Earlier this month, The Atlantic published a hit piece on FBI Director Kash Patel, accusing him of frequently drinking to excess and often being absent from work and unreachable by colleagues in the administration. Reporter Sarah Fitzpatrick’s article claims that Patel’s deficiencies are a threat to national security given the essential role the FBI director has in protecting the country from grave threats.
Patel responded by suing The Atlantic and Fitzpatrick for defamation. His lawyers argued that the article’s claims are false and accused The Atlantic of behaving irresponsibly by publishing them. The lawsuit alleges that, among other things, the magazine did not give Patel sufficient time to respond to the allegations before publication, and that the article did not adequately convey the denials and counterevidence that Patel and his supporters had provided.
What are we to make of all this?
Patel certainly has something to complain about. The Atlantic presents the claims of his alleged drunkenness and absenteeism as facts, not as mere speculation. And, as his filing notes, such factual claims certainly amount to libel per se. That is, they are claims that are prima facie injurious to reputation without the need to consult their context.