A man from Virginia, who acknowledged his involvement in the January 6, 2021, Capitol riot, has requested a default judgment against CNN in a defamation lawsuit.
Defamation Battle
Jacob Hiles, a charter boat captain based in Virginia Beach, admitted guilt to a misdemeanor for his actions in the Capitol building in September 2021. He received a sentence of two years probation and 60 hours of community service in December 2021.
Rioter vs. CNN
Hiles initiated a lawsuit against CNN, claiming the network defamed him in an October 15, 2021 article, which focused on the indictment of a Capitol Police officer, Michael Angelo Riley.
Facebook Videos and Photos
The officer, who was convicted of obstruction of justice and given two years probation and four months of home detention, allegedly advised Hiles to delete his Facebook posts.
‘Feelin cute…might start a revolution’
The focus of the article later transitions to Hiles, under the subheading “Man wanted to start ‘a revolution’ on January 6.” An FBI affidavit cites that Hiles posted several videos and photos on Facebook during the Capitol riot by allies of then-President Trump, including a selfie that morning captioned: “Feelin cute…might start a revolution later.”
From $37M to $100M
Hiles’ lawsuit argues that the subheading and article content defamed him by falsely implying he engaged in felonious criminal activity, which he was neither charged with nor convicted of. Hiles was initially seeking $37 million in compensatory damages but is now seeking $100 million.
Legal Strike Against CNN
Recently, Hiles’ lawyers, in a filing with the Eastern District of Virginia’s District Court, requested a default judgment against CNN, claiming the network’s legal team has failed to meet legal obligations and hasn’t communicated with them for months.
Against Dismissal Motion
The filing reveals that on August 28, 2023, CNN moved to dismiss Hiles’ amended lawsuit. Following this, Hiles’ legal team responded on September 11, urging the court to reject CNN’s motion.
Rule 7(E) Controversy
CNN’s attorneys then submitted a further reply backing their motion to dismiss. However, Hiles’ lawyers argue that CNN has not adhered to Virginia Local Rule 7(E).
CNN’s Potential Slip
The rule in question mandates that CNN should have arranged a hearing for their motion or agreed to submit it without oral argument within 30 days of their initial filing. Additionally, it stipulates that CNN should have engaged in a good-faith meeting or call with Hiles’ counsel to try and resolve the disagreements.
Compliance Questioned
The filing accuses CNN’s attorneys of failing to fulfill any obligations set by Local Rule 7(E), even though over 140 days have elapsed since the motion was filed. The complaint further states that CNN’s legal team hasn’t communicated with Hiles’ attorneys since filing the motion, which was nearly five months ago.
Motion ‘is deemed withdrawn’
Due to this non-compliance with the rule’s meet and confer requirements and the scheduling process, the motion is considered withdrawn, and CNN is in default, according to the filing. Consequently, Hiles is formally requesting the court clerk to record a default against CNN.
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