Overview
- The Atlantic filed a 42-page motion to dismiss on Monday arguing Patel’s complaint fails to plausibly allege actual malice and saying several challenged claims are substantially true based on interviews and public records.
- Court papers show Patel’s lawyer Jesse Binnall sent a pre-publication letter hours before the April 17 article warning The Atlantic not to publish and demanding preservation of related documents.
- Patel’s legal team publicly rejected the motion and criticized The Atlantic’s plan to press for Touhy requests that would seek government documents and depositions from the DOJ and FBI.
- In a separate ruling on Wednesday a Nevada federal judge dismissed Patel’s earlier $10 million suit against blogger Jim Stewartson for lack of personal jurisdiction and vacated a prior default judgment, marking another courtroom setback for Patel.
- The dispute raises broader First Amendment and press-freedom questions because Patel, a public official, must meet the high ‘actual malice’ standard to win, and The Atlantic’s Touhy strategy could compel federal records that would affect how the underlying reporting is judged.