An Afghan widow alleges in a new lawsuit that National Geographic and others played a critical role in her late husband’s torture and eventual death at the hands of the Taliban in war-torn Afghanistan.
The wrongful death lawsuit was filed in Los Angeles Superior Court on April 24. In it, the widow of 25-year-old Omar Khan names Los Angeles-based National Geographic, Disney, Hulu, and others as defendants and accuses them of neglect, wrongful death, and unfair business practices.
The lawsuit contends that Khan “died as a result of being identified through the film” and that the defendants exploited Khan “for commercial gain while knowingly placing him in grave danger”.
At the heart of the complaint is Retrograde, the award-winning documentary. Director Matthew Heineman captures a raw, boots-on-the-ground experience that showcases the aftermath of the U.S. end of its 20-year presence in the country. Leading up to the U.S. departure from the country was a chaotic scene that gripped the world.
Reports detail that after the documentary aired, clips began to surface online of Khan, a minesweeper who worked alongside the Green Berets in his region. In 2023, Taliban officials used the footage of the documentary to locate and kidnap Khan. Over the next two weeks, Khan would be beaten and drowned by Taliban members before being released. He would eventually succumb to his injuries.
According to a transcript of an interview with Khan after he was released from the Taliban’s custody, the documentary helped the Taliban narrow down Khan’s location. The 1208 Foundation is an organization that helps evacuate Afghan nationals who supported U.S. forces in Afghanistan during the war. A conversation that happened between a former Special Forces interpreter for the organization and Khan sheds light on how Khan was targeted by the military and what he endured.
“They found me through the Retrograde movie and are still asking of me from villagers and my family members,” Khan explained. He says that Taliban members showed him clips of himself in the movie and accused him of working with U.S. forces to go against the Taliban.
Khan leaves behind a wife and a child, both of whom were safely evacuated out of the country, as has happened with many other Afghan nationals and their families who helped support U.S. troops during the war.
In the lawsuit, Khan’s widow is seeking unspecified damages against National Geographic and other partners, including Disney, who helped bring the film to life.
The documentary was available on several platforms, but after a report from The Washington Post last year that explored whether the film put Afghan subjects at risk, the documentary was removed from Disney+ and Hulu.
The film’s producer, Caitlin McNally, issued a statement that explained in part, “The U.S. government’s precipitous withdrawal from Afghanistan and the vengeful actions of the Taliban upon taking power — armed with detailed information identifying Afghans who worked with the U.S. government — led to the deaths of countless partners left behind.” McNally went on to push back against any blame the film had on Khan’s torture and ultimate death. “Any attempt to blame Retrograde because the film showed faces of individuals in war zones — as has long been standard in ethical conflict reporting — would be deeply wrong.”
McNally points out that the U.S. military approved the film for release and that both the Green Berets and military public affairs officers agreed that the movie could move forward for public viewing.
Attorneys representing Omar’s estate explain that the defendants had a duty to protect the safety of Afghan nationals who were displayed in the film.
“Military personnel warned defendants about safety concerns regarding the identities of individuals who had assisted US operations appearing in the film,” the lawsuit explains. “Despite these warnings, defendants did not take appropriate measures to protect the identities of individuals appearing in the film.”