I wish I had a nickel for every time a MAGA told me that Ray Epps was “definitely” a “Fed.” I’d be a very rich man right now. I’d probably have more money than Elon Musk has lost.
Central to their theory was that Ray Epps, the night before January 6th, is on video encouraging people to go into the Capitol. In the MAGA edited version of the video, where he adds “peacefully,” is generally excluded. Epps is also on tape with another rioter, Ryan Samsel, who is agitating to break through police barriers. Epps claims he told Samsel to “relax, the cops are just doing their job.” Samsel said the same, until changing his story.
Epps did not go into the Capitol. However, he did enter restricted grounds around the Capitol and involved himself with the mob push on the West Plaza, to include being one of many hands pushing on an enormous Trump sign against police. It’s that which got him charged.
Prosecutors charged him as part of a deal where he pled guilty. In a sentencing memorandum today prosecutors recommended six months in jail, the maximum of the sentencing guidelines.
Prosecutors acknowledge that on at least five occasions (not counting the one with Samsel) Epps attempted to deescalate conflicts with police, urging protesters to let the cops do their jobs.
Epps could not be charged with incitement for his comments the night before. Those lacked the requirement from Brandenberg v. Ohio that speech is protected unless calculated to immediately result in a breach of peace. However, those comments were used as a matter of aggravation in the DOJ’s sentencing memo. The DOJ argues that his comments on January 5th and 6th helped “inspire” the crowd to violence.
Fox News has been sued by Epps for falsely claiming he is a Fed agent. The sentencing memorandum makes clear that he was not. The notion the Feds just recommended a half year sentence for one of their own agents is also absurd. Epps alleges he was charged only because of the conspiracy theories generated by Fox. He can no longer use that defense in criminal court, having waived it for the plea agreement, but he can in his civil suit to prove damages. A decision to charge him certainly shows the damages of Fox’s lies. A decision to jail him amplifies that.