The man accused of being an undercover government agent responsible for inciting the Jan. 6 Capitol riot—a conspiracy championed by ex-Fox News personality Tucker Carlson—sued the network and its former primetime host on Wednesday alleging they defamed him with their “fantastical story.”
Filed in the Superior Court of Delaware, the 49-page complaint claims Fox News “searched for a scapegoat to blame other than Donald Trump or the Republican Party,” settling on two-time Trump voter and Capitol riot attendee Ray Epps after its false antifa narrative fell through.
Epps was “an avid and loyal Fox viewer and a fan of Mr. Carlson’s” and flew to Washington, D.C., to attend the Stop the Steal Rally because he believed the network when it cried that the 2020 election had been stolen, according to the lawsuit. The day before the riot, Epps was videotaped by a far-right troll known as Baked Alaska, who chanted “Fed, Fed, Fed” at him for wanting to prevent violence against the police.
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That night, and the following day, he tried to “deescalate” a rowdy pro-Trump crowd—while urging others to enter the Capitol “peacefully,” the suit states.
Following Jan. 6, Carlson promoted Baked Alaska’s idea and began spreading “false and unfounded lies” on Fox News about Epps being an FBI informant who incited the Capitol attack.
“Epps is a poorly cast villain for Fox and Mr. Carlson,” the complaint reads, citing his Republican voting record and past as a Marine.
The House Select Committee investigating Jan. 6 interviewed Epps under oath and shut down Carlson’s conspiracy in January 2022, confirming in a statement that Epps “was not employed by, working with, or acting at the direction of any law enforcement agency” at any time.
But in the weeks after, Carlson continued to advance the “Epps conspiracy” on his show, Tucker Carlson Tonight, and questioned the committee’s decision to dismiss his claims, according to the complaint. Even when Carlson got his hands on thousands of hours of Jan. 6 footage, the lawsuit accuses the host of ignoring evidence proving Epps’ innocence.
Viewers quickly hopped onto the “lie” Fox News and Carlson were pushing and made a series of threats against Epps and his wife, the complaint reveals. The lawsuit says, “People began driving past their farm brandishing weapons and shooting onto their property.” Epps even had personal information leaked onto the Dark Web.
He claims he has suffered “astronomical” consequences from the “emotional and psychological effects of the threats and attacks,” as well as “significant expenses” after moving residences in a last-ditch attempt to hide.
One of the more striking claims in Epps’ complaint states that the Department of Justice notified Epps in May that it did intend to indict him—despite his previous interviews with both the FBI and the Jan. 6 committee suggesting he would walk away uncharged.
Those charges would not have materialized, he claimed, if not for Carlson and Fox News’ incessant—and false—suggestions that Epps was egging on fellow Trump supporters.
“Although it is difficult to believe that the Department of Justice would have pursued this matter if Fox had not focused its lies on Epps, ultimately the criminal charges conclusively demonstrate the falsehood of the story that Mr. Carlson and Fox told about Epps,” the lawsuit read.
The DOJ told The Daily Beast in a statement that it could “neither confirm nor deny the existence of investigations.”
Epps is seeking an unspecified amount in damages for defamation and false light. A New York Times report from two days ago teased the lawsuit, with Epps’ lawyer telling the paper he planned to sue if Fox News did not issue an on-air retraction and apology.
Fox News did not immediately respond to The Daily Beast’s request for comment on Epps’ lawsuit.
The network has been no stranger to defamation cases, settling with Dominion Voting Systems in April for $787.5 million after being accused of spreading election fraud-related lies about the voting software firm. Dominion executives reportedly have even more cases lined up against the right-wing network.
