Ray Epps — an Arizona man who was present in Washington., D.C., in Jan. 6, 2021, during the Capitol protest — filed a defamation suit against Fox News Wednesday.
The suit accuses Fox of falsely reporting he was working as an undercover agent for the federal government during the Capitol incursion.
“Just as Fox had focused on voting machine companies when falsely claiming a rigged election, Fox knew it needed a scapegoat for January 6th. It settled on Ray Epps and began promoting the lie that Epps was a federal agent who incited the attack on the Capitol.” the complaint states.
The suit singles out former Fox News host Tucker Carlson’s coverage, stating he devoted over two dozen segments to Epps.
The complaint mentions Revolver reporter Darren Beattie as a “discredited conspiracy theorist” that Carlson had on his program multiple times to talk about Epps.
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In an October 2021 appearance, Beattie told Carlson that Epps goes “repeatedly to group after group, redirecting them saying we need to go into the Capitol. … He is everywhere, he’s all around the Capitol shepherding people to go to the Capitol, where ‘our problems are.’”
“Very curiously, Ray Epps is not indicted. It doesn’t seem like the feds want him or have any interest in him — although they did,” Beattie said. “They had him for a while on their most-wanted page, until Revolver News did a report.”
Others did have questions about Epps based on video shared on social media.
Republican Rep. Thomas Massie of Kentucky showed footage of a man reported to be Epps to Attorney General Merrick Garland during a House oversight hearing in October 2021. In the video, bystanders could be heard yelling, “Fed, fed, fed,” when Epps called for going into the Capitol.
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I just played this video for AG Merrick Garland. He refused to comment on how many agents or assets of the federal government were present in the crowd on Jan 5th and 6th and how many entered the Capitol. pic.twitter.com/lvd9n4mMHK
— Thomas Massie (@RepThomasMassie) October 21, 2021
The U.K. Independent reported in January 2022 that the FBI “can’t say” who Epps is. He appeared as No. 16 on the agency’s most wanted list of people the Feds wanted to identify after the Jan. 6 incursion. But he was later removed from the list and not charged with any crime.
GOP Sen. Ted Cruz of Texas questioned FBI Assistant Executive Director Jill Sanborn during her appearance before the Senate Judiciary Committee that same month about Epps.
“Ms. Sanborn, was Ray Epps a fed?” Cruz asked.
“Sir, I cannot answer that question,” Sanborn responded.
Cruz next presented photographs allegedly showing Epps whispering to some protesters, who then proceeded to tear down a barricade around the Capitol.
“Did Mr. Epps urge them to tear down the barricades?” he asked.
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Once again, Sanborn said she could not answer the question.
Finally, Cruz pointed out that Epps was originally among those pictured on an FBI wanted notice in the days immediately after Jan. 6.
In fact a cash reward was offered for information leading to the arrest of Epps, the senator said.
However, “magically,” by July, Epps had disappeared from the public posting, Cruz noted.
Though lawmakers like Massie and Cruz raised questions about Epps, his complaint accuses Fox of acting with malice toward him.
“Fox refused to retract, correct, or apologize for its demonstrably false and defamatory accusations against Epps well after Fox knew definitively that they were false, providing yet additional circumstantial evidence of actual malice. Fox thus broadcast its lies about Epps with a high degree of awareness of probable falsity,” the suit says.
Further, “Fox’s portrayal of Epps has caused Epps significant damages, as a result of the false statements.”
The complaint lists “being harassed and receiving death threats; forced to spend money to protect himself and his family; forced to give up his businesses and sell his home; forced to flee and live in isolation; and forced to face financial ruin, loss of income” and other mental and physical sufferings.
Epps seeks both compensatory and punitive damages for his lost income and well-being in an amount to be determined at trial.
“As Fox recently learned in its litigation against Dominion Voting Systems, its lies have consequences,” the complaint says.
Fox fired Carlson the same week it agreed to pay Dominion $787.5 million in a defamation suit claiming that the news outlet’s coverage regarding the use of its voting machines in the 2020 election hurt the company’s reputation in the industry.
Both Dominion and Fox have denied Carlson’s removal was part of the settlement agreement.
