Judge reprimands CNN's lead lawyer, demands apology to plaintiff: "This isn't daycare"
Judge Henry advises David Axelrod to offer an apology.
On Wednesday, William Henry, the judge presiding over the ongoing defamation trial, ordered CNN's lead counsel to apologize to plaintiff Zachary Young for repeatedly calling him a "liar" and losing all credibility in the courtroom.
Judge Henry remarked, "This isn't kindergarten. You've moved on from kindergarten a long time ago."
A Navy veteran named Young claims that CNN falsely accused him of profiting illegally when he helped people flee Afghanistan during the Biden administration's withdrawal in 2021. Young believes that CNN damaged his reputation and business by branding him as an illegal profiteer who exploited "desperate Afghans" in a November 2021 segment.
On Wednesday, Judge Henry was informed by Young's lead counsel, Vel Freedman, that his client had recently lost his security clearance, which had been renewed following the CNN report. The CNN legal team had previously argued that Young's ability to maintain security clearance proved he lied about being able to work after the CNN segment.
Young discovered that he lost his security clearance in 2022 after testifying, prompting Freedman to seek a witness from Helios Global to inform jurors that the relationship with Young's security clearance provider had "dissolved" in 2022.
David Axelrod, the CNN lead counsel, opposed the last-minute attempt. Nevertheless, Freedman maintained that the "jury should not be deceived" and asserted that Bay County jurors believed Young still possessed a security clearance.
Judge Henry criticized CNN's legal team for "blatantly misrepresenting" the security clearance document as an employment contract, while Axelrod maintained that he did not deceive the jury.
Henry read aloud Axelrod's comments from last week, in which he labeled the lawsuit a "fraud" and claimed Young had "lied" about earning income after the CNN report.
Judge Henry stated, "He was labeled a liar several times in that courtroom."
Judge Henry appeared irritated when Axelrod used the security clearance document to claim Young was a "liar," but later objected to a witness who could clarify that Young did not possess the clearance. Freedman revealed that CNN was aware Young no longer had clearance but failed to inform the court.
"Freedman stated that CNN was aware of the relationship's termination, knew that Mr. Young was unaware of it, had evidence to prove it, but failed to disclose it to the other side before putting an expert on the stand to claim they still had it."
As occurred last week, Judge Henry paused the proceedings to reflect before scolding Axelrod upon his return.
Judge Henry stated, "I believe I made comments during the course of this case regarding the conduct of counsel, the unexpected nature of everything, and how it was a last-minute matter. It is ironic that discovery is being conducted simultaneously with a motion to quash, which argues that the plaintiffs are violating the rules by issuing trial subpoenas while the defense is doing the same thing."
The court has received representations stating that our actions were merely coincidental, but in reality, we were engaging in the same behavior as the plaintiffs by sending a trial subpoena for documents without prior notice to the other party. Furthermore, CNN's legal team has been inconsistent in their stance on the significance of the security clearance document.
Henry stated that CNN's legal team attempted to utilize the document to demonstrate Young's lack of earnings in his field after the CNN segment, and there was no chance he would have admitted it if he had been aware that discovery had been conducted past the deadline.
Judge Henry stated, "Mr. Axelrod, I am unaware of the number of times in this transcript that I failed to return the paper, or the number of times you accused Mr. Young of being a liar. However, in his deposition, Mr. Young admitted to having his security held by Helios Global, which is precisely what the document states and what he testified to."
The judge stated that an apology from you to Mr. Young is necessary, given that you have called him a liar multiple times in front of this court and broadcasted it globally.
Axelrod was reminded by Judge Henry that he had previously stated that he wouldn't make a decision based on "who can throw the most dirt" or who could make the other party look bad.
Judge Henry then ruled that the Helios Global representative was permitted to testify.
Judge Henry expressed concern about the professionalism level, stating that both sides were responsible.
Axelrod initially suggested that the document was a crucial piece of evidence in the case, but later changed his stance to support his argument.
"Currently, your trustworthiness with me, Judge Henry, is minimal," Mr. Axelrod stated.
Axelrod then apologized.
Axelrod said, "I apologize, and if you believe I misled you, that was not my intention."
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