Authored by Ken Silva via Headline USA,

During the Biden years, Kash Patel accused Jan. 6 provocateur Ray Epps of being a federal asset.

Referring to the fact that Epps was taken off the FBI’s Most Wanted list in early 2021, Patel said there was only two ways someone could get off that list—either they died or they’re working for the government.

Now that he’s FBI director, Patel has gone silent on Epps. But a New Jersey investigative journalist is trying to force disclosure with a Freedom of Information Act lawsuit filed Friday in federal court.

In his lawsuit, the journalist, Yehuda Miller, said he filed a request in April 2025 for all communications and directivesrelating to the removal of Epps from the FBI’s wanted list, as well as all communications between the FBI and Epps from Jan. 1, 2020, through Jan. 1, 2025.

Miller filed his lawsuit after the FBI denied him those records on privacy grounds. Miller urged a judge to force the FBI to produce the documents on Epps.

“The public interest in understanding whether the FBI maintained a confidential informant or undercover relationship with Ray Epps, the circumstances of his disparate treatment relative to other January 6 participants, and the FBI’s internal communications and directives relating to his removal from the wanted list substantially outweighs any privacy interest Ray Epps may assert,” his lawsuit says.

“The current FBI Director’s own public statements confirm the significance of this public interest.”

According to FBI records, agents had “photographic/and or video evidence that James Ray Epps conspired to and/or recruited others to storm the United States Capitol Building.”

However, a July 29, 2021, FBI report said that its “investigation did not reveal sufficient evidence that Epps … engaged in acts of violence or committed any other criminal violations.” That’s despite the fact that video had already surfaced showing him pushing a sign into a group of police officers, and that Epps had admitted to trespassing on Capitol grounds.

The Justice Department apparently reopened the Epps case after Rep. Thomas Massie, Revolver News and other conservatives began to question whether he was being protected by government. The DOJ eventually slapped him with a lone misdemeanor count of disorderly conduct, and he received one year of probation in January 2024.

Last October, Massie wrote to the DOJ, also seeking records on Epps. Massie sought all internal communications between FBI Headquarters and its Phoenix field office, which initially investigated Epps. He also sought all communications between the FBI and DOJ about him.

Additionally, Massie wanted to know whether the DOJ or any of its components, including the FBI, had any communication with Epps prior to the Jan. 6, 2021, Capitol Hill protest. Such communications might indicate whether Epps was working for the government at the time.

However, there’s no public indication that the DOJ ever responded to Massie’s letter.