James Ray Epps, Sr.

Case Summary

On the night before the Jan. 6, 2021, insurrection at the U.S. Capitol, James Ray Epps, Sr., attended a rally in Washington, D.C., and told a pro-Trump crowd of people that "we need to go in the Capitol," according to a federal court document. The following day, according to court papers, Epps wore a Trump baseball cap and joined other rioters as they went past fencing around the U.S. Capitol and into the restricted area around the building. Prosecutors say Epps, a U.S. Marine Corps veteran and former member of the Oath Keepers, also helped other rioters push a large metal "Trump" sign forward in the crowd, and that the sign was ultimately used to break up a line of police officers protecting the Capitol building. Epps allegedly received a text message from a family member that day telling him to "be safe," and he responded by saying, "I was in the front with a few others. I also orchestrated it." Court papers also state that Epps tried to deescalate the conflict between rioters and police at multiple points that day. There is no allegation that he entered the U.S. Capitol building. Prosecutors say that Epps identified himself to the FBI just two days after the Capitol riot, and gave a follow-up interview with agents in March 2021. Epps, however, was not charged with any crime stemming from the riot until September 2023. Epps has been the subject of widespread right-wing conspiracy theories that claim without reliable evidence he was secretly working on behalf of the federal government during the Capitol riot, a claim that Epps alleges is completely false, defamatory and has led to death threats. Epps has filed a lawsuit against Fox News and former Fox News host Tucker Carlson for publishing those claims.The FBI has also stated that Epps has never worked for the agency. According to sentencing memos filed in court, Epps served in the U.S. Marine Corps.

Case History

Epps pleaded Guilty to the charge. Sentenced on 1/9/2024 to 12 months probation; $25 special assessment; $500 restitution; 100 hours of community service. Epps received a full pardon on January 20, 2025

Sources

• Primary Documentation
  NPR Jan. 6 Defendant DatabaseNPR
• Primary Documentation
  Underlying court recordCourt record linked by NPR

Case summary, charges, procedural updates and image are drawn from the NPR Jan. 6 archive snapshot dated 2026-09-25 unless otherwise indicated.