A federal judge on Friday dismissed former Arizona resident Ray Epps’ defamation lawsuit against Fox News. The judge ruled that Epps failed to plausibly show that the network acted with “actual malice.” This was based on former host Tucker Carlson suggesting Epps may have been connected to federal authorities during the Jan. 6 Capitol riot.
U.S. District Judge Jennifer L. Hall of the District of Delaware granted Fox News Network LLC’s motion to dismiss the amended complaint.
The judge concluded that Epps did not provide sufficient factual allegations demonstrating that Fox or Carlson knowingly aired false statements or acted with reckless disregard for the truth.
The lawsuit centered on several 2022 and 2023 broadcasts of “Tucker Carlson Tonight,” in which Carlson and guests discussed Epps’ presence outside the U.S. Capitol on Jan. 5 and Jan. 6, 2021.
Epps alleged the broadcasts falsely portrayed him as a federal informant or undercover operative who helped instigate the Capitol breach.
I guess it will always remain a mystery as to why Democrats didn’t charge him when they charged grandmas just praying or walking around inside the Capitol. After a great deal of pressure, he was charged with a minor infraction. NBC followed with a sob story interview to benefit him and his wife.
Neo-Nazi Nick Fuentes was the other one who wasn’t charged.
Here it is:
“Little Adolf” Nick Fuentes on Jan. 6—with a bullhorn, instructing people to overthrow the U.S. government and storm the Capitol.
In other words: Out of the tens of thousands of Trump supporters present, the only two people—Nick Fuentes and Ray Epps—who were… pic.twitter.com/1SkYDNTf6B
— 🇺🇸RealRobert🇺🇸 (@Real_RobN) May 6, 2026
The Case:
JUST IN: A federal judge has *dismissed* Ray Epps’ defamation case against Fox News over segments he said falsely characterized him as a government informant who incited Jan. 6. Not enough to prove actual malice, the judge concluded.https://t.co/VS32oE0hox pic.twitter.com/N85XeNdGUy
— Kyle Cheney (@kyledcheney) May 8, 2026