Originally published July 10, 2023 12:03 pm PDT
The notoriety of Ray Epps, a man from Arizona who partook in the tumultuous demonstrations on Jan 6, 2021, continues to amplify, with legal pursuits against Fox News on the horizon.
The imminent defamation lawsuit hinges on a theory that Tucker Carlson, formerly with Fox News, championed on his now-canceled program, according to The New York Times.
Carlson, over a span of 18 months, propagated the idea that Epps was a clandestine government operative who orchestrated the Capitol attack to undermine ex-President Donald J. Trump’s reputation and his political movement.
Despite Epps’ involvement on Jan 6, which has been captured on video, he has received no charges.
This is a fact that Carlson interpreted as proof of Epps’ undercover status.
He repeated Epps’ name during nearly 20 broadcasts, spotlighting the “mysterious figure” who “helped stage-manage the insurrection,” insisting that there was “no rational explanation” for the absence of charges.
Footage from the day and the preceding night of the incident revealed Epps’ active involvement, as he was seen persuading a crowd to march towards and enter the Capitol, surpassing a police line in the process.
Although over 1,000 demonstrators have been indicted for their violent or unlawful entry into the Capitol, Epps has remained untouched by the federal prosecutors, despite the continuing investigation by the Justice Department.
Having served in the Marine Corps, Epps claimed during his deposition to the Jan 6 committee that his career did not include any governmental association beyond that.
Following alleged death threats, Epps and his wife, Robyn, reportedly sold their ranch and wedding venue business in Arizona and sought refuge in another state.
While new cases related to the Jan 6 attack continue to emerge, Epps’ legal future remains uncertain.
The legal team of Epps is now preparing a lawsuit against Fox News for defamation, having already sent a cease-and-desist letter to the network in March, according to The Times.
Attorney Michael Teter announced, “We informed Fox in March that if they did not issue a formal on-air apology that we would pursue all available avenues to protect the Eppses’ rights.”
The lack of response from Fox has propelled the legal team to ready the lawsuit, as Teter confirmed, “That remains our intent.”
The public’s interest in Epps was initiated following a video from the eve of the Capitol assault where he declared his intent to march towards and enter the Capitol.
Subsequent footage from Jan 6 showed Epps again encouraging people to move towards the Capitol, whispering to a man who later breached the Capitol’s security alongside other rioters.
The suspicious activity led law enforcement to add Epps’ image to an online wanted list.
Epps reportedly contacted the FBI’s National Threat Operations Center in response, spending almost an hour in conversation with the agents.
RonNell Andersen Jones, a professor at the University of Utah S.J. Quinney College of Law, noted the complexity of Epps’ potential defamation case if he were to be indicted.
The foundation of such a lawsuit is alleged reputational damage, which she suggested could become more challenging to prove with an already tarnished reputation due to genuine information.
“The centerpiece of a libel case is an alleged harm to reputation, so it for sure can become trickier to prove that you experienced a damages-incurring loss if your reputation is already poor because of true information,” Jones commented, highlighting the complicated nature of these questions.
