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Kash Patel’s lawsuit against Atlantic has already backfired, big time.
If the FBI director had issued a statement condemning the magazine’s article on him, the controversy would have disappeared in two days.
But by filing a $250 million lawsuit against what he calls an “outrageous hit piece,” he turned it into a top story on cable news, especially MS Now, which received relentless coverage all day Monday, much of it unfavorable.
In other words, Patel made headlines with a much larger audience than anyone would have heard over allegations of excessive drinking and people disappearing.
FBI Director Kash Patel files $250 million lawsuit against The Atlantic over ‘outrageous hit piece’
FBI Director Kash Patel’s lawsuit against The Atlantic is already backfiring. (Michael M. Santiago/Getty Images)
A magazine spokesperson said, “We will vigorously defend The Atlantic and our journalists against this frivolous lawsuit.”
Although Patel is free to sue anyone he wants, there are two main reasons why this is a seriously bad idea.
As a public figure, they must prove that The Atlantic acted maliciously – that is, either knowingly published something false, or showing reckless disregard for whether it was true or not. The Atlantic is a liberal magazine, but it has serious reporting features.
Kash Patel doubles down on lawsuit against The Atlantic, calls outlet ‘fake news mafia’
Additionally, Patel will open himself up to discovery, meaning the defendants could have access to all kinds of emails, texts, and documents, some of which will certainly be incriminating. He could be deposed under oath. He will have equal rights.
Malicious questioning has been the legal standard for public figures since a 1964 Supreme Court decision. Now I think this conservative court may overturn it. But I don’t think this case will reach hearing.
Atlantic reporter Sarah Fitzpatrick reported on an anonymous basis, “I interviewed more than two dozen people about Patel’s conduct, including current and former FBI officials, employees of law-enforcement and intelligence agencies, hospitality-industry workers, members of Congress, political activists, lobbyists, and former consultants.”
Atlantic reporter Sarah Fitzpatrick claims she spoke to more than two dozen people about Patel’s conduct – including current and former FBI officials. (Brandon Smialowski/AFP)
Patel’s lawsuit states that despite his denials, he was given just two hours to respond to the magazine’s list of questions.
He provided a statement that included the article, and the denial was repeated by White House Press Secretary Carolyn Leavitt, who said, “Director Patel remains a key player on the administration’s law and order team.”
In the article, Patel is described as “panic” when he could not sign in to the internal computer system and told staff members he was fired. It turned out to be a mess.
FBI Director Kash Patel vows to take The Atlantic to court over ‘disgraceful’ report
Among the allegations in the Fitzpatrick excerpt:
“Multiple officials told me that Patel’s drinking has been a matter of repeated concern throughout the government. They said he was known to drink to the point of becoming intoxicated… Early in his tenure, meetings and briefings had to be scheduled for later in the day because of his drunken nights out, six current and former officials and others familiar with Patel’s schedule told me.
According to information provided to Justice Department and White House officials, “On several occasions last year, members of his security squad had difficulty waking Patel because he was intoxicated.”
The Atlantic described Patel’s drinking as “no secret. During an official visit to Italy in February, he was filmed drinking beer after the U.S. men’s Olympic hockey team’s gold medal win. According to two officials familiar with the call, the incident prompted the president – who does not drink alcohol and whose brother died after a long struggle with alcohol – to call the FBI director to express his displeasure.”
Additionally, the article states, “Patel has led a purge of people he believes are anti-Trump ‘conspirators’ or ‘enemies’ within the FBI. This has included firing people, launching internal investigations, and pressuring agents to step down when they pushed back against Patel’s demands – or were believed to have pushed back – or questioned their legitimacy.”
Patel, a onetime congressional aide, is a lawyer and an occasional public defender who served in various positions during Trump’s first term and became director of the Trump Media and Technology Group in 2022.
In his lawsuit, the FBI chief said the article was “filled with false and obviously fabricated allegations, designed to destroy Director Patel’s reputation and remove him from office… Director Patel is not a heavy drinker.”
How Donald Trump tried to corner the Atlantic – and why a liberal magazine gave an interview
Under the leadership of editor Jeffrey Goldberg, The Atlantic won its first Pulitzer Prize and three consecutive National Magazine Awards for general excellence. Adweek named him Editor of the Year and last year he won the John Chancellor Award for Excellence in Journalism.
It was Goldberg, you’ll recall, who was accidentally copied on the Signal chat in which Secretary of War Pete Hegseth shared classified war information. But he cooperated with the administration on what could be published impartially.
Although Trump attacked Goldberg last year as an “idiot,” he later invited him and two reporters for an Oval Office interview.
The President, trying to get a favorable cover story, posted that he was meeting Goldberg “of all people.”
“It was my way of explaining to people that you’re here, because most people would say, ‘Why are you doing this?’ I’m doing it because there’s a certain honor in it,” he told Goldberg.
President Donald Trump met with The Atlantic’s Jeffrey Goldberg last year. (Brandon Smialowski/AFP/Getty Images)
Of course, the president has sued several news organizations, winning settlements of at least $16 million from CBS and ABC.
In that way, Patel’s lawsuit isn’t necessarily about winning.
The FBI director may be going to court to force the magazine to hire lawyers and as part of the Trump campaign to intimidate the media and perhaps to tone down or suppress highly critical stories. (And yet the president talks to reporters almost every day, increasingly takes their calls, and is headed to his first White House correspondents dinner.)
Subscribe to Howie’s Media Buzzmeter podcast, a look at the hottest stories of the day
The Atlantic is owned by a company founded by Steve Jobs’ widow Laurene Powell Jobs, who is the magazine’s principal investor and chairman. He has spent approximately $5 billion on issues such as the environment and social justice, almost half of his inherited wealth. Deep pockets don’t seem to be a problem.
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Kash Patel pursuing the trial has raised serious questions about his conduct, even if he has denied them. All he has done so far is put the allegations on a huge national platform.
