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. 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. What they're saying: "…
A federal judge's ruling on Tuesday has sided with The Atlantic in its defamation lawsuit against FBI Director Kash Patel, effectively freezing most discovery in the case. U.S. District Judge Emmet Sullivan's 16-page decision highlights the publication's legitimate First Amendment concerns and suggests discovery may be unnecessary.
The lawsuit stems from The Atlantic's April report alleging Patel's heavy drinking, unavailability to staff, and potential job insecurity. Patel denies the allegations and sued the publication shortly after. While both sides may request government records, the judge has paused discovery until ruling on The Atlantic's motion to dismiss the lawsuit.
The Atlantic seeks Justice Department and FBI records to verify the truth of its reporting and Patel's reputation, warning that the process could expose confidential sources to retaliation. Patel criticized the requests as overly broad, encompassing his medical and travel records, calendar, and personnel decisions. Sullivan dismissed Patel's objection, agreeing that The Atlantic faces substantial prejudice if discovery proceeds.
The judge noted The Atlantic's concern that Patel may attempt to leverage governmental power during the lawsuit and broader criticism of his FBI leadership. The Atlantic and FBI have not yet responded to requests for comment.
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