After the tragic mid-air crash over the Potomac of American Airlines flight 5342 last January, there was a rush to figure out exactly what happened. And the internet did what it does – making accusations, declaring certainty, before the NTSB even has much data.
One woman was blamed for it all online and she’s suing because she had nothing to do with it.
Jo Ellis, a transgender Black Hawk pilot, sued Matt Wallace for defamation claiming he singled her out and targeted her as responsible. He tried to get it thrown out, failed, and appealed. His anti-SLAPP motion was just denied.
After American Eagle 5342 collided with an Army UH-60L Black Hawk, killing all 67 people onboard, Wallace singled her out as responsible to his 2.3 million Twitter followers.
MY BROTHER @JackWallace888 JUST FOUND OUT THE HELICOPTER PILOT WAS A TRANSGENDER … THEY AREN’T GOING TO BE ABLE TO HIDE THIS MUCH LONGER.
Wallace then posted that the “transgender Helicopter pilot who allegedly crashed into the plane” was converting to Judaism, and that a “transgender Black Hawk helicopter pilot” had written about gender dysphoria and depression one day before the crash, adding that what happened “may have been another trans terror attack.” That post received 4.8 million views.
Meanwhile she is very much still alive. And she was 100 miles away at the time. She also wasn’t in the U.S> Army anyway (she Virginia Army National Guard Black Hawk pilot, not affiliated with the Fort Belvoir unit operating the Black Hawk involved in the incident.)
Ellis became the second-most trending topic on X, with more than 90,000 posts mentioning her name or likeness. In total, she says Wallace’s campaign reached more than 18 million people and triggered threats. And she says it’s actual malice.
- He had no first-hand knowledge or reliable source
- He used her photo
- He failed to investigate, then deleted or changed posts , and blamed other users after being corrected.
Meanwhile, Wallace filed a counterclaim alleging she’s defamed him through her statements about the case on podcasts and in her stand-up comedy. (She replies that her statements were not materially false and were not made with actual malice.)
Wallace’s claim that Ellis was the crash pilot is false. His suggestion that she was engaged in a “terror attack” is another problem.
This was an issue of public concern, so she has to provide not just that the claims wree false but also ‘actual malice’ by clear and convincing evidence. And Wallace will say he was reacting to chaotic breaking news, relied on other posts, used terms like “allegedly” or “may have been,” and corrected once she posted proof of life. Working against this are lacking a reliable source or investigation.
Important update! Jo Ellis is a Black Hawk helicopter pilot for the military and did write an article about his “journey” as a transgender in the military. However, he was not piloting the helicopter that crashed in to the plane and is still alive. https://t.co/pN8gsvYe1h
— Matt Wallace (@MattWallace888) January 31, 2025
If Wallace was just posting opinion and hyperbole that would be another matter – he’ll argue “may have been another trans terror attack” was speculation (‘may have been’) not a factual assertion and that he was only repeated what others were saying.
JUST FOUND THIS OUT….The pilot of the Black Hawk has been identified as Chief Warrant Officer 2 (CW2) Jo Ellis, a transgender woman.
Jo Ellis served in the Virginia National Guard for 15 years and transitioned while serving as a pilot. Jo has been making radicalized anti-Trump… pic.twitter.com/2fotLX13UY
— American Citizen 🇺🇸 (@realtalkstruth) January 31, 2025
WHAT? The helicopter pilot was a transgender & was on a radio show the day before?
Helicopter pilot confirmed twice…
Was it murder? https://t.co/T3CnxUJli1
— Janie Johnson – America is Exceptional (@jjauthor) January 31, 2025
Even if there’s liability, he probably isn’t the only cause of reputational harm here – the internet mob shares in the blame and that could reduce his liability.
Ultimately, there was a rush to judgment after the Potomac crash between the American Airlines regional jet coming in from Wichita and the military Black Hawk helicopter. Identifying the pilot as transgender fit a political narrative, blaming terrible consequences on woke wars and DEI. That turned out to be very wrong. It’s more a story of military run among over civilian aviation and a known risk not gaining important attention until it was too late.
I’ll leave to others who are far more knowledgeable than I am to debate the merits of transgender issues as they relate to the military. I don’t think the military should be a social tool. It should be an effective fighting force. But that should be judged in the long-run for the best interests of the country. I don’t think many would dispute that the U.S. military is much better off today because of racial integration. What that means for this issue? I do not know. But this case shows that facts matter for anyone seeking answers to important questions in good faith.
Lawyer here. Actual malice is only required for public figures, which she is not, “public concern” doesn’t matter.
I’m not sure how much she’s going to get out of an “influencer.” Most “influencers” are not making much more than some middle level manager (low six figures) despite the fake appearance they are rolling in it.
I’m not a lawyer so I’ll assume Ian is correct, given the tremendous amount of false claims being made on the internet what he says sounds reasonable…..look at Trump, immediately after the crash he called a press conference….I thought good, he’s going to show some humanity and compassion like Presidents normally do in such situations…….he didn’t, he falsely claimed DEI was to blame just because the pilot getting a check ride was female. I can’t imagine how the pilots parents must have felt. Trump has set a tone in this country for people to point fingers and make any claim they want if it serves their purpose, truth and reality are secondary considerations , if they are considered at all……
Speaking of trains, it seems Brightline is struggling… might join Spirit in bankruptcy soon, too.
Oh… trans. Garsh. Thought we’d be talking about something more relevant to the transportation industry.
Let lawsuits play out. Maybe results in a settlement. Lawyers get paid regardless. Yippie…
The actual pilot of the Black Hawk was Capt. Rebecca Lobach who was alleged to be somewhat inexperienced for such a mission. This is, obviously, debatable. Whether she was a “DEI” appointment is also debatable. But, these are also the debates that I have been aware of for quite some time since the accident. I’d never ever heard of this transgender induvudual having anything to do with what happened.
For an “influencer” to smear an individual (who is clearly ALIVE, btw) without doing the simplest bit of research is so stupid that the guy deserves to get obliterated in court.
@Ian – Let me offer that I am not an expert in this area, but I should have been a little more careful and clear about Colorado law being what’s relevant here. See, for instance, Anderson v. Senthilnathan https://law.justia.com/cases/colorado/court-of-appeals/2023/22ca0858.html
“When the defamatory statement involves a matter of public concern, the plaintiff faces heightened standards:
1. The plaintiff must prove the statement’s falsity by clear and convincing evidence, rather
than by a mere preponderance.
2. The plaintiff must prove by clear and convincing evidence that the speaker published the statement[] with actual malice.
3. The plaintiff must establish actual damages, even if the statement is defamatory per se.”
Now, this case involves a politician. But it cites LSS v. SAP (https://law.justia.com/cases/colorado/court-of-appeals/2022/21ca0853.html) which involves private individuals, and says that “If a statement concerns a public figure or a matter of public concern,” the heightened standards apply.
I’ll leave it to others to debate the law. After such a tragic accident, perhaps it’s just more humane to not stir the pot and rile an already grieving community.