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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.

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Automotive

Tesla Vandals Keep Running Into The Same Problem … Cameras

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From the Daily Caller News Foundation

By Hudson Crozier

People damaging Teslas in anger toward their owners and Elon Musk aren’t picking up on the fact that the vehicles have multiple cameras capable of catching them in the act.

At least nine perpetrators have been caught on video keying, writing graffiti or otherwise defacing Tesla vehicles in parking lots across the U.S. in the month of March alone. Most have led to an arrest or warrant based partly on the footage, which Tesla’s “Sentry Mode” automatically films from the side of the unattended vehicle when it detects human activity nearby.

“Smile, you’re on camera,” Tesla warned in a March 20 X post about its Sentry Mode feature. Musk’s company has been working to upgrade Sentry Mode so that the vehicles will soon blast music at full volume when vandals attack it. The camera system, however, has not stopped an increasing number of vandals from singling out Tesla owners, usually in protest of Musk’s work in the Trump administration for the Department of Government Efficiency (DOGE).

One incident happened on March 29, the same day leftists coordinated protests around the country for a “Global Day of Action” against Musk. That Saturday also saw alleged instances of violence at protests. The demonstrations stemmed from an online call to action by groups such as the Disruption Project, which encourages activists to foment “uprisings,” find a “target’s” home address and other confrontational tactics.

Tesla’s press team did not respond to a request for comment.

One man allegedly caught on camera keying a Tesla SUV on March 24 apologized to the owner who confronted him in a parking lot in Pennsylvania, police and media reports said. The man faces charges of criminal mischief, harassment and disorderly conduct for allegedly carving a swastika onto the vehicle.

“I have nothing against your car, and I have nothing against you,” the suspect said while the owner filmed him in the parking lot. “Obviously, I have something against Elon Musk.” The man called his own behavior “misguided.”

The defendant’s lawyer told Fox News his “client is a proud father, long-time resident, and is currently undergoing cancer treatment” and that he would not comment publicly “pending the outcome of the case.”

One of the most aggressive acts caught by Sentry Mode was in the case of a man who drove an ATV-style vehicle into a Tesla on March 25. Texas police identified the man as Demarqeyun Marquize Cox, arrested him and said he allegedly gave two other nearby Teslas the same treatment while also writing “Elon” on them. The public defender office representing Cox did not respond to a voicemail from the Daily Caller News Foundation.

Tesla cameras also caught three other people in FloridaTexas and Arizona keying and smearing bubble gum on the vehicles in March. The three suspects named by police do not have attorneys listed in county records available for contact.

Many of the vandalism cases since Trump’s return have reportedly caused thousands of dollars in damage for individual owners. For example, the bubble gum incident in Florida brought $2,623.66 in costs, while another keying incident in Minnesota brought $3,200.

Some reported attacks on Tesla vehicles and chargers have gotten the attention of federal law enforcement, including cases of alleged firebombing or shooting.

Two other suspected vandals in New York, one in Minnesota and one in Mississippi have reportedly avoided arrest for now — with one owner declining to press charges — but were all seen on the Teslas’ cameras scratching up the vehicles. Police identified the Mississippi suspect as an illegal migrant from Cuba.

One Tesla owner in North Dakota ridiculed a man who allegedly carved the letter “F” into his Cybertruck in a Costco parking lot — as seen on the Cybertruck’s camera. The defendant faces charges of criminal mischief, and county records say he is representing himself in court.

“I can’t believe this guy is potentially ruining his life to follow a political ideology,” the owner told WDAY News.

“If you’re going to vandalize these vehicles, you’re going to get caught,” the owner said.

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Daily Caller

AI Needs Natural Gas To Survive

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From the Daily Caller News Foundation

By David Blackmon

As recent studies project a big rise in power generation demand from the big datacenters that are proliferating around the United States, the big question continues to focus in on what forms of generation will rise to meet the new demand. Most datacenters have plans to initially interconnect into local power grids, but the sheer magnitude of their energy needs threatens to outstrip the ability of grid managers to expand supply fast enough.  

This hunger for more affordable, 24/7 baseload capacity is leading to a variety of proposed solutions, including President Donald Trump’s new executive orders focused on reviving the nation’s coal industry, scheduled to be signed Tuesday afternoon. But efforts to restart the permitting of new coal-fired power plants in the US will require additional policy changes, efforts which will take time and could ultimately fail. In the meantime, datacenter developers find themselves having to delay construction and completion dates until firm power supply can be secured. 

Datacenters specific to AI technology require ever-increasing power loads. For instance, a single AI query can consume nearly ten times the power of a traditional internet search, and projections suggest that U.S. data center electricity consumption could double or even triple by 2030, rising from about 4-5% of total U.S. electricity today to as much as 9-12%. Globally, data centers could see usage climb from around 536 terawatt-hours (TWh) in 2025 to over 1,000 TWh by 2030. In January, a report from the American Security Project estimated that datacenters could consume about 12% of all U.S. power supply. 

Obviously, the situation calls for innovative solutions. A pair of big players in the natural gas industry, Liberty Energy and Range Resources, announced on April 8 plans to diversify into the power generation business with the development of a major new natural gas power plant to be located in the Pittsburgh area. Partnering with Imperial Land Corporation (ILC), Liberty and Range will locate the major power generation plant in the Fort Cherry Development District, a Class A industrial park being developed by ILC.   

“The strategic collaboration between Liberty, ILC, and Range will focus on a dedicated power generation facility tailored to meet the energy demands of data centers, industrial facilities, and other high-energy-use businesses in Pennsylvania,” the companies said in a joint release.  

Plans for this new natural gas power project follows closely on the heels of the March 22 announcement for plans to transform the largest coal-fired power plant in Pennsylvania, the Homer City generating station, into a new gas-fired facility. The planned revitalized plant would house 7 natural gas turbines with a combined capacity of 4.5 GW, enough power 3 million homes.  

Both the Homer City station and the Fort Cherry plant will use gas produced out of the Appalachia region’s massive Marcellus Shale formation, the most prolific gas basin in North America. But plans like these by gas companies to invest in their own products for power needs aren’t isolated to Pennsylvania.  

In late January, big Permian Basin oil and gas producer Diamondback Energy told investors that it is seeking equity partners to develop a major gas-fired plan on its own acreage in the region. The facility would primarily supply electricity to data centers, which are expected to proliferate in Texas due to the AI boom, while also providing power for Diamondback’s own field operations. This dual-purpose approach could lower the company’s power costs and create a new revenue stream by selling excess electricity.  

Prospects for expansion of gas generation in the U.S. received a big boost in January when GE Vernova announced plans for a $600 million expansion of its manufacturing capacity for gas turbines and other products in the U.S. GE Vernova is the main supplier of turbines for U.S. power generation needs. The company plans to build 37 gas power turbines in 2025, with a potential increase to over 70 by 2027, to meet rising energy demands. 

The bottom line on these and other recent events is this: Natural gas is quickly becoming the power generation fuel of choice to feed the needs of the expanding datacenter industry through 2035, and potentially beyond. Given that reality, the smart thing to do for these and other companies in the natural gas business is to put down big bets on themselves. 

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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