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re: Patel suing The Atlantic

Posted on 4/20/26 at 8:46 pm to
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
37403 posts
Posted on 4/20/26 at 8:46 pm to
If I'm The Atlantic what the frick do I care if someone else can't confirm this? If I have sources, I have sources. You the plaintiff are going to have to prove A) That they don't exist. B) If they do exist they are lying. If you prove they are lying, you are now going to have to prove that my journalist knew they were lying prior to publishing. You as the Plaintiff has an uphill climb , you being an elected official has a vertical climb on a sheer face
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
37403 posts
Posted on 4/20/26 at 10:00 pm to
Oh, sure, on the Federal level I'm entitled to 25 ,( Rule 33 -1)including subparts, but I can always get you to agree to more . In Louisiana, I can have a little more fun at 35, in New York 25, but I can petition the court to allow me more.


What? You thought I didn't know the rules about interrogatories? I want you objecting to my overreach if I 'm ultimately going to trial over bullshite. I'm using it as an appetizer before I hit you with RFAs and RFPs. Then I'm hitting as many third parties as I can with subpoenas I'm taking full advantage of Rule 45. Then I'm scheduling multiple depositions, I'll limit to 10 as per the rules,, but I'm taking all day in this case I'm deposing Patel's secretary, his CoS, maybe a deputy director or three, if I have to. I'll of course let the Plaintiff know before I do any of this, I mean this is just a job .

However, I've often sent over the limit to see how the opposing counsel will object fully expecting that a few would run to a judge.
Posted by AGGIES
Member since Jul 2021
12179 posts
Posted on 4/20/26 at 10:18 pm to
Yeah, I did. Did you miss that?

You’re sounding lost.
Posted by dblwall
Member since Jul 2017
1597 posts
Posted on 4/20/26 at 10:32 pm to




Posted by G2160
houston
Member since May 2013
2363 posts
Posted on 4/20/26 at 11:00 pm to
Liberal dildo lawyer (and associated supporters) explaining how it’s ok that the Atlantic can do this, bragging about how he’d tie people up in legal processes if they wanted to clear their name or get justice, and taunting them about calling their shot in a trial held in DC/NY/corrupt deep blue shithole, sure does say a lot about where we are as a society.
This post was edited on 4/20/26 at 11:56 pm
Posted by trinidadtiger
Member since Jun 2017
19885 posts
Posted on 4/21/26 at 4:01 am to
If NYT vs Sullivan is the best ya got you have lost already. That case is not even in the same hemisphere as this. Hart vs Playboy in the 10th circuit where they were compelled to bring forth this "anonymous source", is applicable.

But you are right in one sense, discovery. Let Atlantic bring forth this anonymous source only to discover this individual was fired with cause from the FBI. They could have easily found this out, chose not to and went to press.

They will settle out of court, not for the 250 million and you will be on here saying, see I told ya so......when in fact we told you so and he walked away with a nice chunk of change
Posted by trinidadtiger
Member since Jun 2017
19885 posts
Posted on 4/21/26 at 4:15 am to
quote:

Not that easy, stick to medical stuff. It's been 64 years since a political public figure won a libel case and that verdict was overturned by SCOTUS.

I like the Easter Bunny too, but he ain't real.


Then its good Patel is suing as a private individual not in his capacity as a public figure
Posted by Mo Jeaux
Member since Aug 2008
63491 posts
Posted on 4/21/26 at 4:15 am to
quote:

They will settle out of court, not for the 250 million and you will be on here saying, see I told ya so......when in fact we told you so and he walked away with a nice chunk of change


Will there be a retraction?
Posted by trinidadtiger
Member since Jun 2017
19885 posts
Posted on 4/21/26 at 4:23 am to
quote:

If one of The Atlantic's sources would excuse the shielding and say, yep he was drunk on the job then the Atlantic wins.


Now you are grasping at straws. Read her article. It states he was basically drunk all the time and several times unavailable due to it. Showing him hoisting a beer with the hockey team does not come close to that hurdle.

Trump won 15 million from ABC and 16 million from CBS without even having to prove his case. So if that his your idea of losing, well good luck.
Posted by BBONDS25
Member since Mar 2008
59261 posts
Posted on 4/21/26 at 4:31 am to
quote:

However, I've often sent over the limit to see how the opposing counsel will object fully expecting that a few would run to a judge.


So….churning and billing your client for your unethical conduct. Strange thing to brag about, counselor.
Posted by Sus-Scrofa
Member since Feb 2013
11001 posts
Posted on 4/21/26 at 4:35 am to
quote:

A lawsuit opens the door to "discovery"...what will we find out?


If Patel intends to go the distance on this, it lends credibility to his position that the story is bullshite.

If he has been as sloppy drunk as they claim, it should be easy to prove in discovery.
Posted by trinidadtiger
Member since Jun 2017
19885 posts
Posted on 4/21/26 at 4:54 am to
quote:

f you prove they are lying, you are now going to have to prove that my journalist knew they were lying prior to publishing.


This is simply not true. You have to prove they did not seek reasonable confirmation. Calling Patel 3 hours before press, and then ignoring the fact he asked for dates and places and he would offer up sources, is clearly evident they sought ignore any reasonable confirmation. And now two other news sources have found no evidence when they did seek reliable sources, not "anonymous" ones.

You dont have to prove she "lied" simply that she purposely ignored the truth.
Posted by trinidadtiger
Member since Jun 2017
19885 posts
Posted on 4/21/26 at 5:01 am to
At this stage in life I meet no new people only new individuals who, in character, remind me of others.

BBond25 reminds me of detective Columbo, slowly methodically building his case.

Kiwi reminds me of Avenatti the porn lawyer, who slick talked his way into a prison sentence.
Posted by 4cubbies
Member since Sep 2008
61098 posts
Posted on 4/21/26 at 5:07 am to
Trump’s Liquor Cabinet…

Lawyers famously are likely to have drinking problems.

Second-generation Americans (U.S.-born children of immigrants) generally report higher rates of alcohol use and abuse (the immigrant paradox).

Unmarried men (including single, divorced, or separated) generally exhibit higher alcohol consumption levels, frequency, and rates of heavy drinking compared to their married counterparts.

He checks a lot of the boxes.
Posted by Ailsa
Member since May 2020
8050 posts
Posted on 4/21/26 at 9:01 am to
quote:

If Patel intends to go the distance on this, it lends credibility to his position that the story is bullshite.

If he has been as sloppy drunk as they claim, it should be easy to prove in discovery.


Discovery goes both ways...He needs to look into the Atlantic funding. They were broke 3 years ago.
Posted by Ailsa
Member since May 2020
8050 posts
Posted on 4/21/26 at 9:12 am to
quote:

n individual has a lot more to lose . A media outlet really does not in discovery.


Trump has successfully sued media outlets.

AI:

Yes, court discovery is designed to be a two-sided process in civil litigation. Both the plaintiff and defendant have the right to request and receive relevant evidence, documents, and testimony from each other. This exchange, which includes depositions and interrogatories, ensures both sides can prepare for trial and prevents "trial by ambush".
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
37403 posts
Posted on 4/21/26 at 11:21 am to
Sometimes I would do it gratis. You know, a little lagniappe for the client. But I always let the client know exactly what I was doing.
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
37403 posts
Posted on 4/21/26 at 11:46 am to
Trump has gotten lucky in that media outlets like CBS and ABC would rather not deal with the headache and in the case of CBS basically held up Redstone's payday. Plus he was filing suit inAmarillo with a judge that was known to be a rubber stamp for him. So there wS not a chance it would get thrown out. Personally' I would have had my client in something like this hold out. But Redstone wanted her money But this was filed in DC, so Patel is not going to get that indulgence.

Trust me, in a trial, there are lots of "ambushes". You can't escape them. If there are any incidents where Patel was drunk ....really hammered, and there could be verification either by testimony or even hearsay he has a problem with the suit. But, really, in something like this, you don't need any of that. Sullivan places a really high bar on the Plaintiff. The defendant can say she has six sources at a minimum who told her this and she is just reporting and she stands by it. Patel would have to prove that she is defaming with knowledge of their falsity with careless disregard for the truth. Not that they were in themselves false or negligent. Reporter would HAVE to know before publication that it was bullshite . She's allowed to print the rumor. Even if Patel says they are untrue even on specific dates.

Really, the smart and most cost effective move would be to let the story run, deny it and let everything fade into the vapor. A lawsuit in this case just keeps the drama running......and makes Patel's official job that much harder. He should say. " hey, I ike to have fun when I'm off the clock"
Posted by BBONDS25
Member since Mar 2008
59261 posts
Posted on 4/21/26 at 11:51 am to
quote:

Sometimes I would do it gratis. You know, a little lagniappe for the client. But I always let the client know exactly what I was doing.


Telling your client you are churning and acting unethically doesn’t change a thing. Performing unnecessary work and unnecessarily prolonging the matter is an ethical violation. You’re breaching your fiduciary duty and violating fee reasonableness rules. You should be ashamed.
Posted by Ailsa
Member since May 2020
8050 posts
Posted on 4/21/26 at 12:03 pm to
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quote:

The Atlantic publishes several pieces (against one side) with nothing but anonymous sourcing which is then disputed by on the record sourcing and they never address it. The Atlantic is run by a former Salon editor. Start there.

So when they decide to just change a title out of the blue without explaining it while Jeffrey Goldberg just says it's fake news to Brian Stelter it should raise suspicions.

Whatever The Atlantic engages in it's not journalism not on any standard that is taught anywhere about what journalism is.

I don't know if anything they're saying about Kash Patel is true or not but the tactics that they engage in is not journalism including stealth editing and anonymous sourcing as their main reason for publishing.

If you can't get a single source to go on the record for your peace all you are is Gawker for coastal elites. And if the Atlantic is such a prestige outlet that it claims to be it should be able to get people to go on the record.

But they can't. Weirdly.

@JeffreyGoldberg
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