James Ray Epps Sr. — the guy caught on camera the night before January 6 literally telling people "we need to go into the Capitol" — just had his defamation lawsuit against Fox News thrown out by a Delaware federal court. For the second time. Because apparently losing once wasn't embarrassing enough.
Even the courts are tired of this guy.
Let's rewind. Epps sued Fox News claiming that coverage on Tucker Carlson's show defamed him by raising questions about his role on January 6. You know, the totally unreasonable questions that millions of Americans had after watching the footage. Epps said the coverage ruined his reputation. A federal court dismissed the case in November 2024. So Epps amended his complaint, added new allegations, and tried again.
Fox News filed a second motion to dismiss in January 2025. Briefing dragged through the spring and summer of 2025. And now, on May 10, 2026, U.S. District Judge Jennifer Hall — a Biden appointee, mind you — tossed it again.
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Judge Hall didn't pull any punches. She wrote that "many of the new allegations are conclusory statements and/or legal assertions" and that the amended complaint "does not allege any facts suggesting a plausible inference" that Fox acted with actual malice. She applied the standard from the landmark 1964 Supreme Court case New York Times Co. v. Sullivan, which requires public figures to prove that a media outlet knowingly published false information or acted with reckless disregard for the truth.
Epps couldn't clear that bar. Not even close.
Judge Hall specifically noted that "the allegations do not give rise to a plausible inference that Carlson or anyone else responsible for [the show] subjectively knew that their statements were false." Her conclusion was surgical: "That is not enough to proceed."
The dismissal was brought under Federal Rule of Civil Procedure 12(b)(6) — meaning the court found that even if everything Epps alleged were true, it still wouldn't amount to a viable legal claim. That's not a close call. That's a legal faceplant.
This is now the third recent dismissal of defamation claims against conservative media, following the pattern set after Dominion Voting Systems' settlement. Fox News released a statement saying they were "pleased with these back-to-back decisions from federal courts preserving the press freedoms" that protect journalism.
Let's be clear about who Ray Epps is. He was filmed on the evening of January 5, 2021, urging a crowd to enter the Capitol the next day. When the crowd started chanting "Fed! Fed! Fed!" at him, he backed off. On January 6 itself, he was caught on camera appearing to direct people toward the building. He got a misdemeanor slap on the wrist while hundreds of others who followed the crowd into the Capitol got years in prison.
And then he decided the real injustice was that Fox News talked about it.
The man who whispered people toward the Capitol doors wants us to believe he's the victim. Two federal courts have now said otherwise. The facts are the facts, the footage is the footage, and no amount of lawfare is going to make Americans forget what they saw with their own eyes.
Dismissed. Again. Case closed.