SPECIAL GUEST, AN ATTORNEY BEHIND THE NEW DEFAMATION LAWSUIT HITTING FOX NEWS. THE LAWSUIT FILED THIS WEEK CONCERNS ELECTION LIES, CONSPIRACY THEORIES, AND JANUARY 6th. A TRUMP SUPPORTER NAMED RAY HELPS IS ACCUSING FORMER FOX STAR TUCKER CARLSON OF REPEATEDLY DEFAME HIM. HELPS IS ACCUSING CARLSON OF KNOWINGLY LYING WHEN HE PUSHED A, QUOTE, FANTASTICAL NARRATIVE THAT EPPS WAS, QUOTE, AN UNDERCOVER FBI AGENT RESPONSIBLE FOR THE VIOLENT MOB. I'M GOING PLAY SOME OF WHAT CARLSON SAID BECAUSE IT'S CENTRAL TO THE LAWSUIT, BUT AGAIN, THERE'S NO EVIDENCE FOR ANY OF CARLSON'S AIMS. >> RAY HELPS IS ONE OF THE ONLY PEOPLE CAUGHT ON CAMERA THAT DAY ENCOURAGING PEOPLE TO BREAK THE LAW. DID RAY EPPS WORK OR HAVE ANY CONTACT WITH ANY GOVERNMENT AGENCY. A MAN CALLED RAY EPPS. AMYSTERIOUS FIGURE CALLED RAY EPPS. >> TO BE CLEAR, EPPS DID PARTICIPATE IN JANUARY 6th. THIS VIDEO CIRCULATED AMONG RIGHT WING GROUPS THAT FANNED THE FLAMES OF THIS CONSPIRACY. BUT THERE IS NO EVIDENCE THAT EPPS BREACHED THE CAPITAL BUILDING, AND THERE IS NO EVIDENCE THAT HE INSTIGATED THE ATTACK. NOR IS THERE EVIDENCE THAT HE WAS WORKING WITH THE GOVERNMENT. LAWSUIT ALSO ALLEGES THAT FOX NEWS IS TO BLAME FOR EPPS BEING AT THE CAPITOL IN THE FIRST PLACE. IT ARGUES THAT EPPS WAS, QUOTE, PERSUADED TO GO TO THE CAPITOL AFTER HEARING ELECTION LIES BROADCAST ON FOX. SOUNDS FAMILIAR. HELPS AND HIS WIFE SAY THAT THIS CAUSED DEATH THREATS, FORCING THEM TO MOVE FROM THEIR HOME. SOME REPUBLICAN LAWMAKERS HAVE ALSO PEDDLED CARLSON'S UNFOUNDED CLAIMS. >> IF YOU DON'T ARREST MR. EPPS AS THE REASON BEHIND IT -- I BELIEVE YOU KNOW WHAT IT IS, AND IT I PEERS TO ME YOU ARE PROTECTING THIS GUY. >> ON THE 6th, IT'S NOT THE PROUD BOYS WHO ENGAGE IN THE INITIAL BREACH, IT'S RAY EPPS. >> MR. EPPS URGED THEM TO TEAR DOWN THE BARRICADES. A LOT OF AMERICANS ARE CONCERNED THAT THE FEDERAL GOVERNMENT DELIBERATELY ENCOURAGED ILLEGAL AND VIOLENT CONDUCT ON JANUARY 6th. >> THE NEW LAWSUIT TURNS UP THE LEGAL HEAT ON FOX, WHICH IS FACING A SEASON OF ACCOUNTABILITY. THE NETWORK HAS ALREADY SETTLED TWO MULTIMILLION DOLLAR SUITS WITH DOMINION AND A FORMER PRODUCER AND, IT IS IN THE MIDDLE OF A BILLION DOLLAR LEGAL BAT REALLY SMARTMATIC. JOINING ME NOW TO TALK ABOUT THE LAWSUIT IS MICHAEL TEETER, A LAWYER FOR RAY EPPS. FULL DISCLOSURE, MR. TEETER AND I KNOW EACH OTHER FROM LAW SCHOOL. MICHAEL, BIG QUESTION FOR YOU -- AS LONG AS I'VE KNOWN YOU, YOU HAVE BEEN ASSOCIATED WITH PROGRESSIVE CAUSES. YOU'VE EVEN WORKED FOR DEMOCRATS. AND NOW HERE YOU ARE DEFENDING A TRUMP SUPPORTER WHO'S ALSO AN ELECTION DENIER. WHY IS IT SO IMPORTANT TO YOU THAT RAY EPPS HAVE HIS DAY IN COURT? >> GREAT TO BE WITH, MELISSA, AND GREAT TO SEE YOU AGAIN. THE ANSWER IS SIMPLE -- RAY EPPS HAS BEEN LIE ABOUT TIME AND TIME AGAIN BY FOX NEWS TO THE FACT THAT HE HAS NOW HAD HIS LIFE DESTROYED. TRUTH MATTERS, WHETHER YOU'RE ON THE LEFT, ON THE RIGHT, IN THE PROGRESSIVE CIRCLE, YOU'RE A CONSERVATIVE. TRUTH OUGHT TO MATTER AND, FOX HAS PRIORITIZED THEIR PROFITS OVER BACKS, OVER TRUTH, AND OVER PEOPLE'S LIVES, AND THEY SHOULD BE HELD ACCOUNTABLE FOR THAT. SO, ONE THING THAT'S REALLY IMPORTANT HERE THAT DISTINGUISHES YOUR LAWSUIT FROM THE LAWSUITS FILED BY SMARTMATIC AND DOMINION IS THAT RAY EPPS IS NOT A CORPORATION, HE'S NOT A PUBLIC FIGURE. HOW DOES THAT FACTOR INTO THE STANDARD FOR LEGAL DEFAMATION THAT YOU WILL HAVE TO MEET TO BE SUCCESSFUL IN THIS LAWSUIT? >> YOU'RE RIGHT, BECAUSE RAY IS NOT A PUBLIC FIGURE, HE HAS AN EASIER STANDARD THAN SMARTMATIC, THAN DOMINION DID. HE ONLY HAS TO PROVE NEGLIGENCE ON THE PART OF FOX IN SPREADING THIS PERVASIVE LIE ABOUT HIM THAT THEY DID NOT RESEARCH OR REALLY LOOK INTO THE FACTS THE WAY THEY SHOULD HAVE, AND THAT'S THE SUFFICIENT STANDARD WE'LL HAVE TO MEET. IT'S MUCH EASIER THAN A PUBLIC FIGURE WOULD HAVE TO MEET. >> A LITTLE EASIER ON THAT FRONT, BUT ANOTHER ASPECT IS YOU HAVE TO SHOW THAT THERE'S BEEN REPUTATIONAL HARM. IS IT A CONCERN THAT THE REPUTATIONAL HARM THAT'S BEEN DONE TO MR. HELPS IS PERHAPS WITH OTHER INDIVIDUALS WHO WERE INVOLVED IN JANUARY 6th? IS THAT GOING TO PLAY WELL IF YOU GET TO A JURY? >> I DON'T THINK IT'S GOING TO MATTER BECAUSE ACTUALLY GIVEN THAT HE'S NOT A PUBLIC FIGURE, THE DAMAGES ARE PRESUMED. HE DOESN'T HAVE TO DEMONSTRATE THEM, BUT HE COULD. THE CONSEQUENCES TO HIS LIFE HAVE BEEN SIGNIFICANT. HE'S HAD TO MOVE, HE'S FACED DEATH THREATS. HE LOST HIS BUSINESS, HE LOST HIS HOME. WE'RE TALKING ABOUT TENS OF MILLIONS OF DOLLARS IN JUST ECONOMIC DAMAGE AS WELL AS TEN OF MILLIONS OF DOLLARS IN EMOTIONAL DAMAGES AND THAT DOESN'T INCLUDE PUNITIVE DAMAGES WE HAVE BEEN TALKING ABOUT. >> WE DO KNOW A FEW MONTHS AGO YOU ISSUED A CEASE AND DESIST LETTER TO FOX NEWS, TO WHICH THEY WERE UNRESPONSIVE. HAVE THEY BEEN MORE RESPONSIVE SINCE YOU FILED THIS LAWSUIT, AND IF SO, WHAT ARE THEY SAYING? >> WE HAVE NOT HEARD FROM THEM. ALL WE KNOW IS THEY DID FILE AN EFFORT TO REMOVE THE CASE TO FEDERAL COURT. WE DON'T KNOW YET WHETHER OR NOT THAT'S SUCCESSFUL. DEPENDS ON THE TIMING OF SERVICE, AND WE'RE LOOKING INTO THAT. >> YOU'VE ALSO ARGUED IN THE LAWSUIT THAT TUCKER CARLSON, QUOTE, MADE CLEAR TO HIS AUDIENCE THAT HE WAS NOT OFFERING AN OPINION BUT FACT, BLUNTLY TELLING HIS VIEWERS THAT THIS WAS A FACT THAT EPPS WAS A GOVERNMENT INFORMANT. LET'S WATCH THAT MOMENT THAT YOU REFERENCE JUST TO GIVE OUR AUDIENCE SOME CONTEXT. >> I DIDN'T WANT TO SUGGEST THAT SOMEONE WAS A FEDERAL AGENT OR INFORMANT UNLESS I KNEW FOR A FACT, BECAUSE YOU REALLY COULD GET SOMEONE IN TROUBLE, RIGHT, IF YOU'RE LIKE, THIS IS THE GUY. >> BUT WE DON'T KNOW. I DO KNOW FOR -- IT'S VERY CLEAR THAT SOMETHING VERY STRANGE IS GOING ON WITH RAY EPPS. WE'VE NAMED HIM REPEATEDLY, INVITED HIM ON THE SHOW REPEATEDLY. I MEAN, DON'T LIE TO MY FACE. >> MICHAEL, HOW IMPORTANT IS THIS EVIDENCE? IS THIS MERE SPECULATION, OPINION, OR WAS TUCKER CARLSON, IN YOUR VIEW, ACTUALLY REPORTING WHAT HE BELIEVED WAS FACT AND ENCOURAGING OTHER PEOPLE TO VIEW IT AS FACT? >> LET'S START WITH THE VERY STRAIGHTFORWARD ANSWER, WHICH IS THAT IT IS A FACT WHETHER OR NOT SOMEBODY IS OR IS NOT A FEDERAL AGENT, YOU DON'T GET TO HAVE AN OPINION OF THAT. WHETHER OR NOT YOU THINK SOMEBODY IS, YOU'RE STILL PRESENTING IT AS A FACT, WHICH TUCKER DID TIME AND TIME AGAIN. HE LABELED HIM A FEDERAL AGENT. HE REPEATEDLY SAID THE JANUARY 6th COMMITTEE WAS COVERING UP FOR EPPS, THAT THEY HAD BEEN WORKING FOR HIM, THAT THE GOVERNMENT HAD BEEN LYING, THAT HE WAS A FEDERAL AGENT. HE MADE IT CLEAR HE WAS SPEAKING ON A FACTUAL, NOT AN OPINION BASIS, BUT THE QUESTION ITSELF IS A FACTUAL QUESTION, NOT AN OPINION QUESTION. >> ONE OF THE VIDEOS THAT CARLSON RELIED ON IN THIS IS A VIDEO THAT SHOWS YOUR CLIENT AT THE CAPITOL. IT SHOWS HIM WHISPERING TO ANOTHER RIOTER. UNDER OATH THAT RIOTER TESTIFIED THAT EPPS TOLD HIM TO CALM DOWN. HOWEVER HE HAS SINCE WALKED BACK THAT STORY. "THE NEW YORK TIMES" SAID, CARLSON WOULD POINT TO OTHER INCONSISTENCIES, HE'S CHANGED HIS STORY, CALLING REPORTER TOS SAY HE LIED FOR THE FBI AND THAT EPPS ACTUAL TOLD HIM TO PULL AT THE BARRICADES. IS THIS KIND OF INCONSISTENT TESTIMONY FROM A MATERIAL WITNESS GOING TO BE AN ISSUE FOR YOU AS YOU PURSUE THE LAWSUIT? >> IT JUST ACTUALLY DEMONSTRATES THE DAMAGE THAT RAY EPPS HAS FACED BECAUSE OF THE LIES. RYAN SAMSAL HAD NOTHING TO SHOW FOR IT OTHER THAN TO TELL THE TRUTH, HE TOLD THE FBI THE TRUTH, WHICH IS RAY EPPS WHISPERED IN HIS EAR TO CALM DOWN. THAT'S CONSISTENT WITH VIDEOS WE'VE SEEN OF EPPS WALKING THE LINE, TELLING PEOPLE TO STEP BACK, TELLING POLICE OFFICERS WE APPRECIATE YOU, TELLING DEMONSTRATORS WE DON'T WANT ANYONE TO GET HURT. HE MADE OUR POINT, WE WANT TO STAND OUR GROUND. RYAN SAMSAL CONFIRMED THAT TO THE FBI, AND THEN ONLY WHEN RAY BECAME A VICTIM OF THIS CONSPIRACY THEORY AND
