FBI director Patel sues magazine over drinking claims
FBI director Kash Patel filed a defamation lawsuit against The Atlantic and its reporter Sarah Fitzpatrick after the publication of an article claiming she 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 anonymous 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-fuelled nights out” 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 frivolous 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, seeks damages of US$250 million ($349 million).
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 requesting 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. on 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.
The Supreme Court has set a high bar for defamation claims, requiring public figures like Patel to prove that the Atlantic or its reporter knew their reporting was false and published it anyway.
