Legal Af
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Kash Patel's $250 Million Lawsuit is DOOMED to FAIL
Posted
April 30, 2026
Views
7,812
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April 30, 2026
7,812
765
30
10.18%
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11:18Now PlayingAttorneys Brian Kabateck and Shant Karnikian predict another Trump orbit courtroom loss after FBI Director Kash Patel filed a $250 million defamation lawsuit against The Atlantic over a story titled "The FBI Director Is MIA." The article, by reporter Sarah Fitzpatrick, cited more than two dozen anonymous sources across the FBI, DOJ, and other government circles alleging excessive drinking, intoxication at private clubs in D.C. and Las Vegas, morning meetings rescheduled due to apparent hangovers, unexplained absences, erratic and paranoid behavior, and weekend trips to Las Vegas. Patel's response before filing: "Print it. All false. I'll see you in court. Bring your checkbook." Brian and Shant walk through why that bravado won't survive contact with New York Times v. Sullivan. As a public figure, Patel must prove actual malice — that The Atlantic knew the reporting was false or published it with reckless disregard for the truth. That's nearly impossible when the outlet relied on over 20 sources, gave Patel an opportunity to respond before publication, and printed his denial. Telling a reporter "it's all false" doesn't create actual malice — it's the same argument Trump just lost on in the Wall Street Journal Epstein case days earlier, where a federal judge said Trump's complaint "comes nowhere close" to the standard. Brian notes Patel is simply imitating his boss, and asks the obvious question: how has that strategy worked out for Trump?
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