The Atlantic can pursue FBI records in fight with Kash Patel
A federal judge took sharp aim at FBI Director Kash Patel on Tuesday, ruling in favor of The Atlantic and freezing most discovery in his defamation lawsuit against the publication.
Key points
- Catch up quick: Patel sued The Atlantic after the magazine reported in April that he allegedly drinks excessively and is sometimes unavailable or difficult for his staff to wake because he was seemingly intoxicated.
- The intrigue: The Atlantic warned that discovery could involve "the sitting FBI Director invading Defendants' newsgathering and editorial processes," potentially exposing confidential sources to retaliation.
- Patel complained the requests were too broad, seeking everything from his medical and travel records to his calendar and records about personnel decisions.
The Atlantic called Patel a "serial defamation plaintiff" and warned that he "may seek to wield governmental power" in connection with the lawsuit and broader criticism of his FBI leadership.
The Atlantic says it needs Justice Department and FBI records to assess the truth of its reporting and Patel's reputation.
Additional details
- Why it matters: The ruling shields The Atlantic from potentially intrusive demands for its reporting materials and confidential sources while the court weighs dismissing the case entirely.
- Neither The Atlantic nor the FBI immediately responded to Axios' request for comment.
- Zoom in: The judge paused most discovery until he rules on The Atlantic's motion to dismiss the lawsuit, but both sides may request government records.
- Worth noting: Sullivan didn't rule on whether the Atlantic's reporting is true or whether Patel was defamed.
- "The Court concludes that discovery should be stayed at this juncture because of Defendants' legitimate First Amendment concerns and because discovery may be unnecessary," Sullivan wrote.
How this summary was made: extractive summary — built from the sources' own reporting. It is drawn only from the reporting of the sources listed below — read the originals for full detail. How we summarize →
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