Experts say conservative network Fox News could face a “a fairly strong” lawsuit from a man who Tucker Carlson repeatedly accused of working as a government agent and carrying out the January 6 insurrection.
Carlson, who was fired from the network in April, repeatedly alleged that Ray Epps was a secret government agent who coordinated the January 6 riots, the New York Times reported.
Epps, a Trump supporter and former marine, has been at the center of a far-right conspiracy theory after an article by a rightwing website argued that he was spared from criminal charges because of his covert role.
Carlson and other rightwing figures, including members of Congress, have latched onto the false theory that Epps was a government agent involved in whipping up the January 6 attack.
In almost 20 episodes of his talkshow, Carlson reiterated the conspiracy theory that Epps was an undercover operative who “helped stage-manage the insurrection”.
Carlson repeatedly argued that Epps was recorded on camera urging others to enter the Capitol, but never entered the building himself.
In one 10-minute video posted to YouTube, Carlson claimed that it was “highly strange” that Epps hadn’t been arrested and alluded that the Times’ coverage on Epps was attempting to “cover something up”.
Epps has been questioned by the January 6 committee, and could still face charges as the investigation continues, the Times reported. He and his wife have received death threats and fled from their home in Arizona, fearing for their safety, according to the Associated Press.
Michael Teter, a lawyer representing Epps, sent Fox News network a cease-and-desist letter, demanding an on-air apology and a retraction of the conspiracy theory, the Times reported.
Teter told the Times that Fox did not respond to their suit, and a lawsuit is being prepared against the network.
Experts have said that Epps’ potential case against Fox News could have standing and become a real issue for the conservative news network.
David D Lin, an attorney at Lewis and Lin LLC Internet Law Counsel, told the Guardian that Epps’ lawsuit against Fox could be viable and present a potential issue for the network.
“I think there is a lot of potential risk here to Fox and they need to take the claims very seriously,” said Lin to the Guardian, adding that Carlson could be personally liable depending on if the lawsuit includes him.
Siddartha Rao, a lawyer at Romano Law PLLC, called the potential suit “a fairly strong claim”.
“Based on the facts that have been reported, I think it’s gonna look like Tucker Carlson at least recklessly disregarded the truth when he made his statements about Mr Epps,” said Rao, adding that Epps will have to demonstrate how his reputation has been damaged by the theories.
Rao noted that given that Epps did attend the January 6 riots, the focus of his legal team may be on Carlson’s conspiracy theory of Epps’ being a federal agent.
Unlike Dominion, which is a business, Epps is a private individual who will have to meet a lower standard for defamation suits compared to a public figure or government official, said Lin.
“In a sense, it could be much easier for him to pursue a defamation claim against Fox News,” said Lin, adding that Epps needs to prove the statements made on Fox are false and caused damage to his reputation and financial damage.
Lin added that if a lawsuit moves forward, Fox News could argue that statements made about Epps were an opinion or that the claims would be regarded as obviously false to listeners.
Rao noted that while the lawsuit will likely be against Fox, Carlson could face consequences as an individual, depending on his arrangement with Fox.
“There might be claims from Fox to come out against Carlson,” said Rao, given that the alleged defamation happened during his show.
Fox News and Tucker Carlson could not be reached by the Guardian for an immediate comment.
