Among the thousands of people who participated in the Jan. 6 Capitol riots, Ray Epps became the center of a conspiracy theory that he said was boosted by Fox News accusing him of being an FBI informant to incite the crowd. Several Fox News hosts ran with the story, with former primetime host Tucker Carlson often questioning why Epps hadn’t been arrested when hundreds of others had.
Epps has now sued Fox News for defamation. According to the suit, Epps was informed in May of 2023 that he faces criminal charges for his actions on Jan. 6. Epps blames the charges on “the relentless attacks by Fox and Tucker Carlson and the resulting political pressure.”
The suit claims Fox falsely accused Epps of being a government agent who was stirring up trouble outside the Capitol that would be blamed on supporters of former President Donald Trump.
“In the aftermath of the events of January 6th, Fox News searched for a scapegoat to blame other than Donald Trump or the Republican Party. Eventually, they turned on one of their own,” the lawsuit said.
Epps, a former Marine, has said he was forced from his Arizona home because of threats due to the news coverage. He has asked for unspecified damages and a jury trial.
The lawsuit was filed in the Superior Court of Delaware, the same court where Dominion Voting Systems sued Fox over its coverage of the 2020 presidential election. Before trial was set to begin, Fox agreed to settle that lawsuit for $787 million. Soon after, Carlson was ousted.
Carlson is not named as a defendant in Epps’ lawsuit. Epps’ lawyer, Michael Teter, said since Carlson was an employee of Fox News at the time, “Fox is therefore fully liable for Mr. Carlson’s statements.”
The suit says Epps had “concerns about the election” so that is why he traveled to Washington, D.C. He “believed it was his duty as a citizen to participate in the protest. But he did not believe violence was appropriate.”
