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A judge on Wednesday dismissed a defamation lawsuit that Trump supporter Ray Epps brought against Fox News, bringing the yearlong legal battle to a close.

Epps, a Jan. 6 defendant, argued in a July 2023 lawsuit that Fox News told a “fantastical story” that Epps acted as an undercover FBI agent who was responsible for violence during the Jan. 6, 2021, attack on the U.S. Capitol. The Trump supporter had become a target of rightwing conspiracy theories and was featured in dozens of Fox News segments, many of which were anchored by then-host Tucker Carlson.

Epps had alleged in the original complaint that Fox News, “and particularly Mr. Carlson, commenced a years-long campaign spreading falsehoods about Epps.”

“Those lies have destroyed Ray’s and Robyn’s lives,” the complaint continued, referring to Epps and his wife.

But Judge Jennifer L. Hall of the U.S. District Court of Delaware on Wednesday agreed with Fox News’ motion, dismissing the case on the basis of “failure to state a claim.”

Lawyers for Epps and Fox News did not immediately respond to a request for comment. Carlson and Fox News parted ways in April 2023, and The Tucker Carlson Network did not immediately respond to a request for comment either.

In Fox News statements to other outlets, the network referred to additional lawsuits filed against the network.

“Following the dismissals of the Jankowicz, Bobulinski, and now Epps cases, Fox News is pleased with these back-to-back decisions from federal courts preserving the press freedoms of the First Amendment,” the network said in statements to other outlets.

Earlier this year, Epps was sentenced to probation after he pleaded guilty to a misdemeanor charge connected to the Jan. 6 attack.

Far-right conspiracy theories about Epps said that a man pictured on the FBI’s website was a government agent and that Jan. 6 was a “false flag” event encouraged by the FBI. Carlson alluded to this in an opinion piece published on Fox News Digital, saying that if law enforcement officials wanted to understand the events of Jan. 6, 2021, “you’d be talking to Ray Epps and various FBI informants.”

Epps was not and never has been an asset of the bureau, according to the FBI.

In an August 2023 filing, lawyers for Fox News argued that Epps’ lawsuit “is a direct attack on the First Amendment.”

“This lawsuit attacks core First Amendment protected speech in which Fox opinion hosts asked questions, looked for answers, and provided commentary and opinions on widely reported— and undisputed—facts about Plaintiff’s prominent role in one of the biggest public controversies in political history: the January 6 storming of the Capitol,” the filing said.

As of Aug. 6, more than 1,488 defendants have been charged in connection to Jan. 6, according to the Department of Justice.



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