Kash Patel’s Strategic, Frivolous Lawsuit Against The Atlantic
The Political Scene | The New Yorker
The New Yorker
4.3 • 3.9K Ratings
🗓️ 7 May 2026
⏱️ 42 minutes
🧾️ Download transcript
Summary
The New Yorker’s general counsel, Fabio Bertoni, 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 longstanding 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.
This week’s reading:
- “Kash Patel’s Implausible Lawsuit Against The Atlantic,” by Fabio Bertoni
- “How the Iran War Is Shifting Power Toward China,” by Ishaan Tharoor
- “Was the Declaration of Independence Better Before the Edits?,” by Jill Lepore
- “Barack Obama Considers His Role in the Age of Trump,” by Peter Slevin
- “How the Supreme Court Demolished the Voting Rights Act,” by Jeannie Suk Gersen
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| 0:00.0 | If you're a fan of the political scene podcast from The New Yorker, I hope you'll join us for a live taping of the show at 92 NY in Manhattan. |
| 0:09.3 | We're going to be talking about Donald Trump's falling approval numbers, the prospects of a comeback for the Democratic Party in the midterms. |
| 0:18.5 | And let's just say the potential threats to the integrity of the election that are coming from the president. |
| 0:25.1 | I hope you'll join me, Evan Osnos, and my colleagues Susan Glasser and Jane Mayer on June 4th at 7 p.m. |
| 0:32.3 | Ticket information is at 92NY.org. |
| 0:44.8 | Thank you. is at 92NY.org. Hey, Fabio. |
| 0:45.9 | Hi, Tyler. |
| 0:46.5 | Thanks so much for being here. |
| 0:47.8 | Thanks for having me. |
| 0:49.4 | So in addition to having the most important job at the magazine, as the New Yorker's |
| 0:53.4 | General Counsel, |
| 0:59.4 | you write every now and then. And most recently, you wrote a piece about Cash Patel's lawsuit against the Atlantic. I'm curious. What was it about this case that stood out to you and made you |
| 1:06.3 | want to write about it? I think it is in part because of the explosion of lawsuits generally by this administration |
| 1:12.6 | against the press. And this was just a sort of hallmark example of a, what I think of as an |
| 1:19.8 | unfounded lawsuit, facially unfounded lawsuit. And I thought it was worth writing about that issue. |
| 1:26.7 | But also why, you know, there are legitimate |
| 1:30.1 | concerns that people have about anonymous sources. And so I thought that distinction was important |
| 1:35.1 | to address. |
| 1:37.7 | That's Fabio Bertone, the General Counsel for the New Yorker, who recently wrote a piece about the FBI |
| 1:43.1 | director Cash Patel's |
| 1:44.4 | lawsuit against the Atlantic. |
| 1:47.0 | After the Atlantic published a report about Patel, alleging excessive drinking on the job, |
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