Jan. 6 committee dismisses Ray Epps conspiracy theory, issues new subpoenas

The House committee investigating the attack on the Capitol sought to dismiss a right-wing conspiracy theory by announcing Tuesday it had interviewed Ray Epps, who was seen trying to egg on protesters ahead of the Jan. 6 riot, and saying he told lawmakers he was not a federal agent.

The panel also subpoenaed a trio of Trump allies as it continues its months-long probe into the origins of the attack.

Epps has been the focus of far-right allegations that instead of being a Trump supporter he was working with the federal government, seeking to provoke violence.

“The Select Committee is aware of unsupported claims that Ray Epps was an FBI informant based on the fact that he was on the FBI Wanted list and then was removed from that list without being charged,” the committee said in a statement. “Mr. Epps informed us that he was not employed by, working with, or acting at the direction of any law enforcement agency on January 5th or 6th or at any other time, and that he has never been an informant for the FBI or any other law enforcement agency.”

Epps was seen on video the night of Jan. 5 asking others to “go into the Capitol” the following day before others began chanting “Fed, Fed, Fed,” at him. In footage from Jan. 6, Epps shouted to those nearby: “OK folks, spread the word! As soon as the president is done speaking, we go to the Capitol. The Capitol is this direction,” Politifact reported.

The footage has garnered significant attention among some conservatives. In October, Rep. Thomas Massie, R-Ky., played the video during a congressional hearing and asked Attorney General Merrick Garland if federal agents incited violence at the Capitol.

On Tuesday, Sen. Ted Cruz, R-Texas, asked similar questions of Jill Sanborn, a top FBI national security official, during a Senate Judiciary Committee hearing on domestic terror threats.

Beyond Capitol Hill, the Epps conspiracy was featured on One America News and in Fox News host Tucker Carlson’s “Patriot Purge” and has seen its mentions soar online in recent weeks.

“Who is Ray Epps?” tweeted Rep. Madison Cawthorn, R-N.C., on the anniversary of the Jan. 6 attack. “Ray Epps Ray Epps Ray Epps,” Arizona GOP state Sen. Wendy Rogers posted on Jan. 5.

In a lengthy tweet thread, Rep. Adam Kinzinger, R-Ill., one of two Republicans on the Jan. 6 committee, wrote that Epps “didn’t enter the Capitol on Jan 6, and was removed from the most wanted list because apparently he broke no laws.”

“I’m pretty sure the FBI wouldn’t be dumb enough to put their own agent on a wanted list,” he added. “Ray Epps has cooperated with the Jan 6 committee and we thank him.”

“On the broader issue, let’s say Ray was an agent (HE IS NOT), the premise is that one agent can gin up a crowd to insurrection,” Kinzinger wrote. “That isn’t saying much about the intelligence of your voters is it Ted? The rioters had formal education, owned businesses etc. they knew,” he added, referring to Cruz.

Meanwhile, the House committee subpoenaed Andy Surabian, Arthur Schwartz and Ross Worthington on Tuesday. The panel is seeking information on any conversations Surabian and Schwartz — prominent strategists close to Donald Trump Jr., the former president’s eldest son — may have had with organizers and speakers at the rally that took place shortly before the attack on the Capitol. From Worthington, a former White House speechwriter, the committee wants details about the role he may have played in crafting former President Donald Trump’s address to a crowd of supporters on the day of the riot.

“We have reason to believe the individuals we’ve subpoenaed today have relevant information and we expect them to join the more than 340 individuals who have spoken with the Select Committee as we push ahead to investigate this attack on our democracy and ensure nothing like this ever happens again,” Rep. Bennie Thompson, D-Miss., the committee chairman, said in a statement.

Daniel Bean, an attorney for Surabian, said his client plans to cooperate “within reason” though “we are bewildered as to why Mr. Surabian is being subpoenaed in the first place.”

“He had nothing at all to do with the events that took place at the Capital that day, zero involvement in organizing the rally that preceded it and was off the payroll of the Trump campaign as of November 15, 2020,” he said, adding, “we believe this is nothing more than harassment of the committee’s political opponents and is un-American to the core.”

Schwartz and Worthington did not immediately respond to requests for comment.

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