Jacob Hiles, a charter boat captain from Virginia Beach, has sought a default judgment in his defamation lawsuit against CNN.
A Defamation Showdown
Hiles, who entered the U.S. Capitol on January 6, 2021, and later pleaded guilty to a misdemeanor, sued CNN for defamation based on an article they published on October 15, 2021.
CNN’s Article Under Legal Scrutiny
Having received a sentence of two years probation and 60 hours community service in December 2021, Hiles claims CNN’s article, headlined “US Capitol Police officer indicted on obstruction of justice charges in connection with January 6,” falsely defamed him.
Unpacking Controversial Article
The CNN article in question initially covered the indictment of Michael Angelo Riley, a Capitol Police officer convicted of obstruction of justice, for advising Hiles to delete his Facebook posts. The focus then shifted to Jacob Hiles, under a subheading claiming he wanted to start a revolution on January 6.
‘Cute’ Social Media Selfie
Hiles, who posted on Facebook during the Capitol breach, including a selfie captioned “Feelin cute…might start a revolution later,” alleges in his lawsuit that the article defamed him.
Multi-Million Dollar Lawsuit
He argues it falsely implicated him in serious crimes he was neither charged with nor convicted of. Initially seeking $37 million, Hiles has now raised his claim for damages to $100 million.
Push for Court Action
On Sunday, attorneys for Jacob Hiles reiterated their call for Judge Arenda Wright Allen, appointed by former President Barack Obama, to issue a default judgment against CNN. This type of judgment is issued when a defendant fails to respond to a court summons or is absent from court.
Legal Allegations Against CNN
Hiles’ legal team initially requested this in an earlier filing, accusing CNN’s lawyers of not adhering to Virginia Local Rule 7(E), which mandates setting a hearing or arranging a non-oral argument submission within 30 days of filing a motion.
Legal Rule 7(E)
Jacob Hiles’ attorneys, in their recent court submission, allege that CNN’s legal representatives have “not satisfied any of the requirements imposed by Local Rule 7(E) despite more than 140 days having passed from the date” since their motion was filed.
CNN Fights Back
CNN’s legal team countered, stating that their motion to dismiss Hiles’ amended complaint was filed promptly, thus negating the need for a default judgment.
“CNN timely moved to dismiss Hiles’s Amended Complaint and that motion has not been withdrawn under the Local Rules and this Court’s Procedure for Civil Motions,” they wrote.
A Counterstatement
They added, “Moreover, even if the Clerk were to enter default, this Court should promptly set it aside given the ‘strong preference’ in this Circuit that ‘defaults be avoided and that claims and defenses be disposed of on their merits.'”
Alleged Courtroom Delay Tactics
In their latest submission to the Eastern District of Virginia’s District Court on Sunday, Jacob Hiles’ legal team accused CNN of engaging in “dilatory tactics,” a strategy where legal procedures are misused to slow down court proceedings.
Who’s to Blame?
Hiles’ lawyers allege that CNN’s legal team is trying “to blame the results of its own dilatory tactics and inattention on Plaintiff by further arguing that Plaintiff waived any right to enforce Local Rule 7(E) and cannot suddenly ‘ambush’ Defendant months later by requesting the clerk enter a default after Defendant continued to not participate in this litigation—and, by its own admission, did so intentionally,”
Lawyers Slam CNN’s Approach
They claimed that CNN’s lawyers spent “most” of their recent filing “attempting to paint Plaintiff in bad light and make it appear as though Plaintiff suffered no harm due to Defendant’s deliberate delay.”
CNN’s ‘Bad-Faith’ Strategy
In their latest statement, Jacob Hiles’ attorneys assert that CNN not only refuses to acknowledge the repercussions of their “bad-faith tactics,” but also fails to present any valid defense or evidence that could justify ‘good cause’ for the court to consider setting aside the impending default judgment.
Intentional Harm?
According to Hiles’ lawyers, the article’s ongoing availability on CNN’s website, frequented by a vast online audience, has significantly prejudiced Hiles.
This extended exposure during the case and its spread on other online platforms, they argue, means that CNN “knowingly caused this harm by deliberately sitting on the filing now at issue.”
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