Kash Strapped

And so it came to pass that FBI Director Kash Patel has sued The Atlantic for $250 million, claiming defamation from their damning story about what they wrote was an out-of-control drinking problem. From what most experts I’ve read had to say – and common sense – this seems a very ill-thought-out thing to do.

Now, of course, I have no idea if the story is true or not. But it seems that if you’re going to write a major story about a huge drinking problem by the FBI Director, any respectable publication (and whether one believes the story or doesn't, The Atlantic is a very respectable and highly regarded publication that has continuously published for 169 years) is going to check its sources – and the get secondary sources and check them – and for a story like this, probably get third sources. And then the legal department is going to go over everything in meticulous detail. And then go over it again.

This doesn’t mean the story is accurate. But it does mean it’s likely accurate in reporting what it’s confirmed sources have said and backed up – and almost certainly not defamatory, which is a very hard thing to prove, since requires intent and sloppy, irresponsible work.

But then, it’s not like this is the first problem to his reputation that has swirled around Kash Patel, from reports of using government planes to fly to see his country music girlfriend perform, assigning FBI SWAT team personnel to protect his girlfriend, and ordering FBI security guards assigned to his girlfriend to drive her intoxicated friend home, to regularly tweeting FBI statements that were premature and had to be retracted – including not being accessible when major problem have broken in the news or irresponsibly tweeting on breaking FBI news while dining in a restaurant.

Yet another problem for Kash Patel is that there exists widely seen video of him in the locker room of the U.S. Men’s Hockey Team celebrating their victory guzzling peer and praying it around the room, while on what was supposedly a security conference he flew to Italy for.

An additional problem that Patel caused is that, without a lawsuit, all the sources that The Atlantic used in its article would remain anonymous, and could be challenged in public for that. Not that that means the anonymous sources weren’t telling the truth, just that being anonymous, Patel could build a campaign to demean them. And The Atlantic reporter Sarah Ferguson would keep her sources private. But now, with a lawsuit, the sources can be subpoenaed to testify under oath.

But the biggest problem that Patel has created for himself by suing is that it allows for discovery in the process whereby The Atlantic lawyers can depose FBI personnel and question them, as well as request internal documents and emails. But such discovery doesn't stop at this story's edge.

As Michael Popok, a lawyer and host of the podcast "The Intersection with Michael Popok," said these depositions could allow The Atlantic to find out about other stories they’ve written, and fill them out with more detail.

"What you've really done is open up Kash Patel, those in his inner circle, both current and former FBI, those who have been fired, and all the sources for the reporting to have to testify," Popok said.

"This is one of the dumbest things I've ever seen," he added.