FBI Director Kash Patel listens during the Senate Committee on Intelligence hearings on Capitol Hill Wednesday, March 18, 2026, in Washington (AP Photo/Jose Luis Magana).
Kash Patel convinced a federal judge to halt "all" discovery as his defamation lawsuit against The Atlantic continues — except for documents the FBI director apparently "relie[d] on" to accuse the magazine of falsely reporting on his "excessive drinking."
Senior U.S. District Judge Emmet Sullivan's 16-page memorandum opinion in Washington, D.C., on Tuesday boosted The Atlantic's defense, though discovery will be limited to "Touhy requests" until the jurist rules on a motion to dismiss the case.
"[D]iscovery has not yet commenced and the case has been pending for a little over six months with the Motion to Dismiss being ripe for about two months," the judge noted. "For these reasons, the Court concludes that Plaintiff will not be prejudiced by a brief stay of discovery pending resolution of Defendants' Motion to Dismiss because the stay is finite—pending resolution of the Motion to Dismiss—and is occurring at the beginning of the case."
Sullivan said Patel's complaints about "proposed Touhy requests" in the meantime — seeking "everything from [his] medical records to his travel records, calendar, membership at private clubs, and personnel decisions throughout his tenure as FBI Director" — failed in the face of "adequately" demonstrated "need."
"Defendants have adequately explained the need to initiate the Touhy requests. They point out that Plaintiff's 'allegations are themselves sweeping—taking in statements about his alleged excessive drinking and performance as FBI [D]irector, including frequent absences, mishandling of high-profile investigations, impulsive decision-making, fear of losing his job, and termination of employees perceived as disloyal,'" the judge said.
The Atlantic had asked the judge to make an exception for discovery of "purported internal DOJ and FBI information" that the director's complaint "repeatedly relies on […] to attempt to refute the Article's reporting[.]"
"[A]s the records are already within DOJ and FBI's possession, there is no prejudice to Director Patel in letting the Touhy requests proceed," a memo said, describing the procedure for document demands of a government agency when it isn't a party to a case; Patel has sued in his individual capacity. "[I]f DOJ, FBI, and Director Patel resist producing these records, that may require early dismissal of this action."
The director has alleged a defamatory plot to "destroy" him, claiming The Atlantic and its staff writer Sarah Fitzpatrick willfully "avoid[ed] receiving information that would refute their narrative," "had motives to lie," and "never interviewed Director Patel himself."
Before the story's publication, Patel told The Atlantic, "Print it, all false, I'll see you in court—bring your checkbook."
The Atlantic's editor-in-chief Jeffrey Goldberg has called the lawsuit "politically motivated retaliation" and a "meritless" action that "should be dismissed as a matter of law."