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
Victor Davis Hanson Condemns California’s DEI Hiring In Fire Departments, ‘Not Muscularity, Not Experience,’ Just DEI
From the Daily Caller News Foundation
By Mariane Angela
Victor Davis Hanson, Wednesday on Newsmax, slammed the implementation of Diversity, Equity, and Inclusion (DEI) criteria in fire department hiring practices in California.
During an appearance on “Finnerty,” Hanson said these policies prioritize DEI above essential firefighting qualifications like experience and physical readiness. Hanson said that hiring workers based on DEI led to an ill-equipped workforce in the state.
“The DEI fire chief, 70% of her hires have been based on DEI. Not muscularity, not experience, not size, not competence. The primary criterion was DEI. And so the only… thing that is different about this is that this was not the inner city. This was, as Donald Trump mentioned, and I’ve taught at Pepperdine, I just got back from there. This is the most elite area of California,” Hanson told Rob Finnerty.
Hanson also said that there’s a broader failure in California’s management of natural resources and emergency preparedness.
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“This could have been prevented long-term. We’re letting out all of the water that comes out. 90% of the water from the northern rivers goes out to the sea,” Hanson said. “The aqueduct transfers that water down to LA. They should have had more water. They don’t. The insurance system is completely broken because of overregulation, fraud, and mismanagement by the state. So you cannot buy fire insurance in most cases.”
Hanson said that the systemic failures not only threaten the physical landscape but also risk the financial stability of California’s wealthiest communities, potentially resulting in billions of dollars in losses.
“These are the wealthiest zip codes. And if these people, and many of them didn’t have insurance, even they couldn’t, some of them get insurance. And if this is not going to be rebuilt, they’re going to lose billions of dollars of taxpayers, productive citizens,” Hanson said.
Hanson said there is a need to return to merit-based hiring and sensible state management policies to prevent such disasters in the future.
“And it all could have been prevented had we had meritocratic hiring, had we had plenty water, plenty full of water, if we had a different forest policy, a different firefighting policy, a different insurance policy,” Hanson said.
Actor James Woods also criticized how he said the government handled the crisis as wildfires ravaged Los Angeles. He specifically targeted Democratic California Gov. Gavin Newsom and called him a “blithering idiot.” Woods said the state’s inadequate fire preparedness and response was the result of Newsom’s repeated mismanagement.
Daily Caller
James Woods Smacks Down ‘Blithering Idiot’ Gavin Newsom For Dropping Ball On Forest Management
Amid the wildfires sweeping through Los Angeles, actor James Woods criticized Wednesday on Fox News the government’s handling of the crisis as the state falters in emergency response.
From the Daily Caller News Foundation
By Mariane Angela
As wildfires sweep through Los Angeles and as California falters in its emergency response efforts, actor James Woods appeared on Fox News Wednesday to criticize how the government is handling the crisis.
During an appearance on “The Ingraham Angle,” Woods slammed the government’s response in the city, where residents found fire hydrants dry and their homes ablaze. The actor also criticized how Democratic California Gov. Gavin Newsom has handled the situation. Woods said Newsom is a “blithering idiot” and blamed the governor for what he said was Newsom’s repeated mismanagement of California’s fire preparedness and response.
Woods also directed his attention to Los Angeles Mayor Karen Bass.
“The people in charge, she took over and she put on her bio that her priority, my highest priority is inclusion, diversity, and equity. That is my priority. And somebody forgot to fill all the reservoirs, I guess, with water because when I was getting smoke alarms, there was a fire truck parked in front of my house, but they couldn’t pump any water because there was none, because they didn’t put them in the reservoirs,” Woods said.
The actor drew parallels between the current fire crisis and the recent surge in crime within his community. Woods said he attributed both to a lack of competent leadership.
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“It’s the same we had with all the crime we have in our neighborhood, you know, in Los Angeles. When we had that idiot Gascon, you know, they just didn’t care,” Woods told Laura Ingraham. “Everybody was running loose. They were smashing places. You couldn’t walk down the street, you know?”
Woods also said that Newsom’s administration faltered in fulfilling fundamental responsibilities to California during the wildfire.
“If it is true that things were handled this way, if it is true that Gavin Newsom is the absolute blithering idiot that I believe he is in the way he has handled fire management in this state again and again and again and again, this isn’t a wake-up call,” Woods said. “This is the kind of thing they have tribunals for, where they try people and say, you had an oath of office to perform certain duties. When you’re the fire chief, this isn’t a social justice exercise that you’re in charge of.”
Officials from the Los Angeles Department of Water and Power (LADWP) faced scrutiny as many of their fire hydrants failed during critical fire outbreaks. As firefighters battled widespread blazes that devastated numerous structures, they discovered that numerous hydrants under LADWP’s management had run dry.
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