Daily Caller
You Might Have Missed It, But Ray Epps’ Lawsuit Against Tucker Went Down In Flames
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
Daniel Penny Stands By His Actions, Says He’d Face Court ‘Million’ Times To Save Others
Former Marine Daniel Penny said Tuesday that he stands by his actions, despite enduring years of harsh criticism. (Screenshot/Fox News)
From the Daily Caller News Foundation
By Mariane Angela
Former Marine Daniel Penny said Tuesday that he stands by his actions on a New York City subway, despite enduring years of harsh criticism.
During an interview with Judge Jeanine Pirro on “The Five,” Penny revealed his motivations and said he intervened to prevent potential harm as he prioritizes the safety of others over his personal comfort with the public and media attention. He added that he would endure a “million court appearances and the hatred and name-calling that comes with them” if it meant preventing even one person from coming to harm.
“This type of this is very uncomfortable. All this attention and limelight is very uncomfortable. I would prefer without it. I didn’t want any type of attention or praise.. and I still don’t. The guilt I would have felt if someone did get hurt if he did do what he was threatening to do, I would never be able to live with myself,” Penny told Pirro when she asked him what made him choose to get involved.
Penny also touched on the broader implications of his experience and criticized the policies of liberal city leaders, which he believes contributed to the subway incident.
“These public officials would do something so self-serving… These political gain, I mean these are their policies and I don’t mean to get political or make enemies, although I guess I have already,” Penny said.
A Manhattan court found Penny not guilty on Monday after the jury dismissed a charge of second-degree manslaughter last week when they could not reach a unanimous verdict. Penny subdued 30-year-old Jordan Neely in May 2023 with a chokehold after Neely began exhibiting erratic behavior on a New York City subway.
Law enforcement sources and witnesses on the F train described Neely as yelling and acting unpredictably, prompting passengers to feel threatened. According to prosecutors, Penny maintained the chokehold on Neely for around six minutes.
Penny’s lawyer, attorney Thomas Kenniff, previously said he was confident that a Manhattan jury would focus solely on the facts, not racial issues, despite a recent refusal to dismiss the case.
Business
Big Tech’s Sudden Rush Into Nuclear Is A Win-Win For America
From the Daily Caller News Foundation
By David Blackmon
The U.S. power-generation sector has been hit in recent weeks with story after story about Big Tech firms entering into deals with power providers or developers to satisfy their electricity needs with nuclear generation.
Here are some examples:
—In mid-October, Google said it had entered into an agreement to purchase power for its data center needs from Kairos Power, a developer of small modular reactors (SMRs).
—A couple of weeks earlier, Microsoft and Constellation completed a deal that would involve the restart of Unit 1 at the Three Mile Island facility in Pennsylvania to power that company’s needs.
—On Dec. 3, Meta issued a request for proposals to nuclear developers to provide up to 4 gigawatts (GW) of electricity to power data centers and AI no later than the early 2030s.
—Perhaps the most extensive development of all came two days after Google’s announcement, when Amazon announced it has entered into deals to support the development of Small Modular Reactors (SMRs) with three developers in three different regions of the country.
So, what’s going on here? Aren’t all these Big Tech companies supposed to be totally bought into the climate-alarm narrative, a narrative that claims wind and solar are the only real “clean” energy solutions for power generation? Aren’t we constantly bombarded by boosters of those non-solutions that they are able to reliably provide uninterrupted electricity if backed up by stationary batteries?
Certainly, that has been the case in the past — few corporations could hope to match the volume of virtue signaling about green energy we have seen from these tech companies in recent years. That was all fine until, apparently, the AI revolution came along.
AI is an enormous power hog, one that these and other Big Tech firms must now rapidly adopt to remain competitive.
The trouble with AI and the data centers needed to make it go is that it requires the reliable, constant injection of electricity 24 hours a day, 7 days a week, 365 days every year. While these Big Tech firms would no doubt love to be able to virtue signal about sourcing their power from wind and solar backed up by enormous banks of batteries, each and every one of them has assessed that option and realized it cannot reliably fill their needs.
Thus, the recent rush to nuclear. After all, once they’ve been built and placed into service, nuclear reactors are a very real zero emissions power source. And unlike wind and solar, nuclear plants do not have to be backed up by an equal amount of generation capacity provided by another fuel, consisting most often of natural gas plants. Nuclear reactors are basically the Energizer Bunnies of power generation: They just keep going and going.
Another big advantage nuclear brings over renewables is the avoidance of the need to invest in massive new transmission networks. This is especially true of SMRs, which can be installed directly adjacent to the contracting data centers. By contrast, wind generation installations must be located in areas where the wind reliably blows. Such areas are often hundreds of miles away from big demand centers, as has been the case in Texas.
Where solar is concerned, the provision of multiple gigawatts (GWs) of generation capacity can require the condemnation of hundreds of acres of land, often thousands. The stationary battery centers for 1 GW of solar or wind would require another large swath of land to be condemned. By contrast, the land footprint for a pair of 500 megawatt (MW) SMRs would amount to no more than a few acres.
Where the deal between Microsoft and Constellation is concerned, sourcing power from an older generation nuclear plant like Three Mile Island will involve interconnecting into an already extant transmission system, though some upgrades and extensions will no doubt be required.
This sudden rush to nuclear by some of the largest companies in the country will benefit all Americans. The massive infusion of capital will accelerate development of SMRs and other advanced nuclear tech, pressure policymakers to modernize antiquated nuclear regulations, and to streamline Byzantine permitting processes that currently inhibit all forms of energy development.
It is a win-win situation for all of us.
David Blackmon is an energy writer and consultant based in Texas. He spent 40 years in the oil and gas business, where he specialized in public policy and communications.
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