Kash Patel’s Strategic, Frivolous Lawsuit Against The Atlantic
Key takeaways
- 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.
- “Kash Patel’s Implausible Lawsuit Against The Atlantic,” by Fabio Bertoni
- “How the Iran War Is Shifting Power Toward China,” by Ishaan Tharoor
With Tyler Foggatt May 6, 2026Save this story Save this story Save this story Save this story Listen and subscribe: Apple | Spotify | Wherever You Listen
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Fabio Bertoni, The New Yorker’s general counsel, 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 long-standing 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.