Daily Caller
You Might Have Missed It, But Ray Epps’ Lawsuit Against Tucker Went Down In Flames
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From the Daily Caller News Foundation
By Adam Pack
A federal judge dismissed a January 6th defendant’s defamation lawsuit against Fox News and its former primetime TV anchor, Daily Caller co-founder Tucker Carlson on Wednesday.
Delaware Federal District Court Judge, Jennifer Hall, ruled that Carlson’s reporting on Epps was protected under the First Amendment because Epps’ lawyers did not prove Carlson had acted with “actual malice.”
“For the reasons announced from the bench today, it is hereby ordered that Defendant’s Motion to Dismiss for Failure to State a Claim is granted,” Hall, a Biden appointee, wrote.
Members of the corporate media claimed that Epps would win his lawsuit against Fox News and prove Carlson had acted with “actual malice” in his reporting on the Jan. 6 defendant, according to an MSNBC discussion on the defamation case led by former Republican National Committee chairman and MSNBC political analyst Michael Steele on July 16, 2023, following news of Epps’ lawsuit.
“I think what Dominion ushered in this question of actual malice and we saw the $800 million settlement has really ripped open if you will, the opportunity for others to go at Fox News,” former Florida Republican Rep. David Jolly said during the clip.
“They better get out a really big check book because they’re gonna pay heavily,” former Democratic Maryland Rep. Donna Edwards also said.
Judge Hall, however, sided with Fox News’ lawyers and dismissed the lawsuit before it could proceed to trial.
“It is especially clear that any conclusions were only opinions, because the statements were replete with ‘cautionary language’ that signal opinion and interpretation,” Fox News’ lawyers wrote in a memorandum in support of the network’s motion to dismiss Epps’ lawsuit. “In one segment, after showing a video of Plaintiff, Mr. Carlson squarely stated: ‘Once again, you can draw whatever conclusions you like from that video. We have ours and we shared them with you’. Fox opinion hosts were clearly providing their interpretations that listeners could accept or reject based on their own assessment of the fully disclosed facts.”
“First amendment protection for such commentary is essential for our democracy,” the memorandum also stated.
“Epps and his wife have clearly been through a nightmare of threats and innuendo,” Jonathan Turley, Fox News legal commentator wrote on his personal website following the judge’s ruling. “However, this public controversy was discussed by various networks and the Jan. 6th Committee. It was also a matter of legitimate public debate and commentary, with people on both sides expressing their views on the evidence and underlying allegations.”
Epps sued Fox News in July 2023 following Carlson’s comments that suggested Epps may have been a government agent after video footage surfaced showing him the night before Jan. 6, 2021, encouraging Trump supporters to go inside the Capitol the next day, leading to speculation that he may have been an FBI informant.
“We’re far beyond that. In fact, tomorrow—I don’t even like to say it because I’ll be arrested—we need to go into the Capitol. We’re here to defend the Constitution,” Epps could be heard saying in the video.
“I’m going to put this out there. I’m probably going to jail for it. Tomorrow, we need to go into the Capitol. Into the Capitol. Peacefully,” Epps added. Someone in the crowd responded by calling Epps a “fed,” the video showed.
Chief Judge of the U.S. District Court for the District of Columbia James Boasberg sentenced Epps to just 12 months probation on Jan. 9, three years after Epps encouraged Trump supporters to storm the U.S. Capitol.
Other Jan. 6 defendants received much longer sentences than Epps. Department of Justice (DOJ) prosecutors offered Epps a misdemeanor plea deal for cooperating with federal authorities and expressing remorse for his actions, and recommended he serve six months in jail for his conduct on and preceding the Jan. 6 riot. Epps was sentenced to twelve months probation in January.
“It’s amazing Ray Epps gets mere probation after there is video evidence he helped incite the January 6th riot, while Trump supporters get sent to prison for months — even years — for trespassing and taking selfies on the Senate floor,” Mike Davis, founder and president of the Article III Project previously told the DCNF. “The FBI protects its own.”
Carlson also accused Epps of lying in his testimony to the January 6th Committee.
“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,” Fox News told the Daily Caller News Foundation in a written statement.
Epps’ lawyer did not immediately respond to the DCNF’s request for comment.
Daily Caller
NEWT GINGRICH: Europe’s Elites Were Finally Told To Take A Look In The Mirror
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From the Daily Caller News Foundation
By Newt Gingrich
In an amazing show of courage, Vice President J.D. Vance offered an intervention for some of our European allies.
That is the best way to think of the two historic speeches he made in France and Germany last week.
In Paris, Vice President Vance pledged the United States would do whatever it takes to lead the world in the development of Artificial Intelligence. He went on to assert that Europe’s automatic response to regulate technological change rather than adapt to it was doomed to fail.
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Vance warned the Europeans that the Trump administration would retaliate to protect American high-tech companies from being fined and regulated by the European community.
Then, Vance went to the Munich Security Conference. It is the annual meeting of European leaders concerned about defense and threats to peace. The Vice President shocked the Europeans by launching a frontal assault on the decay of their political system.
As Vance put it:
“But while the Trump administration is very concerned with European security and believes that we can come to a reasonable settlement between Russia and Ukraine, and we also believe that it’s important in the coming years for Europe to step up in a big way to provide for its own defense, the threat that I worry the most about vis-à-vis Europe is not Russia, it’s not China, it’s not any other external actor. And what I worry about is the threat from within, the retreat of Europe from some of its most fundamental values — values shared with the United States of America.”
He then went through a litany of specific complaints about the behavior of different European countries. They ranged from failing to control immigration, suppressing free speech, and Brussels seeking to control and define futures of independent countries such as Hungary and Romania.
The leading French newspaper, Le Monde (their equivalent of the New York Times) asserted that the American Vice President was declaring “ideological war on Europe.”
Le Monde was right. The European elites have been decaying for at least two generations. They hide behind their privileged status and take ideological positions that feel good but are destructive. Europe’s failures are devastating for most everyday Europeans.
I have personal knowledge about this. I have a Ph.D. in Modern European History – and I have lived in France, Germany, Belgium and Italy. As a young Army dependent, we were living in France when the French Army came back from Algeria, killed the French Fourth Republic and brought back General Charles de Gaulle to establish the Fifth Republic.
It is now the longest serving non-royal government in French history.
The European elites value each other’s opinions more than they value serving the people of Europe. The European elites live in a fantasy world of green policies that destroy industries and jobs, welfare policies which destroy the work ethic, and immigration policies which undermine the popular culture. They simply hope for a peaceful world without a strong military.
Meanwhile, state enforced speech codes protect Islamic extremists at the expense of local citizens.
The result has been a steady decline of European culture, economic development, and defensive capacity.
The Afghan Islamist who wounded more than two dozen people and killed a mother and her two-year-old daughter with a car two days before the supposed security conference signals the willful avoidance of reality at the heart of the elite European worldview.
To be clear, I admire European civilization. I believe America is far stronger and safer if Europe is healthy and capable of growing and defending itself.
I hope vice president Vance’s intervention at least starts European elites thinking about what must be done to revive their continent.
For more commentary from Newt Gingrich, visit Gingrich360.com. Also subscribe to the Newt’s World podcast.
armed forces
Trump fires chairman of Joint Chiefs of Staff, appoints new military leader
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From the Daily Caller News Foundation
By Mariane Angela
President Donald Trump announced Friday the dismissal of General Charles Brown, the current Chairman of the Joint Chiefs of Staff.
In a post on Truth Social, Trump expressed his gratitude toward Brown for his extensive contributions and leadership, wishing him and his family a prosperous future. Brown’s departure marks a pivotal moment in U.S. military leadership following over 40 years of service.
“I want to thank General Charles “CQ” Brown for his over 40 years of service to our country, including as our current Chairman of the Joint Chiefs of Staff. He is a fine gentleman and an outstanding leader, and I wish a great future for him and his family,” Trump wrote.
Simultaneously, Trump introduced his nominee for Brown’s successor.
“Today, I am honored to announce that I am nominating Air Force Lieutenant General Dan “Razin” Caine to be the next Chairman of the Joint Chiefs of Staff. General Caine is an accomplished pilot, national security expert, successful entrepreneur, and a “warfighter” with significant interagency and special operations experience,” Trump said.
Trump said Caine’s appointment comes after he was overlooked for advancement during former President Joe Biden’s presidency.
“General Caine was passed over for promotion by Sleepy Joe Biden. But not anymore! Alongside Secretary Pete Hegseth, General Caine and our military will restore peace through strength, put America First, and rebuild our military,” Trump said. President Trump also announced plans to appoint five additional senior military officials, tasks he has delegated to Secretary Hegseth.
It was reported Thursday that Hegseth plans to dismiss Brown as part of President Trump’s commitment to eliminate “wokeness” from the military. Brown reportedly appears on a list of proposed removals submitted to Congress.
Brown had previously expressed his wish to retain his position even after Trump took office, and according to sources speaking to NBC News in Dec. 2024, Trump seemingly moderated his views on the general. Biden nominated Brown as chairman in 2023, and despite a heated confirmation hearing where senators scrutinized his alleged implementation of racial quotas in Air Force hiring practices, he was confirmed.
Meanwhile, Brown’s replacement, Caine, took office as the associate director for Military Affairs at the CIA on Nov. 3, 2021, after serving as the director of Special Programs at the Pentagon. Lt. Gen. Dan Caine, an F-16 pilot with extensive experience including over 150 combat hours, was commissioned in 1990 and has held numerous key roles, from the White House staff to special operations, and balances his military career with entrepreneurial ventures.
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