Federal Judge Dismisses Defamation Lawsuit Against Fox News

A federal judge on Friday dismissed a defamation lawsuit filed against Fox News by Raymond Epps, a former Marine and one-time supporter of Donald Trump. U.S. District Judge Jennifer L. Hall in Delaware granted the network's motion to dismiss the case for a second time.

The judge ruled that Epps failed to show enough evidence to prove that Fox News knew its statements were false. Epps said he received death threats after the network aired reports falsely accusing him of being a government agent who provoked trouble near the Capitol on January 6, 2021, to discredit Trump supporters.

He was featured in more than two dozen segments on Tucker Carlson's prime-time show, according to the lawsuit. The reports led to harassment that forced Epps and his wife to sell their Arizona ranch and move into a recreational vehicle. Epps had named Carlson, who was fired from Fox News in April 2023, as the most active promoter of the conspiracy theory at the time when Carlson hosted the network's most popular program.

The judge had previously dismissed the case in 2024 but allowed Epps a second opportunity to file an amended complaint. Friday's ruling determined that the updated filing still fell short of the legal requirements to proceed. Lawyers for Epps wrote in the lawsuit that after the January 6 events, the network searched for a scapegoat other than Donald Trump or the Republican Party and eventually targeted one of its own supporters.

Epps pleaded guilty to a misdemeanor charge related to the January 6 riot and received a sentence of one year of probation. He was later pardoned along with about 1,500 others who received clemency for their roles in the events. Federal prosecutors have supported Epps' statements that he was not a government plant or FBI operative.

They confirmed he has never been a government employee or agent other than his service in the U.S. Marines from 1979 to 1983.