Ray Epps, within the red Trump hat, center, gestures to others as people gather on the West Front of the U.S. Capitol in Washington, D.C., Jan. 6, 2021.
Kent Nishimura | Los Angeles Times | Getty Images
Fox News was sued for defamation Wednesday by self-described Donald Trump supporter Ray Epps for “spreading falsehoods” that Epps was an undercover FBI agent who was chargeable for encouraging a mob of Trump backers that invaded the U.S. Capitol on Jan. 6, 2021.
The suit by the Arizona resident Epps was filed nearly three months after Fox News’ corporate parent agreed to pay Dominion Voting Systems $787.5 million to settle that company’s defamation lawsuit accusing Fox Corp. of constructing false claims concerning the consequence of the 2020 presidential election.
The suit by Epps, a former U.S. Marine, said that as Fox recently learned within the Dominion case, “its lies have consequences.”
The suit accuses former Fox News host Tucker Carlson, who was fired on the heels of the Dominion settlement, of being the first promoter of the false conspiracy theory about Epps. He was among the many throng of supporters of then-President Trump who gathered outside the Capitol on Jan. 6.
Epps and other Trump backers believed false claims by Trump and his allies that the 2020 presidential election had been rigged in favor of President Joe Biden. A joint session of Congress was set to verify Biden’s victory that day.
“Within the aftermath of the events of January sixth, Fox News looked for a scapegoat in charge apart from Donald Trump or the Republican Party,” said Epps’ grievance, filed in the identical Delaware Superior Court where Dominion sued.
“Eventually, they turned on one in every of their very own, telling a fantastical story by which Ray Epps — who was a Trump supporter that participated within the protests on January sixth — was an undercover FBI agent and was chargeable for the mob that violently broke into the Capitol and interfered with the peaceful transition of power for the primary time on this country’s history,” the suit said.
Epps in his grievance said Fox News’ “lies have destroyed” his and his wife Robyn’s lives.
The suit also said that in May, the U.S. Department of Justice notified Epps “that it might seek to charge him criminally for events on January 6, 2021— two-and-a-half years later.”
“The relentless attacks by Fox and Mr. Carlson and the resulting political pressure likely resulted within the criminal charges,” the grievance said.
“Even though it is difficult to imagine that the Department of Justice would have pursued this matter if Fox had not focused its lies on Epps, ultimately the criminal charges conclusively show the falsehood of the story that Mr. Carlson and Fox told about Epps,” it continued.
“Epps was not a federal agent. He was a loyal Fox viewer and Trump supporter,” the suit said.
Fox News on Wednesday sought to have Epps’ lawsuit transferred to U.S. District Court in Delaware.
A Fox spokeswoman didn’t immediately reply to a request for comment from CNBC.
That is breaking news. Check back for updates.
