Ray Epps, a January 6 protester who gained notoriety for his presence at the Capitol riot, is now facing federal charges and has taken legal action against Fox News and the federal government, claiming defamation.
Epps, a 62-year-old former US Marine from Arizona, made headlines when he was captured on video wearing a Trump hat and urging other protesters to enter the Capitol building during the protest against the outcome of the 2020 presidential election.
After being briefly added to the FBI’s list of wanted suspects, Epps was not charged with any crimes related to the riot.
However, he faced accusations from many conservatives, including former President Donald Trump, who claimed that he was a federal employee acting as a provocateur at the protest.
In response to the allegations, Epps has consistently denied any involvement with any federal agency.
On July 12, he took a significant step by filing a lawsuit in the Delaware Superior Court against Fox News and its former host Tucker Carlson, accusing them of defaming him by perpetuating the claim that he was a government agent.
“Fox repeatedly published defamatory falsehoods about Epps, including by broadcasting and rebroadcasting defamatory statements by Tucker Carlson—who devoted over two dozen segments to Epps—and by republishing those falsehoods across Fox’s websites, social media accounts, and subscription service platforms. Through this effort, Fox’s lies reached tens, if not hundreds, of millions of people outside of Fox’s regular viewership through further republication by others on social media,” the court document reads.
However, what truly raised eyebrows was a revelation made in the legal filing. Epps’s attorney disclosed that the Justice Department (DOJ) had recently informed his client of their intention to prosecute him for his role in the January 6 riot.
“Finally, in May 2023, the Department of Justice notified Epps that it would seek to charge him criminally for events on January 6, 2021—two-and-a-half years later. The relentless attacks by Fox and Mr. Carlson and the resulting political pressure likely resulted in the criminal charges,” the document added.
“Although it is difficult to believe that the Department of Justice would have pursued this matter if Fox had not focused its lies on Epps, ultimately the criminal charges conclusively demonstrate the falsehood of the story that Mr. Carlson and Fox told about Epps,” it continued.
The lawsuit itself does not provide specific details about the charges Epps may face, but video evidence from that day shows him actively encouraging others to enter the Capitol building. In one instance, he can be heard saying, “I’ll say it. We need to go into the Capitol.”
The lawsuit argues that the DOJ’s decision to prosecute Epps may have been influenced by the relentless attacks and accusations leveled against him by Fox News and Tucker Carlson.
FBI director Christopher Wray was questioned about Epps’s situation on July 12 but declined to discuss any potential prosecutions, stating, “I’m not willing to discuss people who are or are not going to be prosecuted.”
