FBI Director Kash Patel sues the Atlantic claiming false reporting about drinking, absences

By Jana Winter

April 20 (Reuters) – FBI Director Kash Patel filed a defamation lawsuit against the Atlantic and its reporter Sarah Fitzpatrick after the publication of an article on Friday claiming the director had a drinking problem that could pose a threat to national security.

The magazine’s story, originally titled “Kash Patel’s Erratic Behavior Could Cost Her Job,” quoted more than two dozen unnamed sources expressing concern about Patel’s “conspicuous” drunkenness and unexplained absences that “alarmed officials at the FBI and Justice Department.”

The article, which The Atlantic later titled “FBI Director MIA” in its online version, reported that during Patel’s tenure, the FBI had to reschedule early meetings “as a result of his alcohol-filled nights” and that Patel “was often away or unavailable, delaying time-sensitive decisions needed to advance investigations.”

In the Atlantic’s report, the White House, the Department of Justice and Patel denied the allegations. The article included a statement from the FBI attributed to Patel: “Print it out, it’s all fake, see you in court; bring your checkbook.”

“The story of the Atlantic is a lie,” Patel said in an interview with Reuters. “They were given the facts before publication, and they still chose to print the lies.”

“We stand by our reporting on Kash Patel and will vigorously defend the Atlantic and our journalists against this baseless lawsuit,” the Atlantic said in a statement. he said.

Reuters could not independently determine the accuracy of the article or why the publication changed the headline.

Patel’s complaint states that although the Atlantic was free to criticize FBI leadership, they “crossed the legal line” by publishing an article “filled with false and clearly fabricated allegations designed to discredit Director Patel and remove him from office.”

The lawsuit, filed in the US District Court for the District of Columbia, demands $250 million in damages.

The lawsuit alleges that The Atlantic ignored the FBI’s denials and failed to respond to a Friday letter from Patel’s attorney, Jesse Binnall, to senior editors and the Atlantic’s legal department asking for more time to rebut 19 allegations that the reporter said the FBI would release to the press office.

The letter seen by Reuters was sent shortly before 4 p.m. Friday, according to the complaint, and The Atlantic published the story at 6:20 p.m. Reuters was unable to determine how or whether Atlantic responded to Binnall’s request.

The lawsuit alleges that the publication acted with “actual malice”; This is a legal standard that requires public figures like Patel to show that the publisher knowingly printed false information or recklessly ignored doubts about the accuracy of that information.

“Defendants’ conscious decision to ignore the detailed, specific, and substantive denials in the Pre-Publication Letter and their refusal to give the FBI and Director Patel a reasonable time to respond is one of the strongest possible evidence of actual bad faith,” the lawsuit states.

Binnall is a prominent Republican attorney who has represented U.S. President Donald Trump in numerous civil lawsuits, including one filed by U.S. Capitol Police officers for his role in the Jan. 6 riots. He represented Trump’s eldest son, Donald Trump Jr., and former national security adviser Mike Flynn, and prosecuted Trump’s challenge to Nevada’s 2020 election results.

The lawsuit is the latest example of a Trump administration figure suing a media outlet. A judge dismissed a lawsuit filed against CNN by Trump, who called election denialism a “big lie.” The justices also dismissed Trump’s lawsuits against the New York Times and the Wall Street Journal. Trump has reopened his lawsuit against the New York Times and may also re-sue the Wall Street Journal.

He also secured some settlements. ABC News agreed to settle a lawsuit for $15 million plus $1 million in attorney fees. Paramount Global agreed to pay $16 million to resolve a dispute over what the Trump administration called “deceptive editing” of a CBS News interview with 2024 election rival Kamala Harris.

(Reporting by Jana Winter in Washington; Additional reporting by Jonathan Stempel in New York; Editing by Michael Learmonth, Lisa Shumaker and Alistair Bell)