Federal Prosecutors’ Sentencing Request for Ray Epps Sparks Anger

Controversy is again swirling around Capitol incursion figure Ray Epps as the Department of Justice calls for him to spend no more than six months in jail and face a $500 fine.

Epps was highly visible in multiple videos from the incursion and was seen urging people to go to the Capitol building.

Because he was not initially charged, speculation ran rampant that Epps was a federal agent whipping up and organizing protesters. He was eventually charged with one misdemeanor count of disorderly conduct in September.

American Greatness reporter Julie Kelly noted in a post on X at the time that the charge was far milder than other charges against Jan. 6 defendants.

“This lame single charge tells us everything we need to know about Ray Epps. No obstruction felony? No civil disorder charge? Not even a trespassing on restricted grounds misdemeanor?” she wrote.

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Similar thoughts erupted after the government’s sentencing memorandum was issued Tuesday.

In it, prosecutors described Epps’ case as “unique … in the context of January 6 defendants.”

“Although Epps engaged in felonious conduct during the riot on January 6, his case includes a variety of distinctive and compelling mitigating factors,” the memorandum said.

Should Epps have received stronger charges?

The memo noted that Epps repeatedly attempted to “deescalate conflict and avoid violence” on Jan. 6, “turned himself in to the FBI two days after the riot,” and “cooperated with both the FBI and Congress, participating in multiple lengthy voluntary interviews.”

“No previously sentenced case contains the same balance of aggravating and mitigating factors present here,” the DOJ said.

Many on social media said the sentence was far too lenient given what others have received.

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Apparently cognizant of the speculation, the memo added, “Epps has been the target of a false and widespread conspiracy theory that he was an undercover government agent on January 6.”

“Other than his four years of service in the Marines from 1979-1983, … Epps has never been a government employee or agent.”


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