Kash Patel’s Strategic, Frivolous Lawsuit Against The Atlantic
5/7/202640 min
The New Yorker’s general counsel, Fabio Bertoni, joins Tyler Foggatt to discuss Kash Patel’s two-hundred-and-fifty-million-dollar lawsuit against The Atlantic, on claims that the magazine defamed the F.B.I. director in an article that alleges on-duty inebriation and other misconduct by Patel. Bertoni and Foggatt examine the legal rationale behind Patel’s accusations, and the questions that the case raises about the use of anonymous sources, by The Atlantic and other publications. They also explore how Patel’s suit fits into President Donald Trump’s longstanding litigious relationship with the press, and the broader wave of lawsuits that Trump has brought against media organizations. Will these cases influence the kind of reporting that outlets are willing to publish, let alone pursue? Bertoni and Foggatt consider whether existing press protections are strong enough to withstand the mounting legal attacks.
This week’s reading:
- “Kash Patel’s Implausible Lawsuit Against The Atlantic,” by Fabio Bertoni
- “How the Iran War Is Shifting Power Toward China,” by Ishaan Tharoor
- “Was the Declaration of Independence Better Before the Edits?,” by Jill Lepore
- “Barack Obama Considers His Role in the Age of Trump,” by Peter Slevin
- “How the Supreme Court Demolished the Voting Rights Act,” by Jeannie Suk Gersen
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Transcript preview
First 90 secondsEvan Osnos· Soundbite0:00
[gentle music] If you're a fan of The Political Scene podcast from The New Yorker, I hope you'll join us for a live taping of the show at 92NY in Manhattan.
Speaker 10:09
We're gonna be talking about Donald Trump's falling approval numbers, the prospects of a comeback for the Democratic Party in the midterms.
Speaker 20:18
And let's just say the potential threats to the integrity of the election that are coming from the president.
Evan Osnos· Soundbite0:24
I hope you'll join me, Evan Osnos, and my colleagues, Susan Glasser and Jane Mayer, on June 4th at 7:00 PM. Ticket information is at 92ny.org.
Speaker 30:35
Hey, neighbor.
Speaker 40:40
Oh, hey.
Speaker 30:41
What's the rush? Anything I can help with?
Speaker 40:44
There's so much to do. The yard's easy, but I've still gotta figure out all this property-tax protest stuff.
Speaker 30:50
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Speaker 40:57
Wow. [laughs] I could afford a landscaper.
Speaker 31:00
Or a vacation.
Speaker 41:01
Oh, even better.
Tyler Foggatt· Host1:02
Save on your property taxes with Ownwell. Go to O-W-N-W-E-L-L.com/texas. [gentle music] Hey, Fabio.
Fabio Bertoni· Guest1:15
Hi, Tyler.
Tyler Foggatt· Host1:16
Thanks so much for being here.
Fabio Bertoni· Guest1:17
Thanks for having me.
Tyler Foggatt· Host1:18
So in addition to having the most important job at the magazine as The New Yorker's general counsel, you write every now and then, and most recently you wrote a piece about Kash Patel's lawsuit against The