If the FBI and its director Kash Patel thought they could intimidate The Atlantic and reporter Sarah Fitzpatrick with lawsuits and federal investigations, they have been given a resounding wake-up call.
The Atlantic is making itself clear. They are standing behind their reporter. They are standing behind their journalism. They won’t be backing down.
Last month, Fitzpatrick wrote a bombshell story based on conversations with dozens of sources. Those sources described Patel as erratic, suspicious of others and prone to jumping to conclusions before he had 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.
Patel responded defiantly on social media and TV, and then filed a defamation lawsuit against The Atlantic, seeking $250 million in damages.
Then on Wednesday, another major story in this saga dropped. MS NOW’s Ken Dilanian and Carol Leonnig reported that, according to their sources, the FBI has launched a criminal leak investigation focusing on Fitzpatrick. The FBI denied there is such an investigation.
But, if true, consider exactly what this means. The FBI director and his department are investigating a reporter — not over a national security threat, but simply because Patel was embarrassed by her reporting. As The Atlantic’s David A. Graham wrote, “Even for an administration with an awful record on press freedom, and a bureau with a history of unsavory actions by directors, this is a dangerous step.”
Shortly after the MS NOW story broke, another story was added to the mix. Clearly not intimidated, Fitzpatrick and The Atlantic published, “Kash Patel’s Personalized Bourbon Stash.”
Fitzpatrick wrote, “I heard from people in Patel’s orbit and people he has met at public functions, who told me that it is not unusual for him to travel with a supply of personalized branded bourbon. The bottles bear the imprint of the Kentucky distillery Woodford Reserve, and are engraved with the words ‘Kash Patel FBI Director,’ as well as a rendering of an FBI shield. Surrounding the shield is a band of text featuring Patel’s director title and his favored spelling of his first name: Ka$h. An eagle holds the shield in its talons, along with the number 9, presumably a reference to Patel’s place in the history of FBI directors. In some cases, the 750-milliliter bottles bear Patel’s signature, with ‘#9’ there as well. One such bottle popped up on an online auction site shortly after my story appeared, and The Atlantic later purchased it.”
Wild, right?
On Thursday, The Atlantic’s Editor-in-Chief, Jeffrey Goldberg sent a note to subscribers that touted Fitzpatrick’s work and defended The Atlantic against Patel and the FBI.
Goldberg wrote, “If Patel thought that he could intimidate The Atlantic by suing us, he was very, very wrong. We will fight this lawsuit aggressively — we have the truth, and very capable lawyers, on our side — and we are continuing to report on his leadership of the FBI.”
In addition, Goldberg said reports, if true, that the FBI is investigating Fitzpatrick are “very disturbing.”
Goldberg added, “This isn’t our first rodeo. We’ve faced extraordinary government pressure, and Trump-administration calumny, before. We live in a period in which some media organizations buckle under government pressure. I promise you that we will never give in. If a story is true, we will publish it.”
Some media organizations, such as CBS and ABC, have decided not to fight the Trump administration (or Trump himself) in court, and instead, paid him millions of dollars to settle lawsuits.
Goldberg continued by writing, “And we will defend The Atlantic and its staff vigorously; we will not be intimidated by illegitimate investigations or other acts of politically motivated retaliation; we will continue to cover the FBI professionally, fairly, and thoroughly; and we will continue to practice journalism in the public interest. The Atlantic has demonstrated for 169 years that it is committed to the values of democracy, accountability, and transparency, and we will stay true to this commitment. Nothing will deter us from our work.”
Meanwhile, Tim Richardson, journalism and disinformation program director at PEN America, said in a statement, “The head of the FBI should know better than to use his position to go after a journalist investigating his own alleged misconduct. The FBI surely has plenty of real work on its plate without Kash Patel’s team reportedly ordering up a sham federal probe to retaliate against a free press. Such an investigation would appear aimed at chilling reporting, deterring whistleblowers from coming forward, and intimidating journalists who hold public officials accountable for their actions. Federal investigative powers should never be used against reporters or their sources because officials dislike news coverage. The FBI and Department of Justice must immediately end any such investigation and stop wasting taxpayer dollars.”
MS NOW did more reporting Thursday evening. Leonnig and Dilanian had a new story: “Kash Patel ordered polygraphs of more than two dozen members of his team, sources say.”
They wrote, “The FBI director demanded the polygraph examinations to determine if any members of the team that accompanies him on his travels or staff who have access to sensitive details about his decisions have communicated with reporters, according to the people, who asked to speak anonymously due to the threat of retribution.”
They added, “Sources told MS NOW that agents were deeply concerned about opening such a probe, in which they were expected to examine the contacts of a journalist who engaged in newsgathering and, in their view, lacked reasonable justification. Those sources said the agents who were directed feared Patel would fire them if they did not agree.”
