'No factual allegations': Fox News seeks dismissal of Ray Epps’ attempt to revive lawsuit

Attorneys for Fox News asked a federal judge on Friday to throw out former Oath Keeper Ray Epps’ effort to resurrect his blockbuster defamation lawsuit against the network over a Tucker Carlson special about the Jan. 6 attack, where he spread false conspiracy theories.

Epps, a Trump supporter who pleaded guilty for his role on Jan. 6, argued in his December amended complaint that Fox News concocted a “fantastical story” that convinced viewers he was actually an undercover FBI agent responsible for the violent mob that broke out during the Capitol riot protests.

It was not only not true, but it also destroyed his life and forced him into hiding – which he seeks damages for, according to his amended complaint.

But Epps’ attempt to revive his defamation allegations, which were dismissed in November, fails to raise any new claims that haven’t already been introduced to the court – and rejected.

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“The Amended Complaint adds no factual allegations at all to bolster Plaintiff’s erroneous actual malice theories based on Fox’s supposed economic motive, the inherent implausibility of the statements about Plaintiff, or the lack of a retraction,” Fox News attorney John L. Reed of DLA Piper LLP wrote in his motion dismiss.

“The amended complaint should be dismissed for failure to state a claim,” he concluded in the 26-page legal filing.

The attorney pointed out throughout the motion that Epps’ new allegations would “reinforce the same conclusion” of the court’s dismissal.

“The Court rightly dismissed Plaintiff’s claims for defamation and false light for failure to allege actual malice, and nothing in the Amended Complaint fixes that defect,” the attorney wrote.

Epps’ case has been working its way through the federal court system since July 2023. He claims Fox’s portrayal of him through its “false statements” caused him “significant damages,” including death threats, harassment and “financial ruin.”

Epps seeks actual, economic and punitive damages "because Fox’s defamatory statements were accompanied with malice, wantonness, and a conscious desire to cause injury," according to his amended complaint.