This story was originally published by the WND News Center.
After a two-day hearing, a federal judge tossed Ray Epps' defamation lawsuit against Fox News on Wednesday, saying he didn't provide enough facts to show that former host Tucker Carlson acted with "actual malice" when he insinuated that Epps may have been working with the government to provoke the Jan. 6, 2021, Capitol Hill uprising.
The Hill reported Epps was "at the center of a conspiracy theory about what sparked" the events that day, when protesters objecting to what they perceived as unusual election procedures that gave the White House to Joe Biden eventually rioted.
Epps, a former U.S. Marine, sued Fox claiming the network "knowingly" promoted what his lawyers claimed were "destructive conspiracy theories."
Fox stated it was "pleased" with several decisions, including the Epps case, "from federal courts preserving the press freedoms of the First Amendment."
A report at HeadlineUSA said Epps was the "controversial figure" seen on camera during those events "urging protesters to enter the Capitol."
"He initially appeared on the FBI's wanted list in relation to the Capitol rioting, only to be removed in the summer of 2021 with no explanation … ," the report noted.
The dismissal was reported by Politico's Kyle Cheney.
Epps sued in 2023 when he had not yet been charged by the Department of Justice for anything during that time. Later, he was accused of one misdemeanor count of disorderly conduct.
He was not accused of inciting, "even though he's caught on video telling protestors to go 'into the Capitol'—and even though the DOJ described his behavior as 'felonious,'" the report said.
He was given probation.
The report noted, "According to journalist Christina Urso, who attended the sentencing, the government bizarrely went to bat for Epps during the hearing."
Urso revealed, "The prosecutor praised Epps 'de-escalation tactics' and had a whole slide show for it entitled 'Attempts to De-escalate.' Both Judge Boasberg and the prosecutor both claimed 'he never tried to go into the Capitol.'"
Multiple social media commenters had suggested Epps was working hand-in-glove with the federal government that day.
While it's known that there were many federal agents in the crowd that went from protest to riot, their numbers and identities have not been revealed.
Epps said the misdemeanor charge against him proved he was not in that group.
In his now-failed legal action, he stated, "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 [Tucker] Carlson and the resulting political pressure likely resulted in the criminal charges."
