Kash Patel's 'giant self-own' astounds legal analyst

FBI Director Kash Patel's lawsuit against The Atlantic for reporting on his alleged drinking problems, absences from his job, and constant paranoia about being fired is a "giant self-own," legal analyst Elie Mystal wrote for The Nation on Friday.

This comes after a number of other analysts have come to similar conclusions, saying that he does not have the evidence to show The Atlantic's story is defamatory.

To begin with, wrote Mystal, "What’s particularly neat is how the defamation lawsuit itself confirms one of the central claims of the article. [The Atlantic's Sarah] Fitzpatrick writes that people who work with Patel are concerned by Patel’s impulsive behavior, and his lawsuit is nothing if not impulsive. It should get thrown out on its ear. And even though there are some Republicans on the Supreme Court eager to follow Trump’s directive to 'open up libel laws,' this lawsuit is not going to be that vehicle. It’s way too stupid."

As a public figure, Mystal continued, Patel would need to prove The Atlantic acted with "actual malice" in publishing falsehoods, and even irrespective of the truth or falsity of the report, "Speaking to over two dozen people is a great way for a reporter to avoid a finding of malice."

"That’s especially true in this case, where the story is really about what Patel’s colleagues are worried about," he wrote. "The Atlantic didn’t claim that Patel drinks too much; it published an article saying that his colleagues think he drinks too much, and it’s got numerous people backing up that claim. I don’t think there’s any way Patel can prove malice on the part of The Atlantic."

Making matters worse, Mystal noted, many of Patel's claims of what The Atlantic got wrong are subjective, like his denial that he drinks "to excess." There's no firm definition of what it means to drink "to excess," Mystal wrote, so as long as he acknowledges he does drink, that's more opinion than fact and can't be libelous.

"I almost wish this case wouldn’t be dismissed, because then The Atlantic would be entitled to discovery," Mystal concluded. "I might have to start freelancing for TMZ if we got access to information about how much Kash Patel really drinks. Alas, it won’t get that far. This impulsive defamation suit will be thrown out. Soon. In the meantime, if you haven’t read the Atlantic story… enjoy the Streisand effect."