A federal judge has dismissed a defamation lawsuit against Fox News, ruling for a second time against a former Donald Trump supporter who alleged he received death threats after the network aired false conspiracy theories about his involvement in the Capitol insurrection on January 6, 2021.
Background of the Case
Raymond Epps, a former Marine, was falsely accused by Fox News of being a government agent who instigated trouble near the Capitol that day, intending to blame Trump supporters. Epps claimed that he and his wife were forced to sell their Arizona ranch and move into a recreational vehicle due to the harassment they endured following Fox's reports.
Court Ruling
U.S. District Judge Jennifer L. Hall in Delaware granted Fox's motion to dismiss the case, concluding that Epps failed to provide sufficient evidence to prove that Fox knew its statements were false. The judge had previously dismissed the case in 2024 but allowed Epps a second opportunity to refile. Her ruling on Friday stated that he still did not meet the legal standard.
Epps had identified Tucker Carlson, who was fired from Fox in April 2023, as the primary promoter of the conspiracy theory. At the time, Carlson hosted Fox's most popular show. According to the lawsuit, Epps was featured in more than two dozen segments on Carlson's prime-time program.
Legal Arguments
In their lawsuit, Epps' lawyers wrote: "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."
Epps' Background
Epps pleaded guilty to a misdemeanor charge related to the January 6 riot and was sentenced to a year of probation. He was later pardoned by Trump alongside 1,500 others who received clemency for their roles in the insurrection. Federal prosecutors have consistently supported Epps' vehement denials that he was a government plant or FBI operative, stating that Epps has never been a government employee or agent beyond his service in the U.S. Marines from 1979 to 1983.
