Ray Epps, the controversial figure who was captured on video encouraging protesters to enter the Capitol on January 6, 2021, will face criminal charged for his part in the Capitol storming, according to Epps’ attorney.
The impending charges were revealed in a lawsuit against Fox News, which Epps filed on Wednesday accusing the network and former host Tucker Carlson of defamation, which Epps believes ultimately led to the criminal charges.
“Finally, in May 2023, the Department of Justice notified Epps that it would seek to charge him criminally for events on January 6, 2021—two-and-a-half years later,” the lawsuit stated. “The relentless attacks by Fox and Mr. Carlson and the resulting political pressure likely resulted in the criminal charges.”
Video of Epps calling for protesters to enter the Capitol was widely circulated in the wake of Jan. 6. Unlike hundreds of other Americans who were at the Capitol that day, Epps has not been arrested or charged with a crime.
Many Americans, including lawmakers like Rep. Matt Gaetz (R-Fla.) and Sen. Ted Cruz (R-Texas), have questioned Epps’ role in the storming and whether the apparent provocateur was working for the FBI.
On Wednesday, FBI Director Christopher Wray was questioned about Epps during a hearing before the House Judiciary Committee.
“I’m not going to engage here in a discussion about individual people who are or are not going to be prosecuted,” Wray responded.
Epps previously addressed the videos in an appearance on CBS’ “60 Minutes,” saying, “I said some stupid things. My thought process, we surround the Capitol, we get all the people there. I mean, I had I had problems with the election. It was my duty as an American to peacefully protest, along with anybody else that wanted to.”
Host Bill Whitaker also asked Epps if “anyone from the federal government” or the FBI directed him on Jan. 6, 2021.
“No,” Epps responded.
