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You Might Have Missed It, But Ray Epps’ Lawsuit Against Tucker Went Down In Flames

Published

6 months ago

6 minute read

 

From the Daily Caller News Foundation

By Adam Pack

A federal judge dismissed a January 6th defendant’s defamation lawsuit against Fox News and its former primetime TV anchor, Daily Caller co-founder Tucker Carlson on Wednesday.

Delaware Federal District Court Judge, Jennifer Hall, ruled that Carlson’s reporting on Epps was protected under the First Amendment because Epps’ lawyers did not prove Carlson had acted with “actual malice.”

“For the reasons announced from the bench today, it is hereby ordered that Defendant’s Motion to Dismiss for Failure to State a Claim is granted,” Hall, a Biden appointee, wrote.

Members of the corporate media claimed that Epps would win his lawsuit against Fox News and prove Carlson had acted with “actual malice” in his reporting on the Jan. 6 defendant, according to an MSNBC discussion on the defamation case led by former Republican National Committee chairman and MSNBC political analyst Michael Steele on July 16, 2023, following news of Epps’ lawsuit.

 

“I think what Dominion ushered in this question of actual malice and we saw the $800 million settlement has really ripped open if you will, the opportunity for others to go at Fox News,” former Florida Republican Rep. David Jolly said during the clip.

“They better get out a really big check book because they’re gonna pay heavily,” former Democratic Maryland Rep. Donna Edwards also said.

Judge Hall, however, sided with Fox News’ lawyers and dismissed the lawsuit before it could proceed to trial.

“It is especially clear that any conclusions were only opinions, because the statements were replete with ‘cautionary language’ that signal opinion and interpretation,” Fox News’ lawyers wrote in a memorandum in support of the network’s motion to dismiss Epps’ lawsuit. “In one segment, after showing a video of Plaintiff, Mr. Carlson squarely stated: ‘Once again, you can draw whatever conclusions you like from that video. We have ours and we shared them with you’. Fox opinion hosts were clearly providing their interpretations that listeners could accept or reject based on their own assessment of the fully disclosed facts.”

“First amendment protection for such commentary is essential for our democracy,” the memorandum also stated.

“Epps and his wife have clearly been through a nightmare of threats and innuendo,” Jonathan Turley, Fox News legal commentator wrote on his personal website following the judge’s ruling. “However, this public controversy was discussed by various networks and the Jan. 6th Committee. It was also a matter of legitimate public debate and commentary, with people on both sides expressing their views on the evidence and underlying allegations.”

Epps sued Fox News in July 2023 following Carlson’s comments that suggested Epps may have been a government agent after video footage surfaced showing him the night before Jan. 6, 2021, encouraging Trump supporters to go inside the Capitol the next day, leading to speculation that he may have been an FBI informant.

 

“We’re far beyond that. In fact, tomorrow—I don’t even like to say it because I’ll be arrested—we need to go into the Capitol. We’re here to defend the Constitution,” Epps could be heard saying in the video.

“I’m going to put this out there. I’m probably going to jail for it. Tomorrow, we need to go into the Capitol. Into the Capitol. Peacefully,” Epps added. Someone in the crowd responded by calling Epps a “fed,” the video showed.

Chief Judge of the U.S. District Court for the District of Columbia James Boasberg sentenced Epps to just 12 months probation on Jan. 9, three years after Epps encouraged Trump supporters to storm the U.S. Capitol.

Other Jan. 6 defendants received much longer sentences than Epps. Department of Justice (DOJ) prosecutors offered Epps a misdemeanor plea deal for cooperating with federal authorities and expressing remorse for his actions, and recommended he serve six months in jail for his conduct on and preceding the Jan. 6 riot. Epps was sentenced to twelve months probation in January.

“It’s amazing Ray Epps gets mere probation after there is video evidence he helped incite the January 6th riot, while Trump supporters get sent to prison for months — even years — for trespassing and taking selfies on the Senate floor,” Mike Davis, founder and president of the Article III Project previously told the DCNF. “The FBI protects its own.”

Carlson also accused Epps of lying in his testimony to the January 6th Committee.

 

“Following the dismissals of the Jankowicz, Bobulinski, and now Epps cases, Fox News is pleased with these back-to-back decisions from federal courts preserving the press freedoms of the First Amendment,” Fox News told the Daily Caller News Foundation in a written statement.

Epps’ lawyer did not immediately respond to the DCNF’s request for comment.

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Daily Caller

LA Anti-ICE Chaos, Clashes With Police Spreading Around America

Published on June 11, 2025

By

 

From the Daily Caller News Foundation

By Hudson Crozier

The unrest that has consumed Los Angeles in recent days appears to be spreading elsewhere as numerous rioters outraged at immigration raids were arrested across the country on Tuesday night.

Los Angeles authorities began making “mass arrests” late Tuesday and issued a curfew following days of rioting sparked by Immigration and Customs Enforcement (ICE) arrests of illegal immigrants in the area. Businesses were seen in the process of boarding up their buildings in anticipation of possible looting, the Daily Caller News Foundation reported.

Local media outlets reported that major U.S. cities saw their own versions of Los Angeles’ chaos Tuesday night, with alleged assaults of police officers, fires, rock-throwing and other acts of violence. Protests and resulting arrests had already started to spread beyond Los Angeles as of Monday night.

Seattle

At least two people were arrested after protesters tore down American flags at a federal building in Seattle and burned them on Tuesday night, according to multiple reports. Earlier that day, Department of Homeland Security (DHS) officers were seen on video shoving back Antifa-style militants and firing crowd control munitions after the activists tried to block entrances and exits to the building, which houses an immigration court.

New York City

Eighty-six people were arrested overnight starting on Tuesday evening as protesters marched to a Manhattan immigration court and other locations, local outlet ABC7 reported. Police said people threw bottles at protesters and debris and traffic cones onto the road. Charges included assault, resisting arrest, reckless endangerment and obstructing government administration.

One exchange caught on video showed a woman pleading with protesters to let her drive past them on the road so she could go to work.

Illegal migrants “are having their children taken and their parents,” a traffic-blocking activist told the driver.

Another video posted by Sky News showed a mob trying to force its way past a wall of officers while screaming.

Denver

Protesters began gathering at the Colorado State Capitol building in Denver on Tuesday before moving off in a crowd to block traffic on two streets, Colorado Newsline reported. Police ended up in confrontations with rioters throughout the evening, arresting at least 17 on charges such as obstruction of streets, graffiti, assaulting a peace officer and unlawful throwing of projectiles, according to 9News. Police were reportedly seen throwing smoke bombs and pepper balls to disperse crowds.

Atlanta

Organizers of an anti-ICE rally in Atlanta on Tuesday night had agreed to disperse by 9 p.m., but some protesters remained and set off scuffles with police, a local Fox network reported. Rioters damaged three police squad cars by throwing rocks, police said, and threw fireworks at officers. Police used tear gas to disperse the agitators and arrested at least six.

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Crime

LA Mayor Karen Bass Makes New Demands Of Trump At Monday Night Press Conference

Published on June 10, 2025

By

 

From the Daily Caller News Foundation

By Mariane Angela

During a Monday night press briefing, Democratic Los Angeles Mayor Karen Bass told the Trump administration to stop the Immigration and Customs Enforcement (ICE) raids in Los Angeles.

President Donald Trump deployed the National Guard to Los Angeles on Saturday after riots erupted following an ICE raid at a Home Depot. During Monday’s press briefing, Bass called for an end to the raids conducted by the Trump administration, claiming that the power to deploy troops or request assistance should lie with state and local officials, not the federal government.

“I would say stop the raids. Stop the raids, period. I would say give the power back to our governor, and if we need the National Guard, we can do it in the normal circumstances, which is the request is made local, and the governor decides, or not to, grant that to our city,” Bass said when asked what she would say to the Trump administration.

Bass reiterated her earlier stance and questioned the need for an additional military presence, given the National Guard’s current role in securing federal buildings.

WATCH:

“We didn’t need the National Guard. Why on earth? What are they going to do? Do you know what the National Guard is doing now? They are guarding two buildings,” Bass said when asked to react to the deployment of Marines.

Bass then called the deployment an unjustified and overreaching action.

“They are guarding the federal building here in downtown, and they’re guarding the federal building in Westwood. That’s what they’re doing. So they need Marines on top of it? I don’t understand that. That’s why I feel like we are part of an experiment that we did not ask to be a part of,” Bass added.

Despite Bass claiming that the National Guard’s deployment was unnecessary, Fox News reporter Bill Melugin shared videos showing ICE agents in one of the vehicles being struck by rocks. Melugin also posted additional footage and photos of the aftermath, including an image of an ICE agent’s injury and a windshield damaged by a rioter’s rock.

Around 1,000 individuals wreaked havoc in Los Angeles Friday night, surrounding a federal building, attacking ICE agents, deflating tires and vandalizing government property, according to the Department of Homeland Security. The unrest caused significant damage and severe traffic disruptions, bringing several key city roads to a complete standstill.

On Saturday night, Trump authorized the deployment of the National Guard to assist local law enforcement and warned Democratic California Gov. Gavin Newsom that the federal government would intervene if local authorities failed to restore order.

In response, California filed a lawsuit against the Trump administration Monday, challenging the deployment of National Guard troops to Los Angeles to address the immigration riots. Attorney General Rob Bonta and Newsom said that federalizing 2,000 California National Guard members without Newsom’s consent exceeded the president’s authority.

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