FBI director Kash Patel has sued The Atlantic and reporter Sarah Fitzpatrick over a story that alleged Patel has “alarmed colleagues with episodes of excessive drinking and unexplained absences.”

The defamation suit, filed Monday morning in US District Court in the District of Columbia, seeks $250 million in damages.

The Atlantic called the suit “meritless.”

“We stand by our reporting on Kash Patel, and we will vigorously defend The Atlantic and our journalists against this meritless lawsuit,” a spokesperson told CNN.

  • ConstableJelly@piefed.social
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    7 days ago

    “Actual malice” is the high legal standard that public figures must meet to prevail in a defamation case.

    I was curious what side enjoys the benefit here given, y’know… the First Amendment, and it seems like this is definitely a performative move on the government’s side.

    Adam Steinbaugh, a First Amendment lawyer at the Foundation for Individual Rights and Expression, shared a different assessment on Monday.

    “Patel said proving actual malice is a ‘lay up’ (no), but the allegations in this complaint don’t even hit the backboard,” Steinbaugh wrote on X. “It will, however, accomplish the primary goal: making media outlets weighing a story think about the cost for attorneys to get a meritless lawsuit tossed.”

    I’m not sure this holds up logically. WaPo and NYT did gangbusters during Trump’s first term, before their ownership structure and content guidelines pivoted hard toward institutional supplication.

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    There is value to the credibility that comes from standing up to actual authoritarianism, if you’re not captive to the billionaire mindset. I have to imagine that the cost/benefit for publicity like this is pretty attractive to these publications’ accounting departments.