FBI Director Kash Patel claims defamation, announces lawsuit against The Atlantic

Added: 2026-05-05

[00:00:00]All right. This week, FBI Director Cash Patel announced a lawsuit against The Atlantic. He is claiming defamation after the outlet published a story that that said he drinks to excess and he's had unexplained absences while running the bureau. The Atlantic says it is standing by its reporting. So, we bring in 9 News legal analyst Whitney Trailer to talk to us about this because it's not cut and dry. Defamation never is.

[00:00:24]>> What is the definition of defamation? I mean, we hear that term, but legally. So the legal definition there's four elements. So a defamatory statement which means one that's likely to harm your reput reputation communicated to a third party false and causes damages.

[00:00:41]Now and that's really difficult. The damages part is always the issue with with not always the issue but that's generally an issue with defamation. How much is my reputational harm worth in dollars?

[00:00:52]>> Right? But you have to get to that phase first for anybody to start talking about how much money you're going to get. And defamation is tricky especially when you're a public figure because right you have to prove malice.

[00:01:04]>> Yeah. So actual malice which means and this was the case in both of these situations with President Trump and Cash Patel was the actual malice in terms of did they know or should have known that it was false. So what what that means is they either knew it was false and published it or they seriously doubted the truth of it and published it. And that's such a high burden and that's when it's a public figure. You have to add that extra element of actual malice.

[00:01:33]>> In this political climate and and there have been so many lawsuits from the Trump administration suing um various um news organizations in general. Um they are staying by their reporting. That's what everybody says. We're staying by our reporting. But typically that means you've got several sources. So if you've looked at that lawsuit, do you think there's any merit to it >> on the the Trump lawsuit or the cashel?

[00:01:56]>> Yeah. Um, you know, it's a good question. And they said that they had two dozen anonymous sources. And so inside and outside service workers at places where they said he'd been drinking. Like they it's a it's a well sourced article. And they had to have known, right, that this was going to invite a lawsuit.

[00:02:14]>> I don't I don't know. But but they they had the two the two dozen. I don't know if they had to have known. And Cash Patel, his argument is they gave him two hours notice. They didn't um they didn't vet it out. They didn't have any known sources. These were all anonymous sources. Um so I I don't think there's a lot of merit to it. I think this is more of a bully pullpit and threatening. And he said that I'm going to sue you. He's been telling everybody I'll see you in court. But when you have the Atlantic, which is very reputable and they have two dozen sources, I just don't see it happening. Uh I think there's merit to it and that the case will go forward where we're at at this point. But they he just filed it. They haven't even filed their response. And part of the issue though with these defamation claims, and this is where you have to be really careful, and as as an attorney, I would advise my client, look, you are upset about this thing that they said that may or may not be true. The client's going to say it's not true.

[00:03:15]>> This is going to highlight it. It's going to bring so much attention to it.

[00:03:18]And then in the court, you're going to have to produce discovery. There's going to if there's testimony about it. So, in this case, they're going to call all those witnesses uh that that came up and and those witnesses are going to have to testify. So, uh it's going to >> sometimes you have to weigh your options in what it's worth, >> right? There's discovery in these things and you'll be able to depose people. I'm wondering I this is this is a technical question, but these are anonymous sources as you pointed out.

[00:03:44]>> If this goes if there's no settlement here or it goes to trial, can anonymous sources be subpoenaed?

[00:03:51]>> Well, that's a question. Now, that's going to be an issue related to the the press and whether they want to disclose their their sources. But yeah, they if if if they the Atlantic doesn't disclose them, that's going to be difficult. But yes, they would be subpoenaed and and come in. And I would suspect all of them would say, "You need to subpoena me, so I have to come in." They probably wouldn't come in voluntarily.

[00:04:13]>> Okay, we want to know more about damages on another day.

[00:04:16]>> Okay, >> I know because there will be more lawsuits, the things to talk about, how you decide these things. So, thank you, Whitney.

[00:04:22]>> All right. Sure thing.