FBI Director Kash Patel is urging a federal judge to reject The Atlantic's motion to dismiss his $250 million defamation lawsuit, arguing that the court must draw all inferences in his favor at this early stage of the case.
In a late-night filing responding to the magazine's dismissal request, Patel's attorneys with Binnall Law Group asserted that Senior U.S. District Judge Emmet Sullivan "must" move the Washington, D.C., case forward because the complaint "plausibly alleges falsity" and a coordinated effort to "destroy" him.
Background
The lawsuit stems from an Atlantic article that included allegations of "excessive drinking" and instances where Patel was allegedly "unreachable behind locked doors." The FBI director has categorically denied these claims, telling the publication before publication: "Print it, all false, I'll see you in court—bring your checkbook."
Patel's legal team contends the Atlantic staff writer Sarah Fitzpatrick "willfully avoid[ed] receiving information that would refute their narrative" and published what they characterize as "pure fantasy" about him.
This is not Patel's first defamation lawsuit over similar allegations. In April, a separate suit against former FBI counterintelligence assistant director Frank Figliuzzi—over claims Patel appeared at a "nightclub" while intoxicated—was dismissed by a federal judge in Texas who concluded the allegations did "not state a claim that is plausible on its face."
The Charges
The Atlantic filed its motion to dismiss in July, arguing Patel failed to state a viable claim. The magazine's editor-in-chief Jeffrey Goldberg previously called the lawsuit "politically motivated retaliation" and "meritless," stating it "should be dismissed as a matter of law." An Atlantic spokesperson declined to comment for this report.
Patel's response cited the Figliuzzi case as evidence that media defendants have "manufactured a narrative to destroy Dir. Patel," claiming the Atlantic's reporting "echoed a similar fabrication previously aired by [Figliuzzi] on Morning Joe."
The filing alleges the publication had motives to lie and "never interviewed Director Patel himself" before running the story.
Separately, The Atlantic has sought to halt discovery until Judge Sullivan rules on the motion to dismiss—except for discovery of purported internal DOJ and FBI information that Patel's complaint relies upon. Patel's team countered that this represents "discovery for me but not for thee," arguing the magazine seeks to open "the flood gates" while shielding itself from discovery in the opposite direction.
Key Takeaways
- Patel is suing The Atlantic for $250 million over an article alleging excessive drinking and being unreachable at work
- The Atlantic moved to dismiss in July, citing a similar successful dismissal in Patel's lawsuit against Frank Figliuzzi
- Patel's attorneys claim the magazine never interviewed him before publishing and deliberately avoided his denials
- Jeffrey Goldberg called the lawsuit "politically motivated retaliation" and meritless
- Discovery proceedings remain contested as the motion to dismiss awaits ruling
What's Next
Judge Emmet Sullivan has not yet ruled on The Atlantic's motion to dismiss. If the case proceeds, both sides would engage in discovery, including document requests and depositions. Patel's attorneys argue time is critical given "the ongoing defamation and damage to the Director of the FBI." Attorney Jesse Binnall did not respond to Law&Crime's request for comment.