Zachary Young, a U.S. Navy veteran who coordinated rescue efforts during the 2021 Afghanistan withdrawal, is pursuing a $500 million defamation lawsuit against the Associated Press (AP), as reported by Fox News. Young alleges that an AP article published earlier this year falsely accused him of engaging in criminal conduct by using the term “smuggle” to describe his work evacuating Afghan civilians during the Taliban’s rapid takeover.
Young’s company, Nemex Enterprises, played a key role in rescuing at-risk Afghan civilians during the chaotic U.S. withdrawal. While the evacuations required significant logistical costs, Young contends that these expenses were fully covered by corporate and nonprofit sponsors, including Bloomberg and Audible, rather than by the refugees themselves.
The dispute centers on an AP article by media reporter David Bauder, which stated that Young’s business “helped smuggle people out of Afghanistan.” According to Young’s attorney, Daniel Lustig, this language implies criminal wrongdoing and contradicts prior legal findings. In January, Young successfully sued CNN for defamation over similar allegations that he operated within a “black market” of refugee extractions. Young claimed the story CNN wrote “ruined his career and life.” That trial concluded with a Florida jury awarding Young $5 million in damages, with potential punitive damages still pending.
In Monday’s legal filings, Young’s attorneys opposed the AP’s motion to dismiss the suit, asserting that the AP’s use of “smuggle” was not merely descriptive but falsely portrayed Young’s actions as illegal. Lustig noted that the AP’s own style guidelines define “smuggling” as criminal activity, and that numerous AP articles consistently use the term in this context. Furthermore, he argued that the AP’s refusal to correct or retract the statement after being notified of the error further underscores the defamatory nature of the reporting.
In its defense, the AP contends that the term, in context, was not defamatory and that the lawsuit challenges the outlet’s fundamental free speech rights. However, Young’s team has countered that this position essentially concedes the defamatory potential of the term, shifting the question to a jury rather than allowing it to be dismissed outright. Under Florida law, when a statement is reasonably capable of a defamatory interpretation, it is typically a matter for a jury to decide.
Beyond seeking a retraction and damages, Young’s attorneys have also filed to amend the complaint to include punitive damages. They argue that the AP’s conduct, particularly in persisting with the characterization despite court findings that Young had committed no crime, demonstrates “consciously indifferent” behavior that merits further sanction to deter similar future conduct by media organizations.
The first hearing in the defamation suit was held Tuesday before Judge William S. Henry in the 14th Judicial Circuit Court, who also presided over Young’s previous case against CNN. Conducted via Zoom, the Case Management Conference largely focused on procedural matters and gave each side an opportunity to present arguments regarding the motions to dismiss and amend the complaint. Judge Henry has scheduled a follow-up hearing for July 3, during which he is expected to rule on these key issues.
The Associated Press has characterized Young’s lawsuit as “frivolous,” maintaining that its reporting was within the bounds of legitimate newsgathering and commentary. Nonetheless, Young and his legal team argue that the mischaracterization has had serious personal and professional consequences, tarnishing his reputation and hindering his security work. The case’s outcome could have broader implications for media accountability and the use of language in reporting on sensitive topics, especially where the term “smuggling” suggests criminal conduct against the backdrop of humanitarian efforts.
