The widow of an Afghan man – whose lawyer says was tortured and killed by the Taliban after his identity was revealed in an Emmy-winning National Geographic documentary – has filed a wrongful death lawsuit against the filmmakers in Los Angeles.
Omar Khan — whose good looks earned him the nickname “Justin Bieber” — was among a group of Afghan mine-clearers who appeared in the film, “Retrograde.” The documentary, which chronicled the final chaotic months of America’s 20-year war in Afghanistan, debuted on National Geographic channel and Hulu in December 2022.
Soon after, a TikTok video circulated in Afghanistan showing scenes from the film and then Khan was seized by the Taliban and tortured for over two weeks, according to the widow’s lawyer, John Uustal, and two former Green Berets who remain in touch with other Afghans who were close to Khan.
He died of his injuries in April 2023 at the age of 25. His ordeal was detailed at a congressional hearing on the threat of Taliban reprisals in 2024, as well as in a Washington Post story that was published months later.
The lawsuit names as defendants several companies behind the film, including Disney, National Geographic and Hulu.
The film showed close-up images of Khan and other mine-clearers even though its director and producer had been warned that doing so would jeopardize their lives, according to the lawsuit and the two former Green Berets who spoke to NBC News.
“Military personnel warned defendants about safety concerns regarding the identities of individuals who had assisted U.S. operations appearing in the film,” says the suit, which was filed last month in Superior Court in Los Angeles.
“Despite these warnings, defendants did not take appropriate measures to protect the identities of individuals appearing in the film.”
Representatives for Disney, Nat Geo and Hulu did not immediately respond to requests for comment.
The director, Matthew Heineman, and producer, Caitlin McNally, also did not respond to requests for comment.
National Geographic had previously said in a statement to The Washington Post that it took down the film in “an abundance of caution.”
“We were devastated to learn of the death of one of those brave Afghans and our heart goes out not only to his family but to all those still in danger as they fight against a brutal terrorist organization,” it added.
Heineman and McNally told The Washington Post in a statement that they “have no recollection” of receiving specific warnings about the showing the Afghan bomb-clearers in the film. They called Khan’s death “a heartbreaking tragedy.”
The film won three Emmy awards in 2023, as well as an Edward R. Murrow Award for feature documentary. But it was pulled from its platforms last year after The Washington Post began inquiring about whether certain scenes may have placed some of the subjects in danger of retaliation.
“This man was a hero,” said the lawyer representing Khan’s family, Uustal of the Kelley | Uustal Law Firm in Fort Lauderdale, Florida. “He trusted that those documenting his bravery would take the most basic steps to protect his safety. But they didn’t even blur his face.”
Khan was part of a specially trained unit, known as the National Mine Reduction Group, tasked with identifying and disabling the insurgents’ weapon of choice against American soldiers: improvised explosive devices, or IEDs.
It was an exceptionally dangerous job that put the Afghans in harm’s way on a daily basis, said Dave Elliott, a former Green Beret.
“Special operations soldiers are often referred to as the tip of the spear,” Elliott said. “These guys were the tip of the tip.”
“I don’t know how many lives can be attributed to them,” added Elliott, “but it’s gotta be in the thousands, and that’s just U.S. forces.”
Elliott is now the deputy director of the nonprofit 1208 Foundation, which provides assistance to Afghans who worked with U.S. Special Forces.
The group’s executive director, Thomas Kasza, said there are still several Afghans whose faces were shown in the film and remain in danger in Afghanistan due to bureaucratic delays in a special visa program designed to help Afghans who worked with the U.S. military.
Kasza testified at a congressional hearing on the dangers of Taliban reprisals in January 2024. He urged lawmakers not to turn their backs on the Afghans who risked their lives for the U.S.
“As Retrograde became a hit in Hollywood, it became a hit list in Afghanistan,” Kasza told a subcommittee of the House Foreign Affairs Committee. “A hit list which the Taliban used to identify, abduct, torture and kill one who my organization pledged to protect: a [25]-year-old father named Omar.”
Kasza told the lawmakers that an Afghan member of his foundation spoke to Khan while the man was on his deathbed and recorded his account.
“When the Taliban had me, they showed me the ‘Retrograde’ movie and said you have worked with foreign forces and also worked in the movie,” Khan said, according to Kasza. “They found me through the ‘Retrograde’ movie and are still asking villagers and my family members about me.”
