Kash Patel sues Atlantic over story about how his paranoia and drunkenness interferes with FBI (3 Viewers)

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superchuck500

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The story, in The Atlantic (as venerable of a publication as we have these days) written by Sarah Fitzpatrick (adjunct professor of Journalism at Columbia), tells of inside stories of Patel's behavior - his paranoia of being fired, his "missing" from action at FBI for long stints, and accounts of his drunk episodes including one time when they planned to break the door down to get to him (passed out).

Patel "categorically denies" the allegations and has now filed a $250M lawsuit. Yeah bro, good luck.
Here's the story:


Here's the lawsuit



 

I should caveat that - Atlantic won't settle in the same sense that other media outlets just capitulated and gave tribute to Trump. It's always possible that some sort of litigation risk identified in the progression of the case could in the future raise the possibility of settlement.

But I think that Atlantic and Fitzgerald knew he was going to sue (she even says it in the article) so they're ready to defend it and feel entirely confident in their journalism.
 
I should caveat that - Atlantic won't settle in the same sense that other media outlets just capitulated and gave tribute to Trump. It's always possible that some sort of litigation risk identified in the progression of the case could in the future raise the possibility of settlement.

But I think that Atlantic and Fitzgerald knew he was going to sue (she even says it in the article) so they're ready to defend it and feel entirely confident in their journalism.

yeah i get the first part ( risk assessment ) totally.

But i gotta believe that at some point, someone stands firm knowing full well the information is valid and true and it was in the public interest to know. And then puts the onus BACK on this whack arse administration to prove otherwise. ( which leads to discovery/depos and shines light in the little cracks/crevices we normally dont see )
 
yeah i get the first part ( risk assessment ) totally.

But i gotta believe that at some point, someone stands firm knowing full well the information is valid and true and it was in the public interest to know. And then puts the onus BACK on this whack arse administration to prove otherwise. ( which leads to discovery/depos and shines light in the little cracks/crevices we normally dont see )

Kash Patel is not a talented person. He's an even worse lawyer.

He clearly thinks this is some kind of retaliation but here are the likely scenarios:

Scenarios that favor Atlantic and are unfavorable for Patel:
(1) the case gets dismissed on a preliminary motion because he cannot plausibly allege the elements of the claim;
(2) the case goes to discovery where people get deposed and likely to corroborate the story (because we all know its true but also because Fitzgerald and Atlantic are good at their jobs) and then Atlantic wins on summary judgment or Kash drops the suit;
(3) this goes to trial and there is evidence/testimony supporting the reporting and Atlantic wins at trial.

Scenarios that favor Patel:
(4) the evidence shows Atlantic story is both false and made with actual malice so Atlantic settles;
(5) Patel wins at trial.


In the odds of these scenarios, 4 and 5 are clearly the lowest. It's very hard to win public figure defamation cases anyway - but here on these facts, he's almost certainly going to lose at some juncture. The story is out. Atlantic isn't going to retract it. And he isn't going to win. So what's the point? To say "they lied and I sued them for it" as some kind of rhetorical tool for a little while?

I haven't done the research on whether this applies, but the suit is in DC and DC has an Anti-Slapp lawsuit that could be applicable and give Atlantic the right to recover attorneys fees from Patel if the statute is found to apply (these laws give defendants a right to recover damages - usually attorneys fees - when defamation suits are filed for the purpose of retaliating against public comments about a public interest story).
 
In a cabinet full of unserious people, Patel may be the biggest clown of all. That's really saying something.
Hegseth says "HOLD MY BEER".

At least Patel is a lawyer that was a Federal Prosecutor, Hegseth was an average idiot GUARDSMEN that only attained the paygrade of O-4 through an on-again/off-again 20yrs of service.
 

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