Kash Patel’s Lawsuit Against Atlantic Backfires

Kash Patel’s lawsuit against The Atlantic has not gone as he might have hoped.

If the FBI director had simply issued a statement dismissing the magazine’s article about him, the issue likely would have faded away in just a couple of days. However, by opting for a hefty $250 million lawsuit, which he described as a “defamatory hit piece,” Patel has landed the story right in the headlines. It was especially prominent on cable news, particularly on MS NOW, where it received extensive, mostly unfavorable coverage all day Monday.

In a way, Patel has cast a glaring spotlight on serious allegations concerning his behavior—such as claims of excessive drinking and disappearing acts—that would have otherwise remained under the radar.

A representative for The Atlantic stated, “We will vigorously defend The Atlantic and its journalists against this meritless lawsuit.”

While Patel has the right to sue, he might want to reconsider, for two main reasons. First, as a public figure, he must demonstrate that The Atlantic acted with bad intentions, either by knowingly publishing false information or showing reckless disregard for the truth. Although The Atlantic leans liberal, it takes its journalism seriously.

Moreover, by pursuing this case, Patel opens himself up to scrutiny. The defendants could have access to a range of emails, texts, and documents, some perhaps less than flattering. Patel could also be deposed under oath, giving both sides equal footing.

Legal standards regarding malicious questioning of public figures have been set since a 1964 Supreme Court ruling, but it’s possible that this conservative court could overturn that precedent. Still, it’s unlikely the case will make it to trial.

Reporter Sarah Fitzpatrick from The Atlantic mentioned, “More than 20 people I interviewed about Patel’s conduct included current and former FBI employees, law enforcement officials, hospitality workers, members of Congress, political operatives, lobbyists, and former advisers,” all speaking anonymously.

Yet, despite his statements, Patel was given just two hours to respond to the magazine’s inquiries, per his complaint. While the article included his remarks, White House press secretary Caroline Leavitt upheld the denial, asserting, “Secretary Patel remains a key member of the administration’s law and order team.”

The piece described an incident where Patel had a “seizure” when he couldn’t log into the company’s system, later revealed to have been merely a glitch.

Among the claims in Fitzpatrick’s article are:

• “Several officials have told me that Mr. Patel’s drinking has been a recurring concern across government. They say he is known to drink excessively, causing meetings and briefings to be delayed.” Six current and former officials confirmed this trend.
• Information shared with Justice Department and White House personnel indicates that on multiple occasions over the past year, Patel’s security detail had trouble waking him due to apparent intoxication.
• The Atlantic noted that Patel’s drinking habits were “no secret.” There was an incident where he was seen drinking beer with the U.S. men’s Olympic hockey team during an official trip to Italy, prompting a call from the president—who abstains from alcohol—to express concern.
• The article adds that “Mr. Patel has led a purge of those he believes to be anti-Trump ‘co-conspirators’ within the FBI, which has involved firing personnel and launching internal investigations.”

Patel, a former Congressional aide and attorney, has held various roles during Trump’s first term and joined the Trump Media & Technology Group board in 2022. In his lawsuit, he asserted that the article contained “false and clearly fabricated allegations aimed at tarnishing Director Patel’s reputation and removing him from his post.” He also claimed, “Director Patel does not drink to excess.”

Under editor Jeffrey Goldberg, The Atlantic has garnered a Pulitzer Prize and has been recognized with several National Magazine Awards. Its reputation for serious journalism remains intact despite any political biases. Interestingly, Trump once called Goldberg a “scumbag” but later engaged him for an interview in the Oval Office, revealing a complicated relationship.

It’s worth noting that Trump has sued various media outlets, securing settlements averaging $16 million each. This suggests that Patel’s lawsuit may not be aimed at winning in court.

It could be more about using legal avenues to intimidate the media or influence public perception, even as Trump has been increasingly open to engaging with journalists.

The Atlantic is backed by Laurene Powell Jobs, who has invested significantly in various social issues, ensuring that financial pressures are unlikely to deter the publication. In the end, Patel’s lawsuit has merely amplified the scrutiny surrounding his actions.