The matter of The Atlantic vs. Kash Patel leaves me gobsmacked. Patel ranks among the least credible and competent of Trump’s sycophants. I would delight in Patel having to expose his character and actions to a jury. More realistically, this absurdity should never get to a jury.
Meanwhile I gather that Patel is still flying around with his girl friend in the business jet that Noem (remember her?) provided him.
Noem bought nearly $500 million of planes, presumably to take immigrants out of America. These planes evidently are currently unused. They included two business jets, one of which was provided to Patel who, for security, is obliged to fly on government aircraft. How he uses it would be a fascinating aside in The Atlantic/Patel brouhaha.
There was already an FBI provided plane for him to use. My guess is that it didn’t have a bar and was not as fancy schmancy as the plane that Noem purchased.
Patel IS an incompetent drunk who also jeopardizes national security. If those of us civilians can see this with moral clarity, surely Judge Sullivan can see the same. Maybe it’s me, but it seems an easy layup.
The way to establish it is to take his deposition. Truth is a complete defense.
Besides this case, The Democracy Forward Foundation filed a Freedom of Information Act (FOIA) request demanding the FBI release Patel's full daily schedules and electronic calendars.
House Investigation: House Democrats launched an investigation seeking tracking data and electronic communications from Patel’s security detail. Because a security detail travels everywhere with the FBI Director, their internal transport logs would register any visits made to the 15th Street NW establishment.
Here's Patel's position from the complaint:
19. Each of the foregoing statements and implications is false. They are so
demonstrably and obviously false, or easily refuted, that it was at best reckless to
publish them.
20. The Article’s assertions that Director Patel drinks to the point of
obvious intoxication at Ned’s in Washington, D.C. and to excess at the Poodle Room
in Las Vegas, and that his drinking “has been a recurring source of concern across
the government,” are false. Director Patel does not drink to excess at these
establishments or anywhere else, and this has not, and has never been, a source of
concern across the government. Prior to publication, the FBI expressly informed
Defendants that each of these allegations was “totally false.” The FBI further
warned Defendants that these allegations echoed a similar fabrication previously
aired by MSNBC’s Frank Figliuzzi on Morning Joe—anonymously sourced
reporting that was later retracted by MSNBC and that is the subject of pending
defamation litigation—yet Defendants published it anyway.
It would be interesting to take the depositions of everyone who was working and or were patrons at Neds and or the Poodle Room at dates and times Patel was a Patron. .
Ned's Club Washington, DC is a highly exclusive, members-only private club located in downtown Washington, D.C., at 734 15th St NW. Occupying the top floors of the historic, restored American Security and Trust building, it serves as a central hub for corporate, political, and cultural elites near Lafayette Square and the White House.
I can't see this case being dismissed at this stage. If you accept all of Patel's allegations as true, then I am certain there is a prima facie case for libel. That is the requirement for a petition for dismissal at this point. It does NOT require that Patel has to prove anything, merely that the statements he makes in his complaint establish that IF all of it is true, it COULD result in a damage assessment against The Atlantic.
This does NOT MEAN in any way that Patel's allegations will hold up. I expect that after discovery, a motion for summary judgment might provide a better conclusion for The Atlantic. But that isn't where we are right now, and so even though it seems tough on the magazine, I think they will have to at least go a bit further before expecting a dismissal.
And I will add that I doubt that even though Sullivan is also handling Katie Phang's case, one will not carry over to the other in any way. Good federal judges don't do that and Sullivan is considered a good one, from what I have read.
I agree. It’s standard practice for most defendants to file a motion to dismiss most of the time because you might get lucky. However, the ones we’ve seen granted were the ones we expected. And discovery will be entertaining if Patel is stupid enough to let it proceed. Some of us might want to pay The Atlantic for the privilege of deposing Patel and his henchmen.
Agree that Judge Sullivan does and undoubtedly will compartmentalize. I've gotten the impression from past reading that he is strongminded and a stickler for detail, and goes scrupulously by the book in managing his cases.
Patel again comes across here as a dangerous, impulsive idiot. (Can we think of anyone else at the top level of government sorta like that?) As JV points out, he's engineered himself into a no-win situation of his own making that he could just have blown off. I don't think he's gonna like discovery _at_all_, if the case gets that far.
Unless Patel decides to withdraw, I expect it will reach discovery. Like it or not, his allegations appear (to me) to rise to the minimal level of establishing a cause of action assuming everything alleged in the complaint is true. That is the standard for getting a suit dismissed on the pleadings. I expect at discovery, his case will at least start to fall apart, but you have to get there first. But I agree with your assessment of Patel 100%. He is an idiot and has no business being in government except that he is willing to kiss Trumps *ss and say "waddyawantmetododaddy?"
I think so as well (that the case will proceed). I'm not a lawyer but if I understand JV's explanation of 12(b)(6), the court has to take the allegations is true. I'll bet dollars to doughnuts that some or many of them are not, but that's OK -- they'll get blown up and exposed for what they are as the case proceeds. I gotta think Jeffrey Goldberg and Laurene Powell Jobs have lots of top-notch legal talent ready to rock 'n' roll on this case.
Also, I don't see Judge Sullivan taking any steps to cut the case short just because he arguably could. That's not how he rolls. Absent some extraordinary circumstance (or Patel's withdrawal), he'll let the case go forward and let the chips fall where they may. And that will be good, as Patel will then be again and further exposed on record and all over the news as an incompetent, alcohol-abusing, grifting liar who is spectacularly unfit and unqualified for public office.
Thank you for the reminder of this case Joyce— I recall the image when Cash was in the locker room… he certainly appears to be an embarrassment to the truth telling FBI of our historical memory in this country. I hope the journalists prevail in this case. Shameful
THANK YOU Prof JOYce - much appreciate you keeping us up to date with ALL of these convicts/drunks/sex offenders-pedophiles!!!
Just like the amazing/brillant Barb McQuade has said.....What as disgrace - head of FBI partying on the job - make a choice... be the leader you are expected to be or continue to party and be a drunk that you really are(of course this is paraphrased)
A publisher is not required to accept a subject’s denial, nor the denial of any "official source," and rejecting those denials does not constitute actual malice. Actual malice is about the publisher’s subjective awareness of falsity, not about whether they politely defer to denials. Courts have held for decades that: a subject’s denial does not obligate a reporter to believe them; ignoring a denial is not reckless disregard; choosing to credit other sources over the subject is not actual malice and even official denials do not require acceptance. No legal duty exists to accept any denial --- subject or official. Actual malice is about what the publisher believed, not about whether they accepted someone else’s denial.
Yes, and that will almost certainly come into play if the case reaches summary judgment or trial. But I think you would agree that, using the motion-for-dismissal requirements (that everything Patel alleges in his complaint is true), there is at least some actionable case that must move further before it can be dismissed.
Patel shouldn't be a million miles from ANY government position. He's making all of our lives less safe every day. My hope is that Judge Sullivan shows him the door.
The photo of Kash at the locker room for, I think the hockey team, says it all. That is the best evidence. And we taxpayers paid for his Olympics junket. The journalist who provided that photo should receive an award.
I was thinking as I read how weird it is that an average person now recognizes the names of several federal judges. I am glad you are here to explain the legal issues, Joyce. There are certainly a lot of them!
What is there to say? This guy is a thug who is grasping at straws. He tries to emulate his daddy, The Donald, but he lacks the charisma. What a sad little man.
The Trump administration has, unfortunately, figured out that, upon inevitable appeal, SCOTUS prefers procedure over substance … and especially character.
I’m very interested in the case of NJ Rep. Monica McIver. She was charged with interfering with a federal agent at Delaney Hall in early June 2025. She has not yet had her day in court, and it is costing her money and stress. I would appreciate your informed opinion on her case.
As I understand it, the case has not been tried yet because McIver's attorneys appealed the court's decision to refuse to dismiss it. As a result of her appeal, the case has basically been dawdling along, waiting for the appellate court to hear her appeal. That takes time, and if she wanted a trial, she had the right to proceed straight to trial after the court denied her motion to dismiss.
If you decide to appeal, you can't turn around and complain that the process is taking too long. You are GETTING your day in court; only right now, it's an appellate court.
I am sympathetic to her concerns, but that's what happens in our court system.
Hard to believe the Atlantic did not have sources which may come from the reports of his travel and the knowledge that his FBI scrubbed mentions of Trump from the Epstein files before the DOJ enhanced the coverup, at least the cover up of men. so much corruption, so little time.
When a drunk is accused of being a drunk he will, of course, behave like a drunk. This behavior should strengthen the case for Atlantic, if we were living in normal times. Sadly, we are not.
The matter of The Atlantic vs. Kash Patel leaves me gobsmacked. Patel ranks among the least credible and competent of Trump’s sycophants. I would delight in Patel having to expose his character and actions to a jury. More realistically, this absurdity should never get to a jury.
Meanwhile I gather that Patel is still flying around with his girl friend in the business jet that Noem (remember her?) provided him.
What on earth was Kristi Noem doing providing Kash Patel with a plane? They did not work in the same department.
Noem bought nearly $500 million of planes, presumably to take immigrants out of America. These planes evidently are currently unused. They included two business jets, one of which was provided to Patel who, for security, is obliged to fly on government aircraft. How he uses it would be a fascinating aside in The Atlantic/Patel brouhaha.
There was already an FBI provided plane for him to use. My guess is that it didn’t have a bar and was not as fancy schmancy as the plane that Noem purchased.
Patel IS an incompetent drunk who also jeopardizes national security. If those of us civilians can see this with moral clarity, surely Judge Sullivan can see the same. Maybe it’s me, but it seems an easy layup.
I just came on to say the same thing!
The way to establish it is to take his deposition. Truth is a complete defense.
Besides this case, The Democracy Forward Foundation filed a Freedom of Information Act (FOIA) request demanding the FBI release Patel's full daily schedules and electronic calendars.
House Investigation: House Democrats launched an investigation seeking tracking data and electronic communications from Patel’s security detail. Because a security detail travels everywhere with the FBI Director, their internal transport logs would register any visits made to the 15th Street NW establishment.
Here's Patel's position from the complaint:
19. Each of the foregoing statements and implications is false. They are so
demonstrably and obviously false, or easily refuted, that it was at best reckless to
publish them.
20. The Article’s assertions that Director Patel drinks to the point of
obvious intoxication at Ned’s in Washington, D.C. and to excess at the Poodle Room
in Las Vegas, and that his drinking “has been a recurring source of concern across
the government,” are false. Director Patel does not drink to excess at these
establishments or anywhere else, and this has not, and has never been, a source of
concern across the government. Prior to publication, the FBI expressly informed
Defendants that each of these allegations was “totally false.” The FBI further
warned Defendants that these allegations echoed a similar fabrication previously
aired by MSNBC’s Frank Figliuzzi on Morning Joe—anonymously sourced
reporting that was later retracted by MSNBC and that is the subject of pending
defamation litigation—yet Defendants published it anyway.
https://www.courtlistener.com/docket/73213220/10/patel-v-atlantic-monthly-group-llc/
It would be interesting to take the depositions of everyone who was working and or were patrons at Neds and or the Poodle Room at dates and times Patel was a Patron. .
Ned's Club Washington, DC is a highly exclusive, members-only private club located in downtown Washington, D.C., at 734 15th St NW. Occupying the top floors of the historic, restored American Security and Trust building, it serves as a central hub for corporate, political, and cultural elites near Lafayette Square and the White House.
I can't see this case being dismissed at this stage. If you accept all of Patel's allegations as true, then I am certain there is a prima facie case for libel. That is the requirement for a petition for dismissal at this point. It does NOT require that Patel has to prove anything, merely that the statements he makes in his complaint establish that IF all of it is true, it COULD result in a damage assessment against The Atlantic.
This does NOT MEAN in any way that Patel's allegations will hold up. I expect that after discovery, a motion for summary judgment might provide a better conclusion for The Atlantic. But that isn't where we are right now, and so even though it seems tough on the magazine, I think they will have to at least go a bit further before expecting a dismissal.
And I will add that I doubt that even though Sullivan is also handling Katie Phang's case, one will not carry over to the other in any way. Good federal judges don't do that and Sullivan is considered a good one, from what I have read.
I agree. It’s standard practice for most defendants to file a motion to dismiss most of the time because you might get lucky. However, the ones we’ve seen granted were the ones we expected. And discovery will be entertaining if Patel is stupid enough to let it proceed. Some of us might want to pay The Atlantic for the privilege of deposing Patel and his henchmen.
Agree that Judge Sullivan does and undoubtedly will compartmentalize. I've gotten the impression from past reading that he is strongminded and a stickler for detail, and goes scrupulously by the book in managing his cases.
Patel again comes across here as a dangerous, impulsive idiot. (Can we think of anyone else at the top level of government sorta like that?) As JV points out, he's engineered himself into a no-win situation of his own making that he could just have blown off. I don't think he's gonna like discovery _at_all_, if the case gets that far.
Unless Patel decides to withdraw, I expect it will reach discovery. Like it or not, his allegations appear (to me) to rise to the minimal level of establishing a cause of action assuming everything alleged in the complaint is true. That is the standard for getting a suit dismissed on the pleadings. I expect at discovery, his case will at least start to fall apart, but you have to get there first. But I agree with your assessment of Patel 100%. He is an idiot and has no business being in government except that he is willing to kiss Trumps *ss and say "waddyawantmetododaddy?"
I think so as well (that the case will proceed). I'm not a lawyer but if I understand JV's explanation of 12(b)(6), the court has to take the allegations is true. I'll bet dollars to doughnuts that some or many of them are not, but that's OK -- they'll get blown up and exposed for what they are as the case proceeds. I gotta think Jeffrey Goldberg and Laurene Powell Jobs have lots of top-notch legal talent ready to rock 'n' roll on this case.
Also, I don't see Judge Sullivan taking any steps to cut the case short just because he arguably could. That's not how he rolls. Absent some extraordinary circumstance (or Patel's withdrawal), he'll let the case go forward and let the chips fall where they may. And that will be good, as Patel will then be again and further exposed on record and all over the news as an incompetent, alcohol-abusing, grifting liar who is spectacularly unfit and unqualified for public office.
Thank you for the reminder of this case Joyce— I recall the image when Cash was in the locker room… he certainly appears to be an embarrassment to the truth telling FBI of our historical memory in this country. I hope the journalists prevail in this case. Shameful
THANK YOU Prof JOYce - much appreciate you keeping us up to date with ALL of these convicts/drunks/sex offenders-pedophiles!!!
Just like the amazing/brillant Barb McQuade has said.....What as disgrace - head of FBI partying on the job - make a choice... be the leader you are expected to be or continue to party and be a drunk that you really are(of course this is paraphrased)
This - what we are living - a NIGHTMARE!!!
Cant wait until we ALL wake up!!!
You must ask - how did WE get where we are? How did people vote for this?
Plus, how will we be able to fix it all? Our international reputation will be quite difficult! May take generations!
JA - So much corruption and i have to believe cheating MAGA-OTTS!!!
We WILL prevail when we ALL come togeher - long road ahead of us AND nothing we cannot do when we COME TOGETHER!!!!
HOPE is a memory of the future.
Trump’s lust for vengeance, like his war of choice in Iran, is turning into a catastrophe for the country.
Incompetent, drug abusing. lackeys like Kash & Kegsbreath compound the catastrophes.
A publisher is not required to accept a subject’s denial, nor the denial of any "official source," and rejecting those denials does not constitute actual malice. Actual malice is about the publisher’s subjective awareness of falsity, not about whether they politely defer to denials. Courts have held for decades that: a subject’s denial does not obligate a reporter to believe them; ignoring a denial is not reckless disregard; choosing to credit other sources over the subject is not actual malice and even official denials do not require acceptance. No legal duty exists to accept any denial --- subject or official. Actual malice is about what the publisher believed, not about whether they accepted someone else’s denial.
Yes, and that will almost certainly come into play if the case reaches summary judgment or trial. But I think you would agree that, using the motion-for-dismissal requirements (that everything Patel alleges in his complaint is true), there is at least some actionable case that must move further before it can be dismissed.
Judge Sullivan certainly gets the “interesting “cases. I have utmost respect for him and feel he will make a just decision.
Patel shouldn't be a million miles from ANY government position. He's making all of our lives less safe every day. My hope is that Judge Sullivan shows him the door.
Thank you again, Joyce
Thx Professor. What a maroon. I need a beer…..☮️❤️🌻
Haha!!🤣
The photo of Kash at the locker room for, I think the hockey team, says it all. That is the best evidence. And we taxpayers paid for his Olympics junket. The journalist who provided that photo should receive an award.
I was thinking as I read how weird it is that an average person now recognizes the names of several federal judges. I am glad you are here to explain the legal issues, Joyce. There are certainly a lot of them!
What is there to say? This guy is a thug who is grasping at straws. He tries to emulate his daddy, The Donald, but he lacks the charisma. What a sad little man.
The Trump administration has, unfortunately, figured out that, upon inevitable appeal, SCOTUS prefers procedure over substance … and especially character.
I’m very interested in the case of NJ Rep. Monica McIver. She was charged with interfering with a federal agent at Delaney Hall in early June 2025. She has not yet had her day in court, and it is costing her money and stress. I would appreciate your informed opinion on her case.
As I understand it, the case has not been tried yet because McIver's attorneys appealed the court's decision to refuse to dismiss it. As a result of her appeal, the case has basically been dawdling along, waiting for the appellate court to hear her appeal. That takes time, and if she wanted a trial, she had the right to proceed straight to trial after the court denied her motion to dismiss.
If you decide to appeal, you can't turn around and complain that the process is taking too long. You are GETTING your day in court; only right now, it's an appellate court.
I am sympathetic to her concerns, but that's what happens in our court system.
As always, thank you Joyce for illuminating the ins and outs of these legal processes.
Hard to believe the Atlantic did not have sources which may come from the reports of his travel and the knowledge that his FBI scrubbed mentions of Trump from the Epstein files before the DOJ enhanced the coverup, at least the cover up of men. so much corruption, so little time.
The Atlantic magazine is safe!
When a drunk is accused of being a drunk he will, of course, behave like a drunk. This behavior should strengthen the case for Atlantic, if we were living in normal times. Sadly, we are not.