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

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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

Like Administrative Arson, California’s Bad Ideas Spread Like Wildfires

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From the Daily Caller News Foundation

By Frank Ricci

California’s wildfire crisis is a result of a mix of poor public policy, excuses and administrative overreach. This crisis is not solely due to natural phenomena but is exacerbated by years of misguided priorities and policy mismanagement.

In California, regulation has often been elevated to a near-religious status, where compliance with progressive ideals sometimes comes at the expense of public safety. This regulatory environment turns practical solutions into bureaucratic nightmares, where even simple tasks require navigating an endless maze of permissions and paperwork.

The result is a state where water resources are mismanaged, from inadequate retention to failing to have sound contingency plans for pumping when power is out or ensuring the system is designed to handle the fire load.

There is an overemphasis on environmentally friendly policies without adequately balancing the needs of the population or accurately measuring their impact and effectiveness.

When your home is on fire, you need a quick, competent response, properly supported by staffing, resources and clear lines of authority.

The prioritization of Diversity, Equity and Inclusion (DEI) over merit-based hiring is evident in places like the Los Angeles Fire Department under Chief Kristin Crowley. Her commitment to DEI is often highlighted, leading one to question if this has potentially compromised operational readiness.

The primary focus of fire departments should be on the priority of life safety, incident stabilization and property conservation. When diversity overshadows meritocracy, there’s a shift from equal opportunity to equal outcomes.

Across blue states, there is a trend where HR managers focus more on diversity and soft quotas than ensuring applicants have the necessary physical strength, mechanical aptitude and cognitive ability for the job, regardless of immutable characteristics.

LAFD Assistant Chief Kristine Larson, in a recorded statement, responded to a query about her ability to rescue someone from a fire by saying, “Am I able to carry your husband out of a fire? Well, my response is he got himself in the wrong place if I have to carry him out of a fire.”

In the same clip, she focused on the racial composition of firefighters rather than their competence.

Merit should be blind to race or sex; it is about ensuring that firefighters or officers can master the skills, knowledge and ability needed to do the job.

Victor Davis Hanson has commented: “It was a total systems collapse from the idea of not spending money on irrigation, storage, water, fire prevention, force management, a viable insurance industry, a DEI hierarchy. You put it all together and it’s something like a DEI-Green New Deal hydrogen bomb.”

Moreover, fire departments in cities like Los Angeles, Seattle and New York are still dealing with the aftermath of the pandemic. There is a call for the reinstatement of firefighters who were dismissed for not being vaccinated, suggesting this was an opportunity to purge viewpoint diversity.

Elected officials should not socially engineer fire departments. True diversity comes from educational opportunities like school choice, opportunity scholarships and breaking the stranglehold of teachers’ unions while holding superintendents accountable.

Qualified personnel and proper water management alone won’t mitigate fires. Congress and California need to untangle the web of conflicting government agencies in wildland fire and forest management, ensuring clear lines of authority for public safety.

Environmentally friendly logging and cooperation with fire services for forest management could provide jobs, create fire lines, and ensure quicker response times.

Advanced technology for early detection, such as sensing fire towers, drones and satellites, should be utilized to direct air assets, allowing for a rapid response with helicopters or fixed-wing aircraft to stop or slow the spread of fire from the onset.

America does not have enough staffed air assets stationed, properly geographically deployed and on alert to respond at a moment’s notice. This means deploying air assets throughout the West Coast and in some cases changing policy to allow flying at night and ensuring availability seven days a week. The same applies to bulldozers and other heavy equipment; they must be pre-approved and ready to respond before any incident occurs, cutting through the red tape.

California Gov. Gavin Newsom (D), Los Angeles Mayor Karen Bass (D) and the federal government have not met expectations, offering excuses rather than solutions. The public demands accountability not just promises. It is time for California to adopt common-sense wildfire management, focus on merit, manage natural resources wisely and reduce the bureaucratic hurdles that hinder effective action.

Only then can we address this crisis with the urgency and efficiency it demands.

Frank Ricci is a Fellow at Yankee Institute and was the lead plaintiff in the landmark Supreme Court case Ricci v Destefano. He retired as a Battalion Chief in New Haven CT. He has testified before Congress and is the author of the book, Command Presence.

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Censorship Industrial Complex

Mark Zuckerberg Tells Joe Rogan That Biden Admin Would ‘Scream’ And ‘Curse’ At Meta Employees To Censor ‘True’ Content

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From the Daily Caller News Foundation

By Jason Cohen

Meta CEO Mark Zuckerberg told podcast host Joe Rogan on Friday that officials in President Joe Biden’s administration would yell and hurl profanities at his company’s employees over content censorship.

The Biden administration pushed Facebook to censor posts about COVID-19 that it deemed misinformation, according to documents published by House Judiciary Committee chairman Jim Jordan in July 2023. Zuckerberg, on “The Joe Rogan Experience,” revealed that also Meta faced investigations and backlash after Biden accused Facebook of “killing people” in July 2021 for not censoring so-called COVID-19 misinformation.

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“Basically, these people from the Biden Administration would call up our team and like scream at them and curse,” Zuckerberg said. “And it’s like these documents are — it’s all kind of out there.”

Rogan asked if Meta had recorded any of the calls, but Zuckerberg said he did not believe so.

“I mean, there are emails. The emails are published. It’s all kind of out there …. And basically, it just got to this point where we were like, ‘No, we’re not going to — we’re not going to take down things that are true. That’s ridiculous,’” Zuckerberh said. “They wanted us to take down this meme of Leonardo DiCaprio looking at a TV, talking about how ten years from now or something, you’re going to see an ad that says, ‘Okay, if you took a COVID vaccine, you’re eligible, like for this kind of payment,’ like this sort of like class-action lawsuit-type meme. And they’re like, ‘No, you have to take that down.’”

“We just said, ‘No, we’re not going to take down humor and satire. We’re not going to take down things that are true.’ And then at some point, I guess — I don’t know — it flipped a bit,” he added. “I mean, Biden, when he was — he gave some statement at some point, I don’t know if it was a press conference or to some journalist, where he basically was like, ‘These guys are killing people.’ And I don’t know. Then like all these different agencies and branches of government basically just like started investigating and coming after our company. It was brutal.”

Facebook executives believed they were engaged in a “knife fight” with Biden’s White House on COVID-19 censorship, according to a House Judiciary Committee report published in May.

Zuckerberg in August expressed remorse that Facebook caved to pressure from the Biden administration to censor content in a letter to Jordan. He wrote that senior Biden administration officials “repeatedly pressured” Facebook teams to censor COVID-19 content that the platform otherwise would not have suppressed, and voiced frustration when Facebook disagreed.

“I believe the government pressure was wrong, and I regret that we were not more outspoken about it,” Zuckerberg wrote. “I also think we made some choices that, with the benefit of hindsight and new information, we wouldn’t make today.”

Zuckerberg also alleged in 2022 on “The Joe Rogan Experience” that the FBI warned Facebook of a “Russian propaganda” dump just before the Hunter Biden laptop story broke.

“The FBI basically came to us and some folks on our team and said, ‘Hey, just so you know, you should be on high alert, we thought there was a lot of Russian propaganda in the 2016 election and we have noticed that basically there’s about to be some kind of dump that’s similar to that, so be vigilant,’” he said.

The Meta CEO said he could not recall whether the FBI specifically mentioned the Hunter Biden laptop story, but asserted it fit “the pattern.”

The White House did not immediately respond to the Daily Caller News Foundation’s request for comment.

Meta referred the DCNF to documents released by the House Judiciary Committee and Jordan.

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