The Atlantic can pursue FBI records in fight with Kash Patel
· Axios
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.
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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: "Plaintiff misrepresents Defendants' argument, the court's reasoning in Moldea, and the standard applicable in this District," U.S. District Judge Emmet Sullivan wrote in his 16-page ruling.
- "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.
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 story also alleged that Patel had grown increasingly worried about losing his job.
- Patel denied the reporting and sued the publication shortly after the story aired.
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.
- The Atlantic says it needs Justice Department and FBI records to assess the truth of its reporting and Patel's reputation.
- Patel complained the requests were too broad, seeking everything from his medical and travel records to his calendar and records about personnel decisions.
- Sullivan rejected Patel's objection that the arrangement was unfair.
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.
- 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.
- Sullivan agreed that the magazine had "legitimate First Amendment concerns" and found it would face "substantial prejudice" if discovery proceeded now.
Worth noting: Sullivan didn't rule on whether the Atlantic's reporting is true or whether Patel was defamed.
- Neither The Atlantic nor the FBI immediately responded to Axios' request for comment.
Go deeper: Kash Patel files $250M defamation lawsuit against The Atlantic