The impending charges were revealed in a Wednesday lawsuit filed by Epps against Fox News, which accuses former host Tucker Carlson of defaming him.

"...in May 2023, the Department of Justice notified Epps that it would seek to charge him criminally for events on January 6, 2021—two-and-a-half years later," reads the filing. "The relentless attacks by Fox and Mr. Carlson and the resulting political pressure likely resulted in the criminal charges."

In March, Epps hired attorney Michael Teter - formerly of Perkins Coie, the firm notorious for helping the Clinton campaign hatch the Steele dossier and collaborating with the FBI to push the Trump-Russia hoax. Teter immediately sent a letter to Carlson demanding that the former Fox News host retract "false and defamatory statements" that Epps was a J6 government plant.

Epps, 62, was identified as a key instigator of the riot who has long been suspected of being a fed (or a fed asset), told his nephew in a text message: "I was in the front with a few others. I also orchestrated it."