casual conversation with him.

Roche inquired, "Can you deceive Zak during this conversation? Can you lie to him? Can you mislead him?"

Lillis stated that she couldn't deceive him regarding her identity or the purpose of her contact.

Roche shot back, "You lie to him about other things?"

"Although I wouldn't lie to him, I can't deny it," Lillis replied.

Roche questioned whether employing a "cover" breached journalism ethics, and she asserted that assuming a "false identity" would be unethical.

Lillis stated that while the definition of "cover" as presented may be against the ethical rules of journalism, she does not believe that CNN reporters were misrepresenting themselves in the context of her messages.

Lillis laughed on the witness stand and suggested that "we don't have a cover," because the messages prove it was "blown." Roche pressed Lillis on whether using a "cover" is the "opposite of being a straight shooter."

Was Roche asking, "If your cover is blown, were you being truthful before that?"

Lillis confessed that she initially withheld some information from Young, but maintained that she never deceived him.

Lillis testified that she didn't make a literal statement that Young would wind up on CNN, despite other text messages showing her saying he would "100 percent" end up there.

"Did Lillis agree with Roche's interpretation of the "straight shooter" comment as a literal statement?"

At that time, Lillis didn't feel the need to inform Young that Marquardt wanted to film him immediately.

On Thursday, the trial resumed after jurors questioned Lillis about her behavior in attempting to make Young interact with CNN.