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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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Musk Quietly Inserts DOGE Across Federal Agencies In Move That Could Uproot $162,000,000,000 Govt Industry

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From the Daily Caller News Foundation

By Emily Kopp

As federal employees launched protests of entrepreneur Elon Musk’s disruption of federal agencies last week, the Office of Personnel Management quietly released a memo shoring up the formal structure of the Department of Government Efficiency (DOGE).

An OPM memo dated Feb. 4 seeks the redesignation of chief information officers across the government from career positions to political appointees. OPM has recommended that every agency send a request to OPM to reclassify its CIO role from career reserved to “general” by Feb. 14.

The new CIO positions will be working with DOGE, a source familiar confirmed to The Daily Caller News Foundation.

The new memo gives the greatest detail about how DOGE will operate within the federal government since a Jan. 20 executive order. Yet it has been entirely overlooked by the legacy press, which has relied largely on career officials within the government who characterize DOGE’s actions as extra-governmental. Democrats like New York Rep. Alexandria Ocasio-Cortez have sought to portray the effort as a “coup.”

However, the memo shows that DOGE is attempting to regularize its operations within the federal government.

“It is a focus of President Trump’s administration to improve the government’s digital policy to make government more responsive, transparent, efficient, and accessible to the public, and to make using and understanding government programs easier,” the memo reads.

Unlike most major institutions, the federal government has no central IT department. InsteadIT responsibilities are dispersed across federal agencies which in turn spend billions on contractors and disparate artificial intelligence technologies. Musk’s housecleaning could reshape this $163 billion industry.

DOGE is the renamed U.S. Digital Service. The U.S. Digital Service is a small office within the White House created to build the health care exchanges under the Affordable Care Act and advises on technical strategy. How the DOGE office in the Eisenhower Executive Office Building will liaison with CIOs throughout the government is not yet clear.

Washington Post report revealed Monday that Edward Coristine, the 19-year-old DOGE team member known online as “Big Balls,” has been stationed at the State Department’s Bureau of Diplomatic Technology. The Bureau of Diplomatic Technology provides IT services.

The memo states that the new DOGE-aligned CIOs will take on a major role in public policy on technology.

The memo gives some insight into what they will prioritize, like improving government procurement policies and privacy, and deprioritize, namely diversity, equity and inclusion (DEI) initiatives.

“Poor technology-procurement policies can endanger property and privacy rights. Inadequate security policies can lead to vulnerabilities and hacks,” it states. “Emphasis on policies like [Diversity, Equity, Inclusion, and Accessibility] siphons labor and resources from other core government objectives.”

The Biden administration helped lay the groundwork for the change. Two earlier OPM memos cited in the Feb. 4 memo broadened the authority of government appointees to look outside of government for highly technical roles, including one released in the final months of the last administration.

2018 OPM memo under the first Trump administration noted “severe shortages of candidates and/or critical hiring needs” for STEM and cybersecurity. A September 2024 memo released under the Biden administration noted that “severe shortage of talent” in cybersecurity and other high-tech sectors persisted.

The new memo states that moving certain CIO positions away from career positions could help to alleviate it by dramatically increasing the number of candidates available to fill these important roles.

The move is in keeping with public statements about DOGE made by Musk and former DOGE co-lead and potential Ohio gubernatorial hopeful Vivek Ramaswamy about improving the federal government’s tech infrastructure, including examining the vendors the U.S. government works with and the fact that these systems don’t communicate across agencies.

Musk’s biography on his website X reads “White House Tech support.”

“My preferred title in the new administration is Volunteer IT Consultant,” Musk wrote on X on Dec. 9. “We can’t make government efficient & fix the deficit if the computers don’t work.”

“The federal government is the world’s largest IT customer… In theory, this *should* give us great buying power to negotiate good deals for taxpayers, but of course that’s not what happens,” Ramaswamy said on Dec. 5. “If the federal government were serious about reducing costs, it would procure government-wide licenses.”

Despite the intense focus on DOGE, there has been little discussion of the federal government’s existing methods for managing data and records.

The top five contractors on IT together took in $45 billion in 2024, according to Washington Technology, a trade publication that uses federal procurement data, USASpending.gov and company Security and Exchange Commission filings.

Musk’s SpaceX was the 39th largest federal contractor in government technology at approximately $1 billion. That represents about one third of Musk’s reported $3 billion in contracts with the U.S. government. Musk’s contracts in IT include the delivery of Starlink satellite internet units and services to national and state parks and the State Department, and the provision of a satellite network called Starshield to the U.S. Space Force.

While Musk’s potential conflicts have been in the spotlight, all of the top five current contractors on government IT have either a former government official or member of Congress on their boards of directors, and sometimes multiple government officials. They include a former admiral, a former Pentagon acquisitions officialjoint chiefs of staff leadership, a former deputy secretary of defense, and a former chair of the Armed Services Committee.

In addition, all of these companies use various artificial intelligence technologies across all of their federal contracts, many of them non-open source.

Musk and DOGE were dealt a setback on Saturday when District Judge Paul Engelmayer ordered a temporary stop on DOGE’s work with U.S. Treasury data, citing cybersecurity concerns. The suit was filed by New York Attorney General Letitia James and 18 other state attorneys general.

A Washington Post story reported Friday night that Booz Allen Hamilton had described the DOGE team’s access to Treasury data — reportedly “read only” access that doesn’t allow for data manipulation — as “the single greatest insider threat risk the Bureau of Fiscal Services has ever faced.”

The company put out a statement hours after the assessment became public.

“Booz Allen did not conduct a threat assessment or make recommendations regarding DOGE,” a statement read. “Commentary provided in a draft document by a subcontractor contained unsubstantiated personal opinions. … Booz Allen has terminated the subcontractor.”

Booz Allen Hamilton is the government’s fourth largest contractor on IT issues, taking in $8.2 billion in 2024.

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Daily Caller

Kevin O’Leary Says Trump’s Tariffs A Gateway To US-Canada Economic Unity

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From the Daily Caller News Foundation

By Mariane Angela

‘It’s The Beginning Of A Giant Negotiation’

“Shark Tank” co-star Kevin O’Leary said Monday on Fox Business that President Donald Trump’s looming tariff on steel and aluminum imports have broader implications for US-Canada relations.

During an appearance on “The Evening Edit,” O’Leary discussed the impact of tariffs as the start of significant negotiations. He said there is potential for broader economic integration between the U.S. and Canada. Trump plans to impose tariffs of 25% on imports from Mexico and Canada, along with an additional 10% tariff on Canadian oil, natural gas, and electricity. Despite these significant figures, Trump has imposed only a 10% tariff on oil, the cheapest U.S. imports. O’Leary said this is merely the opening move in what could be a transformative economic negotiation.

“So all of this to me, if you separate the signal from the noise, forget the noise. The signal is, let’s get an economic union together,” O’Leary said. O’Leary said there is a global uproar over the U.S.’s proposed 25% tariffs and the reciprocal tariffs from countries like India, which have set their tariffs on some U.S. products at up to 23%.

“Those are two different baskets. Obviously, the one that people are talking about quite a bit tonight is India. They’ve got certain product services in different sectors, up to 23%. Now we’re going to have reciprocal tariffs in the U.S. against them. [Indian Prime Minister Narendra] Modi will immediately fly to Washington. The negotiations will begin,” O’Leary said.

O’Leary, however, said Canada’s situation differs from others.

“It’s the same everywhere. The Canadian situation is unique. Almost the entire 200 million deficit that the president’s talking about comes from one single source. That’s energy coming out of Irving Refineries on the east coast down to Boston, and all of that oil, 4.3 million barrels a day coming in at Alberta into the west,” O’Leary said. “And so that’s the most inexpensive oil [that] the U.S. imports. That’s why he only put a 10% tariff on it. But it’s the beginning of a giant negotiation. Aluminum, 70% of aluminum comes in the U.S. It’s made in Canada for one singular reason.”

While some skeptics doubt Canada’s willingness to merge economies, a growing number of Canadians, O’Leary said, are open to exploring such a possibility.

“What is on the table that now 43% of Canadians want to explore more of? Forget all these tariffs. Let’s join the two economies, become a behemoth, common currency perhaps, and then take on China,” O’Leary added. “I mean, that’s really what we’re talking about here. We’re talking about the security of the north, not the 49th parallel.”

When asked about what the U.S. could gain from such tariffs beyond economic leverage, O’Leary said it’s about the broader geopolitical benefits:

“Let me assure you that 11 out of 10 Canadians would rather trade their Trudeau pesos for American dollars. They already have American dollar accounts. Trudeau has wiped out 41% of their net worth the last nine years. They want an economic union because it’s good for business. Everybody understands that. The two countries are so intertwined, and they both believe in democracy and free speech and freedom and all the rest,” O’Leary said.

O’Leary was asked what can Trump get for the American consumer and the American voter in return for these tariffs.

“Security on energy,” O’Leary said.

“Alberta has five times more oil and gas than the entire United States. Complete security on uranium, aluminum, all of the incredible resources Canada has with only 41 million people there and access to it in a free flow. No tariffs.”

Trump aggressively employed tariffs to coerce Canada and Mexico into making concessions aimed at resolving the crisis at the southern border. In response, Canada has committed to bolstering security along its northern border, while Mexico has agreed to station 10,000 National Guard troops at the border.

During former President Joe Biden’s tenure, approximately 8.5 million migrants were encountered at the U.S.-Mexico border, and this period also saw an increase in fentanyl seizures, primarily driven by Chinese chemical companies. Meanwhile, even though less frequent, illegal crossings at the northern border also surged during the Biden administration.

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