Chris Hayes and Ari Melber, the hosts, committed defamation when they made the statements on-air, Brandon Straka says in the new complaint.

Straka, a Democrat-turned-Republican, pleaded guilty to disorderly conduct. In exchange, a slew of other charges were dropped, including impeding a law enforcement officer during a civil disorder.

Hayes, on his MSNBC show on Dec. 17, 2021, claimed that many people associated with former President Donald Trump "appear to have been smart enough not to commit the Federal crime of storming the Capitol live on television."

"Brandon Straka is the exception," Hayes said.

Hayes also quoted Straka as saying during the tumult at the Capitol, "Take it away from him. Take the shield!" And Hayes also claimed that Straka had broken into the Capitol.

The statements are false because Straka did not commit the federal crime of storming the Capitol, did not utter the supposed quotation, and never entered the Capitol building, the new defamation complaint states.

The evidence to support the case includes a statement of offense from an FBI agent, which says clearly states that Straka was on Capitol grounds but did not enter the Capitol. The plea agreement also says Straka was on Capitol grounds but does not say he went inside the building.

"Comparing the Hayes Statements to the truth, it is beyond peradventure that the Statements are materially false," Straka's complaint states.