Kash Patel sued The Atlantic. Can he actually win?

Defamation law sets a high bar for public figures, but the lawsuit might serve another purpose

If you visited The Atlantic’s website on Monday, there it was, right up at the top on the left side of the homepage: “The FBI Director Is MIA.”

It’s the bombshell story published over the weekend from reporter Sarah Fitzpatrick about FBI director Kash Patel. Fitzpatrick talked to more than two dozen people, including current and former FBI officials, staff at law enforcement and intelligence agencies, hospitality industry workers, members of Congress, political operatives, lobbyists and former advisers. They described Patel as erratic, suspicious of others and prone to jumping to conclusions before he has the necessary evidence. The story included allegations of “excessive drinking” as well as “conspicuous inebriation and unexplained absences” while Patel has been in charge of the FBI.

On social media and in a Fox News interview with Maria Bartiromo, an angry Patel threatened to sue The Atlantic.