Did a Nat Geo Doc Lead to the Death of an Afghan Who Helped the U.S.? Man’s Family Sues Disney

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Approximately midnight on a chilly winter’s eve in 2023, Omar – a 21-year-old mine sweeper from an Afghan team assigned to safeguard Green Berets in that area – was awakened by a knock at his door.

A younger brother, eight years his junior, enquired about the identity of someone. “The Taliban,” a man on the opposite side of the gate replied, clad in traditional Afghan clothing, as relayed by an interpreter’s account to The Hollywood Reporter, detailing Omar’s narrative of the incident.

Or simply:

A younger brother asked who it was. “The Taliban,” a man on the other side of the gate replied, wearing traditional Afghan clothes, according to an account by an interpreter to The Hollywood Reporter from Omar’s story of the event.

Omar was temporarily sightless and apprehended. For over two weeks, he failed to reappear. When he was eventually discovered, he was battered and marked by injuries sustained from beatings and near-drownings, causing him to frequently lose and regain consciousness.

Or, in a more concise form:

Omar, who was momentarily blind, was arrested and didn’t show up for over two weeks. Upon his return, he was found bruised and bloodied due to beatings and near-drownings that made him in and out of consciousness.

In the 2022 documentary “Retrograde” by Matthew Heineman, Taliban forces managed to locate Omar, who was featured in a scene as a member of the National Mine Reduction Group (NMRG). The camera focuses intently on him, capturing his anxiety about being pursued when he re-enters civilian life. This tense moment from the documentary gained significant traction on TikTok within Afghanistan.

They “screened the movie ‘Retrograde’ for me and mentioned that you had collaborated with foreign forces, as well as having a role in the film,” Omar stated, as reported by a former Special Forces Interpreter who worked for the 1208 Foundation, an organization dedicated to evacuating Afghans who had been demining for U.S. forces in the area. “They discovered me through ‘Retrograde’ and continue to inquire about me from villagers and my relatives.

Omar’s physical examination revealed that his ribs were fractured and lungs weren’t functioning properly, along with other internal wounds. He was transported over the border into Pakistan, where he underwent four surgical procedures. Approximately a month after his return to Afghanistan, he was re-arrested and brutally killed.

Omar’s family, his wife and child, have been safely relocated from Afghanistan to another country due to concerns about Taliban retaliation. Now, they are taking legal action against the creators and distributors of the documentary, which includes Disney and National Geographic, claiming that their actions led to the tragedy.

A legal claim was submitted to the Los Angeles Superior Court on April 24, charging wrongful death, negligence, and unethical business practices. This lawsuit accuses the producers and distributors of a documentary of taking advantage of Omar’s identity for financial gain, while recklessly endangering him, and not following standard safety protocols in documentary filming, particularly in war zones. The claimant seeks undisclosed compensation and includes National Geographic, one of the co-producers, in the lawsuit along with Disney, Picturehouse, and Our Time Projects, the production company owned by the documentary’s director, as defendants.

The documentary titled “Retrograde” chronicles the last nine months of America’s 20-year war in Afghanistan. This piece was taken down from National Geographic’s platforms last year after concerns arose about its potential to endanger some of its subjects following an investigation by The Washington Post. It is no longer available on Disney+ or Hulu. In addition, the Radio Television Digital News Association revoked a prestigious journalism award it had previously given to this documentary, stating that they received new information regarding the filmmaking process after the publication of The Washington Post’s article.

As a passionate viewer, I can’t help but express my concern over the heart-wrenching events unfolding in Afghanistan. In response to the hasty exit of the U.S. government and the retaliatory actions of the Taliban towards those who worked with them, countless lives have been lost. This is a narrative that demands our focus, as it encapsulates the sorrowful reality of war.

However, to cast blame on the film ‘Retrograde’ for showcasing faces of individuals in conflict zones would be grossly unjust. Such depictions have been a part of ethical reporting in conflicts for a long time, and to suggest otherwise would be fundamentally misguided.

They’ve mentioned that the U.S. military has given the green light for the movie to be shown – a move that might involve the safety of Afghan contractors, but not its soldiers directly. According to them, both the military public relations officers and the Green Berets have endorsed the final cut of the film, which features members of NMRG, as reported to the Post.

Theodore Boutrous Jr., a First Amendment lawyer who represents the duo, declined to comment.

THR, who had been holding onto this particular story until the safe evacuation of Omar’s family from Afghanistan, has attempted to get a response from Disney, National Geographic, and Our Time Projects regarding the matter.

Prior to the airing of the documentary, Heineman and McNally received repeated warnings from U.S. military personnel, including former Green Berets, that the mine-clearers could be put in danger if they were featured in Retrograde. This information was shared by Thomas Kasza and an anonymous active U.S. military member, who runs the 1208 Foundation and had assisted in evacuating Omar’s family from Afghanistan. They requested that the faces of NMRG personnel be pixelated but encountered opposition.

Retrograde was “pretty much a Hollywood hit list” for the Taliban, Kasza says.

Before the documentary was set to be released in 2022, McNally expressed her worries about an Afghan man featured in the film, as reported by THR after reviewing texts. She messaged Dave stating they had been trying for weeks but hadn’t managed to get him out of danger, and now she believed he was definitely in peril due to his involvement in the production.

9 individuals featured in the documentary continue to stay hidden, as reported by the organization. One of them left for Iran following its premiere, but was sent back shortly afterward.

The core issue in this lawsuit revolves around accusations that the creators of ‘Retrograde’ disregarded the safety of Afghan mine sweepers, whose identities were exposed during filming. Additionally, it raises concerns about unethical business practices, suggesting that producers didn’t secure Omar’s consent to use his likeness and personal information without a valid release. Furthermore, it alleges that they falsely marketed the documentary as a “responsible portrayal of Afghanistan withdrawal,” while aware that it could potentially put at risk those featured in the film.

John Uustal, a partner at Kelley Uustal, points out that Disney’s actions in this case make the tragedy even more heart-wrenching,” he says, as they filed the lawsuit for the estate of Omar and Disney failed to request face blurring or aid with evacuation efforts, which is their role as a giant in the entertainment industry.

Kasza and Dave argue that Disney had the ability to help evacuate mine-sweepers at risk of Taliban reprisals, but they decided against it. They point out that Disney did assist in securing the safe departure of around 300 Afghan cast and crew who worked on the TV show “Homeland,” which was produced by Fox’s television division, back in 2021 by writing endorsement letters for them.

Dave adds: “Heineman argues that the expressions of despair convey the narrative. I won’t dispute that, but if these expressions are being utilized to produce a documentary for added accolades and recognition, it doesn’t make it ethically sound.

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2025-05-06 19:56