U.S. District Judge Jennifer L. Hall in Delaware has dismissed a defamation lawsuit brought by Raymond Epps against Fox News, ruling that the former Trump supporter failed to present sufficient evidence that the network knew its Jan. 6 conspiracy theories were false. The decision on Friday marks the second time the case has been thrown out of federal court. Hall initially dismissed the suit in 2024 but granted Epps leave to refile with a stronger evidentiary foundation; upon review of the amended complaint, she concluded that his subsequent filing still did not meet the legal standard required to proceed to trial.
Epps, a former U.S. Marine, alleged that Fox News aired false reports identifying him as a government agent or insider deliberately causing trouble near the U.S. Capitol on Jan. 6, 2021, to shift blame away from Trump supporters. According to court documents, the network’s broadcasts subjected Epps and his wife to persistent harassment and death threats. The couple said the pressure ultimately forced them to sell their Arizona ranch and relocate to a recreational vehicle.
The lawsuit specifically named former Fox host Tucker Carlson as the primary driver of the narrative. Epps was featured in more than two dozen segments on Carlson’s formerly top-rated prime-time program before Carlson’s departure from the network in April 2023. “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,” Epps’ attorneys wrote in their complaint. “Eventually, they turned on one of their own.”
In a statement released Friday night, Fox News said it was “pleased with the federal court’s ruling, further preserving the press freedoms of the First Amendment.”
The network’s claims were never substantiated. Federal prosecutors have publicly backed Epps’ vehement denials that he acted as a government plant or FBI operative, confirming that Epps has never been a government employee or agent beyond his service in the U.S. Marines from 1979 to 1983.
Epps acknowledged his own role in the Jan. 6 events, pleading guilty to a misdemeanor charge related to the riot and receiving a sentence of one year’s probation. He was among more than 1,500 individuals who received clemency from Donald Trump for their involvement in the insurrection.