FBI Director Kash Patel sued the Atlantic and staff writer Sarah Fitzpatrick in federal court, alleging that the magazine ran a “sweeping, malicious, and defamatory hit piece” against him on Friday with the intention of marring his reputation.
In the complaint, filed in federal district court in D.C., Patel says he is seeking $250 million in damages plus any proceeds from the article.
The Atlantic’s article contained extensive reporting — attributed to anonymous individuals — alleging Patel engaged in “excessive drinking” and “unexplained absences” while leading the FBI.
The complaint alleges that several incidents detailed in the article are defamatory. These incidents include that Patel was often intoxicated with White House and Trump administration staff, that meetings had to be rescheduled following nights that he drank, and that staff had to use “breaching equipment” to access rooms when Patel had reportedly been unreachable.
“We stand by our reporting on Kash Patel, and we will vigorously defend The Atlantic and our journalists against this meritless lawsuit,” Anna Bross, a spokeswoman for the Atlantic, said in a statement.
Under defamation law, Patel — as a public official — would likely have to demonstrate that the Atlantic acted with “actual malice,” a legal standard established in the landmark 1964 Supreme Court decision in New York Times v. Sullivan.
To reach that standard, Patel would have to prove not only that the Atlantic’s claims were false but also that they knew they were false and published with reckless disregard for the truth. “They are so demonstrably and obviously false, or easily refuted,” the complaint said, “that it was at best reckless to publish them.”
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