What they say: “Plaintiff misrepresents Defendants’ argument, the court’s reasoning in Moldea, and the applicable standard 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 point because of Defendants’ legitimate First Amendment concerns and because discovery may be unnecessary,” Sullivan wrote.
Catch up quickly: Patel sued The Atlantic after the magazine reported in April that he allegedly drank excessively and was sometimes unavailable or difficult for his staff to wake up because he was apparently drunk.
- The story also claimed that Patel was increasingly fearful of losing his job.
- Patel denied the report and continued publishing shortly after the story aired.
Zoom: The judge has suspended most investigations until he rules on The Atlantic’s motion to dismiss the lawsuit, but both sides can request government documents.
- The Atlantic says it needs Justice Department and FBI records to assess the veracity of its reporting and Patel’s reputation.
- Patel complained that the requests were too broad, seeking everything from his medical and travel records to his calendar and records on personnel decisions.
- Sullivan rejected Patel’s objection that the arrangement was unfair.
The plot: The Atlantic warned that the discovery could involve “the sitting FBI director invading the defendants’ information-gathering and redaction processes,” potentially exposing confidential sources to retaliation.
- The Atlantic called Patel a “serial defamation plaintiff” and warned that he “may seek to exercise government power” in the lawsuit and broader criticism of his leadership of the FBI.
- Sullivan acknowledged that the magazine had “legitimate First Amendment concerns” and believed it would suffer “significant harm” if the investigation took place now.
Please note: Sullivan did not rule on the veracity of the Atlantic’s reporting or whether Patel was defamed.
- Neither The Atlantic nor the FBI immediately responded to Axios’ request for comment.
Go deeper: Kash Patel files $250 million defamation suit against The Atlantic
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