Raymond Epps’ defamation case against Fox News ended again in federal court on Friday when a judge dismissed his lawsuit in Delaware, concluding that Epps did not present sufficient evidence that Fox knew its claims were false. U.S. District Judge Jennifer L. Hall granted Fox’s motion to dismiss the suit, marking a second dismissal after Hall previously allowed Epps another chance to file his case.
Epps, a former Marine, has accused Fox of airing false conspiracy theories about his role in the Jan. 6, 2021, U.S. Capitol insurrection. In his account, Fox falsely said he acted as a government agent or plant who helped cause trouble near the Capitol, so that blame could shift away from Donald Trump and Republican supporters.
Hall’s Friday ruling said Epps still fell short of what he needed to prove to proceed, finding that he did not show enough evidence that Fox knew its statements were false. According to the court’s decision described in the reporting, Hall had earlier dismissed the case in 2024 but gave Epps a second opportunity; the new dismissal followed the same basic reasoning.
Epps’ allegations also focused on Fox’s programming, including appearances tied to Tucker Carlson, who hosted Fox’s prime-time show at the time. The lawsuit said Epps was featured in more than two dozen segments on Carlson’s show and named Carlson as the most active promoter of the theory Epps says harmed him.
In court filings cited in the reporting, Epps’ lawyers argued that Fox went looking for someone else to blame after Jan. 6. “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,” the lawyers wrote, adding, “Eventually, they turned on one of their own.”
Epps also said the consequences of Fox’s coverage extended beyond reputational harm. He told the court that after Fox’s reports, he and his wife sold the Arizona ranch where they lived and moved into a recreational vehicle because of harassment they faced.
After the ruling, Fox News said it was “pleased with the federal court’s ruling, further preserving the press freedoms of the First Amendment,” according to a statement provided to reporters.
The reporting also noted that Epps pleaded guilty to a misdemeanor charge related to the Jan. 6 riot and was sentenced to a year of probation. He later received a pardon issued by Trump alongside about 1,500 others who were granted clemency for their roles in the insurrection, and federal prosecutors supported Epps’ denials that he was a government plant or FBI operative, saying he has never been a government employee or agent beyond his service in the U.S. Marines from 1979 to 1983.