Fox News has filed a motion to dismiss a defamation lawsuit brought by James Ray Epps, who was at the center of a conspiracy theory regarding the January 6 Capitol riots. Epps claims that Tucker Carlson, the former Fox News host, falsely portrayed him as a government agent provocateur responsible for instigating the insurrection. This theory, commonly referred to as “fed-jacketing,” alleges that Epps was a federal asset who helped orchestrate the riot.
Epps initially sought an apology from Carlson but escalated the matter into a defamation lawsuit. However, in November 2024, a federal judge dismissed the case, ruling that Epps had failed to prove that Carlson acted with “actual malice,” a high standard in defamation law, especially when the plaintiff is a public figure. Epps then sought permission to amend his complaint, but Fox News opposed the motion, arguing that the amended complaint did not address the issues that led to the dismissal. Fox News contends that Epps continues to fail to meet the necessary legal standard.
In the motion to dismiss, Fox News asserts that Epps is a “limited purpose public figure” because of his prominent role in the events of January 6, including his participation in the protests, his presence at the Capitol, and his subsequent media interviews. Epps attempted to bolster his case by citing statements from Abby Grossberg, a former Fox News producer, who suggested that Carlson’s team knew the claims about Epps were false. However, Fox News dismisses this argument, claiming that Grossberg’s role in the production of Carlson’s show was not relevant to the defamation claims, as she did not work on the show when the statements about Epps were made.
Epps’ amended complaint includes allegations that Fox News employees were internally skeptical of Carlson’s statements about him. However, Fox News argues that these allegations are insufficient to demonstrate actual malice. The network also disputes Epps’ interpretation of Grossberg’s statements, claiming that they do not provide evidence of a deliberate attempt to spread false information about him.
Epps’ involvement in the January 6 events, including being filmed encouraging people to enter the Capitol, became central to the conspiracy theory that he was a federal agent. The theory gained traction because Epps was not immediately arrested after the riot and was later removed from the FBI’s “Most Wanted” list after contacting authorities. In his testimony to the House Select Committee, Epps mentioned orchestrating events on January 6, which further fueled the conspiracy theory. Despite being charged with a misdemeanor in 2023, Epps was sentenced to probation rather than jail time.
Fox News argues that the amended complaint fails to establish a valid defamation claim and should be dismissed. The network contends that Epps has not demonstrated that Carlson acted with actual malice in making the statements about him.
