Ray Epps has been charged with disorderly or disruptive conduct in connection with the January 6 riots.
Epps, 61, was yesterday charged by the Department of Justice over his involvement at the US Capitol fracas.
He has been charged with one misdemeanor count of disorderly or disruptive conduct on restricted grounds.
His legal filing in July claimed that he became the subject of various conspiracy theories after comments by the network’s former host Tucker Carlson.
Epps went to the January 6 riot to back former president Donald Trump in his false claims that the results of the 2020 election were fraudulent
He has been charged with one misdemeanor count of disorderly or disruptive conduct on restricted grounds
Carlson, who was sacked in April, accused Epps of being a ‘federal agent who helped stage-manage the insurrection.’
He made the comments on his late-night show, Tucker Carlson Tonight, after a video showed Epps urging others to join him in entering the Capitol.
Epps is accused of ‘knowingly, and with intent to impede and disrupt the orderly conduct of Government business and official functions, engage in disorderly and disruptive conduct.’
It states that this was in and around ‘any posted, cordoned-off, and otherwise restricted area within the United States Capitol and its grounds, where the Vice President was and would be temporarily visiting’.
He is also accused of ‘impeding and disrupting’ the ‘orderly conduct of Government business and official functions, and attempted and conspired to do so.’
Thousands of others who gathered on the restricted grounds have not been charged unless they engaged in aggravating conduct, such as attacking cops or destroying property.
Epps was videotaped telling people to go to the Capitol, and has only just been charged – months after others were linked to the case.
The delay in charges gave rise to the theory that he was an FBI plant sent to whip up the riot.
Epps (right) said that he thought he could calm the crowds before the Capitol was stormed
He spoke to 60 Minutes in April about being labeled a FBI infiltrator during the January 6 riot and how it affected him and his wife
He is also shown attempting to de-escalate tensions between cops and rioters before being shown with his hands on a Trump sign, which was jammed into the police line.
A lawyer for Epps in the Fox News case did not immediately respond to a request for comment by DailyMail.com on the new charges. It is unclear who is representing him in this matter.
Epps, a former marine, is not charged with entering the Capitol as he is only known to have been on the grounds on January 6.
His complaint was filed in the Superior Court in Delaware, where Fox agreed to a $787.5 million settlement in a separate defamation case with Dominion Voting Systems.
The group claims that the company had helped rig the 2020 election against Trump, which was ultimately settled out of court.
During an interview with the January 6 committee last year, Epps said that he had traveled to DC to support former President Trump.
He claims that the conspiracy theories ruined his life, adding: ‘I never intended to break the law. It’s not in my DNA. I’ve never — I’m sure you’ve looked up my record. I don’t break the law.’