Proving Malice and Discovery Risks

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

See the Washington Roundtable live at 92NY on June 4th.

The Political Scene draws on the reporting and analysis found in The New Yorker for lively conversations about the big questions in American politics. Join the magazine’s writers and editors as they put into context the latest news—about elections, the economy, the White House, the Supreme Court, and much more. New episodes are available three times a week. 

Tune in to The Political Scene wherever you get your podcasts.