A man named Ray Epps was recorded on Jan. 6, 2021, in Washington, D.C., urging a crowd to march with him and enter the Capitol.
"Okay, folks, spread the word," Epps is heard saying in video footage on the day of the insurrection. "As soon as the president is done speaking we go to the Capitol."
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At other times, however, Epps, who reportedly voted twice for Donald Trump, is seen pleading for calm as the situation turned violent
Epps can be seen moving past a line of Capitol Police at the barricades, the New York Times reported, but never actually goes inside the Capitol.
At least seven deaths have been connected to the attack that saw the seat of the US Congress invaded for the first time since the War of 1812,
To date, Epps has not been indicted, although the Justice Department's investigation into the insurrection has not concluded.
Nevertheless, for over 18 months, Fox News former host Tucker Carlson promoted a conspiracy theory Epps was working as a covert government agent and incited the attack to discredit Trump.
Epps has described himself as a staunch conservative, The Independent reported, who went to Washington believing that the 2020 election had been stolen.
Carlson, who left Fox Corp's (FOXA) -) Fox News network in April, insisted that the lack of charges against Epps meant he was being protected because he was a secret government agent.
There was “no rational explanation,” Carlson said, why this “mysterious figure” who “helped stage-manage the insurrection” had not been charged.
A former Marine, Epps and his wife, Robyn, sold their wedding venue business and ranch, left their home in Arizona and have lived in hiding after allegedly receiving death threats from people who believe the conspiracy theory.
Planning to Sue Fox News
Now lawyers representing Epps and his wife are proceeding with plans to sue Fox News for defamation.
“We informed Fox in March that if they did not issue a formal on-air apology that we would pursue all available avenues to protect the Eppses’ rights,” said Michael Teter, a lawyer for Epps who sent the network a cease-and-desist letter asking for an on-air apology and a retraction.
After Teter did not hear from Fox about his request, he began to prepare the suit.
“That remains our intent,” he told the Times.
The conspiracy theory remains alive and well on social media with many recent Twitter posts maintaining that Epps worked for the government.
“The only ‘insurrectionist’ that is loved by @nytimes,” one person tweeted. “Tells me everything I need to know about agent Epps.”
The case is the latest legal headache for Fox.
Fox Already Settled One Big Lawsuit
In April, Fox agreed to pay $787.5 million as part of a settlement with Dominion Voting Systems over spurious claims of fraud in the 2020 presidential race.
The deal was reached after the jury had been seated and as opening arguments were set to begin in the Delaware court where the case was being tried. Dominion had originally sought $1.6 billion in damages in the case.
Evidence released in the case showed that Fox News ignored its own fact checkers.
A new lawsuit would add to Fox’s lengthy list of legal woes, which includes $2.7 billion suit from a second voting technology company, Smartmatic, and two separate claims by Fox Corp. shareholders.
Another lawsuit from a former producer against Carlson, which Fox settled on June 30 for $12 million, alleged that he condoned and encouraged a toxic workplace.
In a recent podcast, Carlson claimed that the riot “was not an insurrection” and that the crowd that day was “filled with federal agents.”
Fox did not immediately respond to a request for comment,
