Kash Patel has followed through on a threat to sue the Atlantic and the author of a story the magazine published that included allegations of “excessive drinking” as well as “conspicuous inebriation and unexplained absences” while in charge of the law enforcement agency.
The US attorney general filed a defamation lawsuit in US district court for the District of Columbia that seeks $250m in damages.
Patel’s legal team accused the magazine and reporter Sarah Fitzpatrick of publishing “a sweeping, malicious, and defamatory hit piece” on 17 April.
“Defendants are of course free to criticize the leadership of the FBI, but they crossed the legal line by publishing an article replete with false and obviously fabricated allegations designed to destroy Director Patel’s reputation and drive him from office,” the complaint reads. “Indeed, Fitzpatrick could not get a single person to go on the record in defense of these outrageous allegations, instead relying entirely on anonymous sources she knew to be both highly partisan with an ax to grind and also not in a position to know the facts.”
Patel’s lawyers accused the Atlantic of acting with actual malice – the legal standard for winning a defamation lawsuit against a public individual.
The action represents only the latest example of the combative relationship between the Trump administration and the press, with lawsuits flying in both directions.
Jesse R Binnall, a lawyer representing Patel, had sent a three-page, pre-publication letter threatening a lawsuit to Fitzpatrick, a veteran national security correspondent, and compelling her to retain her communications relevant to the story.
The article published a promise from Patel that a lawsuit would follow publication: “Print it, all false, I’ll see you in court – bring your checkbook.”
Erica Knight, a spokesperson for Patel, claimed in a post on X that other reporters had passed on rumors about Patel and his alleged inappropriate behavior.
Despite the threats, Jeffrey Goldberg, the editor of the Atlantic, stood by the deeply sourced story, saying in a statement over the weekend: “We stand by our reporting on Kash Patel.” Fitzpatrick said the same in an appearance on MS NOW, telling anchor Jen Psaki, “The Atlantic is nothing but diligent. We have amazing lawyers, amazing editors, and I stand by every word.”
