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Federal court dismisses defamation lawsuit against Fox News for Jan. 6 conspiracy theory

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Federal court dismisses defamation lawsuit against Fox News for Jan. 6 conspiracy theory
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Federal court dismisses defamation lawsuit against Fox News for Jan. 6 conspiracy theory

2024-11-28 04:25 Last Updated At:04:30

CROTON, N.Y. (AP) — A federal judge on Wednesday threw out a defamation lawsuit against Fox News by a former Donald Trump supporter who said he received death threats when the network aired false conspiracy theories about his involvement in the Jan. 6, 2021, Capitol insurrection.

Raymond Epps, a former Marine, was falsely accused by Fox of being a government agent causing trouble near the Capitol that day so that it would be blamed on Trump fans.

U.S. District Judge Jennifer L. Hall in Delaware granted, without comment, Fox's motion to dismiss the case.

Epps was the subject of a “60 Minutes” interview in 2023, shortly before filing his lawsuit. He claimed that he and his wife sold an Arizona ranch where they lived and moved because of the harassment they faced because of the reports.

Epps had named Tucker Carlson, who was fired from Fox in April 2023 for reasons never fully explained, as being the most active promoter of the conspiracy theory. At the time, Carlson hosted Fox's most popular show.

In a statement, Fox News on Wednesday cited two other defamation lawsuits against the company that were also recently dismissed. They involved former Biden administration disinformation expert Nina Jankowicz and Tony Bobulinski, one of Hunter Biden's former business partners.

“Following the dismissals of the Jankowicz, Bobulinski and now Epps cases, Fox News is pleased with these back-to-back decisions from federal courts preserving the press freedoms of the First Amendment,” the network said.

FILE - The Fox News studios and headquarters in New York City, March 21, 2023. (AP Photo/Ted Shaffrey, File)

FILE - The Fox News studios and headquarters in New York City, March 21, 2023. (AP Photo/Ted Shaffrey, File)

Travelers who waited until the last day to make their Thanksgiving holiday treks need to be prepared for busy highways and the most crowded day yet this week at the nation's airports.

The Transportation Security Administration expected to screen 2.9 million people on Wednesday and more than 3 million Sunday, when many holiday revelers plan to return home.

Air travelers had reason to give thanks — fewer than 50 U.S. flights had been canceled by midafternoon on the East Coast, according to FlightAware.

However, more than 2,000 flights were running late, reflecting the tendency toward tardiness that is becoming normal at U.S. airlines. They were averaging more than 4,500 late flights per day since last weekend, and Wednesday's count was likely to approach or surpass that number by nightfall.

Wednesday afternoon was expected to be the worst time to travel by car, according to forecasters. Drivers headed out of town will be mixing with commuters unlucky enough to be working on the day before the holiday.

Accidents compounded the heavy traffic. A dump truck that struck a bridge over Interstate 95 in Delaware closed the highway for several hours, according to the Delaware Department of Transportation.

Sean Spainhower of Morrison, Colorado, was at the Denver airport Tuesday, waiting for his flight east to visit family in Delaware. He advises getting to the airport early, being patient, and not being one of those passengers in a hurry.

“Let them be in a rush. Let them do their thing. You’re prepared,” Spainhower said. “You’re ready for people to push and shove and want to get to their flight because they showed up late, but you just need to be relaxed and hang out. You’re not going to get anywhere faster. The plane is not leaving any earlier.”

Joan Fischer of Montclair, New Jersey, and her husband flew to Chicago to visit grandchildren and were surprised at how easy the trip was.

"We flew out of Newark" — an airport notorious for delays — “and you wouldn’t know it was a holiday,” Fischer said. "It was well run, and it was really not busy.”

An Arctic blast in the Midwest and wet weather in the Eastern U.S. could disrupt travel over the next several days.

From Wednesday into early Thursday, mixed precipitation was expected to stretch from northern Arizona through the Plains and upper Midwest into Pennsylvania, New York and parts of New England, according to the National Oceanic and Atmospheric Administration. A chilly, sloppy mix was expected to linger into Saturday in parts of the Northeast.

Forecasters expect clear weather over most of the western two-thirds of the country on Thursday and Friday, but rain and possibly thunderstorms are predicted for the Southeast, which could raise the risk of flight disruptions.

Auto club and insurance company AAA predicted that nearly 80 million Americans would venture at least 50 miles from home between Tuesday and next Monday, with most of them will traveling by car.

Drivers should get a slight break on gas prices. The nationwide average price for gasoline was $3.07 a gallon on Wednesday, down from $3.25 at this time last year.

Airfares, however, are about 4.1% higher than they were a year ago, according to government figures.

The Transportation Security Administration expected to screen 18.3 million people at U.S. airports during the same seven-day stretch. That would be 6% more than during the corresponding days last year but fit a pattern set throughout 2024.

The TSA expects the biggest crowd on Sunday, which could break the record of 3.01 million set on the Sunday after the July Fourth holiday.

TSA Administrator David Pekoske said his agency is ready, with its highest staffing ever, but an ongoing shortage of air traffic controllers at the Federal Aviation Administration could cause flight delays.

FAA Administration Administrator Mike Whitaker said last week that his agency likely will use special measures to deal with shortages at some facilities.

“If we are short on staff, we will slow traffic as needed to keep the system safe,” he said.

In the last two years, similar measures have slowed down flights in New York City and Florida.

The FAA has long struggled with a shortage of controllers that airline officials expect will last for years, despite the agency's lofty hiring goals.

While many people believe that flight delays and cancellations are worse during the holidays, the data doesn't bear that out, online travel company Kayak said. Last year, the rate of canceled flights was about five times greater in July and August than it was during Thanksgiving and nearly three times greater than the Christmas period, according to FlightAware data.

“But people's tolerance for those delays is significantly worse” during the holidays, Kayak CEO Steve Hafner said.

When airports struggle during the holidays, Hafner said, it's often because they are busy, prone to winter storms, or subject to shortages of FAA air traffic controllers.

“New York meets all of those conditions,” he said. “Don't fly to JFK over the holidays."

Some Americans are discovering that Thanksgiving can be a relatively inexpensive time to fly overseas.

“Airlines struggle to get people on these international flights, and they are trying to have less losses by offering some fantastic fares,” Katy Nastro of the travel site Going.com said.

International trips over Thanksgiving aren't for everybody.

“I don't see a lot of young families doing this because Thanksgiving is a very familial holiday, seeing family and friends,” Nastro said. “It's single people, couples ... people who work remotely."

TSA says it’s OK to bring turkey, stuffing and other favorite holiday foods through airport checkpoints, although liquids such as gravy and cranberry sauce can’t exceed 3.4 ounces.

Just because you can carry it on the plane doesn’t mean you should.

“Especially when it comes to gravy, I wouldn’t want that in my carry-on luggage, and I definitely wouldn’t want it in my checked baggage,” TSA spokesperson Lorie Dankers said.

Thanksgiving brings out infrequent flyers, and they often have questions about what they can bring on the plane. The TSA app and website have lists of items that are banned or restricted.

Wednesday afternoon was expected to be the worst time to travel by car before Thanksgiving, but it will be smooth sailing on highways Thursday, according to transportation analytics company INRIX.

On the return trip, the least-congested times to drive will be before 1 p.m. Sunday and before 8 a.m. or after 7 p.m. Monday, the company said.

In metropolitan areas like Boston, Los Angeles, New York, Seattle and Washington, “traffic is expected to be more than double what it typically is on a normal day,” INRIX transportation analyst Bob Pishue said.

Thomas Peipert in Denver, Melissa Perez Winder in Chicago and Mike Householder in Detroit contributed to this report.

Travelers wade through a long line to pass through the south security checkpoint in Denver International Airport Tuesday, Nov. 26, 2024, in Denver. (AP Photo/David Zalubowski)

Travelers wade through a long line to pass through the south security checkpoint in Denver International Airport Tuesday, Nov. 26, 2024, in Denver. (AP Photo/David Zalubowski)

Workers prepare a United Airlines jetliner for departure from a gate on the A concourse at Denver International Airport Tuesday, Nov. 26, 2024, in Denver. (AP Photo/David Zalubowski)

Workers prepare a United Airlines jetliner for departure from a gate on the A concourse at Denver International Airport Tuesday, Nov. 26, 2024, in Denver. (AP Photo/David Zalubowski)

A traveler sleeps by carts of her belongings near the Southwest Airlines counter in Denver International Airport Tuesday, Nov. 26, 2024, in Denver. (AP Photo/David Zalubowski)

A traveler sleeps by carts of her belongings near the Southwest Airlines counter in Denver International Airport Tuesday, Nov. 26, 2024, in Denver. (AP Photo/David Zalubowski)

Travellers ride an escalator to the shuttle trains to the concourses in Denver International Airport Tuesday, Nov. 26, 2024, in Denver. (AP Photo/David Zalubowski)

Travellers ride an escalator to the shuttle trains to the concourses in Denver International Airport Tuesday, Nov. 26, 2024, in Denver. (AP Photo/David Zalubowski)

Travellers pass through the south security checkpoint in Denver International Airport Tuesday, Nov. 26, 2024, in Denver. (AP Photo/David Zalubowski)

Travellers pass through the south security checkpoint in Denver International Airport Tuesday, Nov. 26, 2024, in Denver. (AP Photo/David Zalubowski)

A traveler chats with agents at the Southwest Airlines check-in counter in Denver International Airport Tuesday, Nov. 26, 2024, in Denver. (AP Photo/David Zalubowski)

A traveler chats with agents at the Southwest Airlines check-in counter in Denver International Airport Tuesday, Nov. 26, 2024, in Denver. (AP Photo/David Zalubowski)

Travellers use kiosks to check in for flights on Southwest Airlines in Denver International Airport Tuesday, Nov. 26, 2024, in Denver. (AP Photo/David Zalubowski)

Travellers use kiosks to check in for flights on Southwest Airlines in Denver International Airport Tuesday, Nov. 26, 2024, in Denver. (AP Photo/David Zalubowski)

People pass by a long line of taxicabs at Denver International Airport Tuesday, Nov. 26, 2024, in Denver. (AP Photo/David Zalubowski)

People pass by a long line of taxicabs at Denver International Airport Tuesday, Nov. 26, 2024, in Denver. (AP Photo/David Zalubowski)

Travelers wait for their ride at O'Hare International Airport in Chicago, Tuesday, Nov. 26, 2024. (AP Photo/Nam Y. Huh)

Travelers wait for their ride at O'Hare International Airport in Chicago, Tuesday, Nov. 26, 2024. (AP Photo/Nam Y. Huh)

Travelers walk through Terminal 3 at O'Hare International Airport in Chicago, Tuesday, Nov. 26, 2024. (AP Photo/Nam Y. Huh)

Travelers walk through Terminal 3 at O'Hare International Airport in Chicago, Tuesday, Nov. 26, 2024. (AP Photo/Nam Y. Huh)

Travelers rush to their gate at Hartsfield-Jackson Atlanta International Airport, Tuesday, Nov. 26, 2024, in Atlanta. (AP Photo/Olivia Bowdoin)

Travelers rush to their gate at Hartsfield-Jackson Atlanta International Airport, Tuesday, Nov. 26, 2024, in Atlanta. (AP Photo/Olivia Bowdoin)

Travelers move through the B Concourse at the Hartsfield-Jackson International Airport, Tuesday, Nov. 26, 2024, in Atlanta. (AP Photo/Carolyn Kaster)

Travelers move through the B Concourse at the Hartsfield-Jackson International Airport, Tuesday, Nov. 26, 2024, in Atlanta. (AP Photo/Carolyn Kaster)

Travelers check their tickets at O'Hare International Airport in Chicago, Tuesday, Nov. 26, 2024. (AP Photo/Nam Y. Huh)

Travelers check their tickets at O'Hare International Airport in Chicago, Tuesday, Nov. 26, 2024. (AP Photo/Nam Y. Huh)

A Delta Airlines flight departs Hartsfield-Jackson International Airport, Tuesday, Nov. 26, 2024, in Atlanta. (AP Photo/Carolyn Kaster)

A Delta Airlines flight departs Hartsfield-Jackson International Airport, Tuesday, Nov. 26, 2024, in Atlanta. (AP Photo/Carolyn Kaster)

Delta Airlines planes are loaded along the B Concourse at the Hartsfield-Jackson International Airport, Tuesday, Nov. 26, 2024, in Atlanta. (AP Photo/Carolyn Kaster)

Delta Airlines planes are loaded along the B Concourse at the Hartsfield-Jackson International Airport, Tuesday, Nov. 26, 2024, in Atlanta. (AP Photo/Carolyn Kaster)

Passengers wait to check-in at Miami International Airport, Tuesday, Nov. 26, 2024, in Miami. (AP Photo/Marta Lavandier)

Passengers wait to check-in at Miami International Airport, Tuesday, Nov. 26, 2024, in Miami. (AP Photo/Marta Lavandier)

A traveler walks to his gate at Miami International Airport, Tuesday, Nov. 26, 2024, in Miami. (AP Photo/Marta Lavandier)

A traveler walks to his gate at Miami International Airport, Tuesday, Nov. 26, 2024, in Miami. (AP Photo/Marta Lavandier)

Passengers wait to check-in at Miami International Airport, Tuesday, Nov. 26, 2024, in Miami. (AP Photo/Marta Lavandier)

Passengers wait to check-in at Miami International Airport, Tuesday, Nov. 26, 2024, in Miami. (AP Photo/Marta Lavandier)

Travelers walk through Terminal 3 at O'Hare International Airport in Chicago, Tuesday, Nov. 26, 2024. (AP Photo/Nam Y. Huh)

Travelers walk through Terminal 3 at O'Hare International Airport in Chicago, Tuesday, Nov. 26, 2024. (AP Photo/Nam Y. Huh)

Travelers wait to be wheeled to their gates at Hartsfield-Jackson Atlanta International Airport, Tuesday, Nov. 26, 2024, in Atlanta. (AP Photo/Olivia Bowdoin)

Travelers wait to be wheeled to their gates at Hartsfield-Jackson Atlanta International Airport, Tuesday, Nov. 26, 2024, in Atlanta. (AP Photo/Olivia Bowdoin)

Travelers walk through Terminal 3 at O'Hare International Airport in Chicago, Tuesday, Nov. 26, 2024. (AP Photo/Nam Y. Huh)

Travelers walk through Terminal 3 at O'Hare International Airport in Chicago, Tuesday, Nov. 26, 2024. (AP Photo/Nam Y. Huh)

Travelers pull suitcases as they walk toward a terminal, Monday, Nov. 25, 2024, at Boston Logan International Airport, in Boston. (AP Photo/Steven Senne)

Travelers pull suitcases as they walk toward a terminal, Monday, Nov. 25, 2024, at Boston Logan International Airport, in Boston. (AP Photo/Steven Senne)

Travelers wait at Hartsfield-Jackson International Airport, Friday, Nov. 22, 2024, in Atlanta, as the Thanksgiving travel season kicks off. (John Spink/Atlanta Journal-Constitution via AP)

Travelers wait at Hartsfield-Jackson International Airport, Friday, Nov. 22, 2024, in Atlanta, as the Thanksgiving travel season kicks off. (John Spink/Atlanta Journal-Constitution via AP)

Travelers prepare to board aircraft near a holiday decoration, top, Monday, Nov. 25, 2024, at Boston Logan International Airport, in Boston. (AP Photo/Steven Senne)

Travelers prepare to board aircraft near a holiday decoration, top, Monday, Nov. 25, 2024, at Boston Logan International Airport, in Boston. (AP Photo/Steven Senne)

FILE - As the Thanksgiving holiday approaches, travelers walk through Reagan Washington National Airport in Arlington, Va., on Nov. 22, 2023. (AP Photo/Susan Walsh, File)

FILE - As the Thanksgiving holiday approaches, travelers walk through Reagan Washington National Airport in Arlington, Va., on Nov. 22, 2023. (AP Photo/Susan Walsh, File)

FILE - In this photo made with a long exposure, motor vehicles move along Interstate 76 ahead of the Thanksgiving Day holiday in Philadelphia, Nov. 22, 2023. (AP Photo/Matt Rourke, File)

FILE - In this photo made with a long exposure, motor vehicles move along Interstate 76 ahead of the Thanksgiving Day holiday in Philadelphia, Nov. 22, 2023. (AP Photo/Matt Rourke, File)

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