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FBI Director Kash patel files a lawsuit against the Atlantic for false reporting on drinking and absences

After an article was published on Friday claiming that the FBI director Kash Patel had a drinking issue which could be a danger to national security, Kash filed a lawsuit for defamation against The Atlantic and its reporter Sarah Fitzpatrick.

The article, originally titled "Kash Patel’s Erratic Behaviour Could Cost Him His Job," quoted more than two dozen anonymous witnesses who expressed concern about?Patel’s "conspicuous drunkenness and unexplained absenteeism" which "alarmed officials from the FBI and Department of Justice."

The Atlantic's online version of the article, titled "The FBI director is MIA", reported that, during Patel’s tenure, early meetings had to be rescheduled "as a consequence of his alcohol-fueled night" and that Patel was "often away or unreachable" which delayed time-sensitive investigations.

The Atlantic reported that the White House, Department of Justice, and Patel all denied the allegations. In the article, Patel was quoted as saying, "I'll be there in court, bring your checkbook." The FBI was credited with making this statement.

Patel told. They were told the truth and chose to publish falsehoods despite being informed.

The Atlantic released a statement saying, "We will defend the Atlantic and our journalists vigorously against this meritless suit."

Could not independently verify the accuracy of the articles or why the publication changed its title.

Patel's lawsuit says that, while the Atlantic has the right to criticize FBI leadership, they "crossed the legal line" when they published an article "full of false and clearly fabricated allegations intended to destroy Director Patel’s reputation and force him out of office."

The lawsuit filed in the U.S. District Court for the District of Columbia seeks damages of $250 million.

The lawsuit claims that the Atlantic did not respond to the FBI denials or to the Friday letter sent by Patel's attorney,?Jesse Binnall? to senior editors of the Atlantic and its legal department? asking for more time to refute 19 allegations made by the reporter to the FBI press office.

According to the complaint, the letter was sent just before 4 pm on Friday, and the Atlantic published it at 6:20 pm. The complaint could not determine how the Atlantic reacted to Binnall’s request.

The lawsuit claims that the publication acted "with actual malice." This is a legal standard which requires public figures like Patel to prove the publisher intentionally printed false information or recklessly overlooked doubts about the accuracy of the information.

The lawsuit states that "Defendants' deliberate decision to ignore detailed, specific and substantive refutations contained in the Pre-Publication Letter and their refusal of giving a reasonable amount of time for Director Patel and the FBI to respond is one of the strongest evidences of actual malice."

The Supreme Court set a high standard for defamation cases, requiring public figures such as Patel to prove the Atlantic or its reporter knew that their?reporting' was false but published it anyway.

Deanne Schullman is a media attorney with Shullman Fugate PLLC in Florida. She believes that the suit has a low chance of success. "Simply failing to get a response from the other party is not enough to prove actual malice."

Binnall, a Republican lawyer of note, has represented U.S. president Donald Trump in a number of civil cases. One such case was brought by U.S. Capitol Police Officers over Trump's role in the riots on January 6, 2017. He also represented Donald Trump Jr. and former national security adviser Mike Flynn. Binnall was the attorney who led Trump's challenge against Nevada's election results for 2020.

This is not the first time a Trump administration official has sued a media outlet. The judge dismissed Trump’s lawsuit against CNN because it called election denialism "the big lie." The judges also dismissed Trump's lawsuits filed against the Wall Street Journal and the New York Times. Trump has re-filed his lawsuit against The New York Times and may re-file against the Wall Street Journal.

He has also negotiated some settlements. ABC News settled a lawsuit for $15 million, plus $1 million of legal fees. Paramount Global has agreed to pay $16m to settle a dispute involving what the Trump Administration called "deceptive edits" in a CBS News interview of Kamala Harris, his opponent for the election in 2024. (Reporting from Washington by Jana Winter; Additional reporting in New York by Jonathan Stempel; Editing by Michael Learmonth Lisa Shumaker Alistair Bell

(source: Reuters)