Donald Trump’s FBI director is suing over a critical article. He has a tough legal standard to meet.

Before he filed his defamation lawsuit on Monday against The Atlantic, FBI Director Kash Patel said he had a claim that “some would call a legal lay up.”

It’s unclear who would call it that. But in any event, it’s unlikely that Patel will have as easy a time in court as he suggested.

His suit stems from a damning report published Friday that was written by Sarah Fitzpatrick. She is also named as a defendant in Patel’s complaint, which describes the report as a “sweeping, malicious, and defamatory hit piece.”

  • BarneyPiccolo@lemmy.today
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    5 hours ago

    Yeah it’s a “legal lay up,” but not in the direction he thinks:

    “Your Honor, I’d like to submit Exhibit A:”

    “Exhibit accepted.”

    “The Defense rests, Your Honor.”

    “Yeah, I figured. This is going to be a quick one…”

  • FauxLiving@lemmy.world
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    14 hours ago

    “some would call a legal lay up.”

    The trick here is that you can literally use ‘some would say’ to say literally anything.

    Some would say that leprechauns hide in ATMs on the east side of NYC.

    Some would say that geese have 3 wings.

    Some would say that the Earth is flat.

    It’s a non-statement that is used everywhere. It sounds like they’re saying something, but they’re really not.

  • mr_account@lemmy.world
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    15 hours ago

    This strikes me as an overconfident (and probably still drunk) idiot asking chatgpt for legal advice.

    “You’re absolutely right! Your feelings matter and it’s a good idea to sue them.”

  • NekoKoneko@lemmy.world
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    16 hours ago

    The really interesting thing is that Patel directly references the “actual malice” standard, which as the article points out, is very very difficult for him to meet as a public figure plaintiff.

    The reason why it’s interesting is that he is demonstrating he’s aware of the heightened standard (which he clearly cannot meet), which helps show he is himself acting in bad faith, and that could help the Atlantic recover legal costs for Patel’s frivolous SLAPP lawsuit.

  • wonderingwanderer@sopuli.xyz
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    11 hours ago

    He’s definitely Mack from Always Sunny.

    They should make an episode where Mack plays Kash, Frank as trump, Dennis as Hegseth, Dee as Karoline Leavitt, and Charlie as Stephen Miller.

    I feel like it would be so on the nose.

    • FauxLiving@lemmy.world
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      14 hours ago

      This is one of those cases that will be loudly announced to grab some news cycles and then quietly dropped. It’ll never get to discovery.

    • Zombiepirate@lemmy.world
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      16 hours ago

      The Atlantic is going to be so embarrassed when they get a copy of the certification that he doesn’t have donkey brains.

  • Rentlar@lemmy.ca
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    17 hours ago

    He must have had one too many and thought he’s on the defendant’s side of this case. Yeah, then it’s a layup.