About this episode
The Atlantic published an article citing more than two dozen anonymous sources alleging that Kash Patel, the current FBI director, is frequently drunk at work, misses meetings, and has engaged in conduct that raises serious national security concerns. Within days, Patel filed a $250 million defamation lawsuit in the U.S. District Court for the District of Columbia.
Hawk walks through the legal standards that apply to public figures in defamation cases, including the actual malice standard established in New York Times v. Sullivan, and explains why Patel faces an extraordinarily high burden of proof. The lawsuit is represented by attorney Jesse Benall, who previously represented Donald Trump in efforts to overturn the 2020 election, the Mar-a-Lago classified documents case, and multiple January 6th related civil suits.
The complaint itself is examined in detail, from its self-serving denials lacking evidentiary support, to its repetitive structure, to its irrelevant sections touting FBI statistics. Hawk also covers the court's same-day dismissal of Patel's earlier defamation suit against former FBI official Frank Figliuzzi, and what the discovery process could mean for Patel if this lawsuit proceeds.
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