In this week Elijah v. UNITED STATESour justice correspondent deconstructs Patel’s absurd defamation arguments. Plus: a fascinating trial for gun control. And: Hello everyone The onion!
Federal Bureau of Investigation Director Kash Patel testifies at a Senate Intelligence Committee hearing.
(Kevin Dietsch/Getty Images) FBI Director Kash Patel filed a $250 million defamation lawsuit against The Atlantic after the magazine published a article about his tumultuous and embarrassing tenure as America’s top cop. The article reports that Patel “alarmed his colleagues with episodes of excessive drinking and unexplained absences,” and the situation only got better from there. I believe every word of it, partly because it confirms my prejudices, partly because it is so well researched (writer Sarah Fitzpatrick spoke to more than two dozen people), and partly because the Trump administration is full of incompetent people who have found astonishing new ways to express their incompetence.
What is particularly interesting is how the defamation suit itself confirms one of the article’s central claims. Fitzpatrick writes that people who work with Patel are concerned about Patel’s impulsive behavior and that his lawsuit is simply impulsive. You have to throw it in your ear. And while some Republicans on the Supreme Court are eager to follow Trump’s directive to “expand libel laws,” This the trial will not be this vehicle. It’s way too stupid.
First of all, Patel is a public figure. Undeniably. As such, he must meet a higher standard than an individual to succeed in a defamation action. He must show that The Atlanticthe story is false, and that The Atlantic showed “real malice” when publishing the article. “Actual malice” is a bit of legalese that generally means a publication knew the story was false or should have known but published it anyway.
Talking to more than two dozen people is a great way for a reporter to avoid finding out malice. This is especially true in this case, where the story is actually about what Patel’s colleagues are worried about. The Atlantic he did not claim that Patel drank too much; he published an article saying that his colleagues think he drinks too much, and many people support this claim. I don’t think Patel can prove the malice of The Atlantic.
And the malice test should be the easiest test for Patel to meet, because the other one – the real lie – would involve the FBI director having a breathalyzer installed on his phone (which congressional Democrats appear willing to do for him, Besides). Just look at this sentence from his complaint regarding whether he “drinks to excess” at private clubs: “Director Patel does not drink to excess at these establishments or elsewhere, and this has not and has never been a source of concern within the government. »
Buddy…it would be one thing if you pretended you didn’t drink. You could prove it. But what you’re saying is that you don’t drink “to excess”, and I don’t think that’s something you can prove, buddy. I don’t drink to excess either, in my opinion. My colleagues might have a different view. You should ask them.
Current number
I almost wish this case wasn’t dismissed, because then The Atlantic would have the right to discovery. Maybe I should start freelancing for TMZ if we had access to information on how much Kash Patel actually drank.
Alas, it won’t go that far. This impulsive defamation action will be dismissed. Soon. In the meantime, if you haven’t read the Atlantic history… take advantage of the Streisand effect.
The bully and the ugly
The Supreme Court has agreed to take Yet another case that will allow him to give the green light to sectarianism under the guise of religious freedom. The case involves a Catholic school suing over its exclusion from funding for Colorado’s universal pre-kindergarten program. The school is excluded because it would discriminate against LGBTQ+ families. The 10th Circuit dismissed the lawsuit, but the Supreme Court agreed to hear it on appeal. There is only one reason for the vast religious majority to do this, and that reason is to give their blessing to the intolerance of the school. Jan Crawford, excellent CBS News Supreme Court reporter, wrote an article saying that Justice Samuel Alito has no plans to retire in June. While I think Alito will indeed retire, I really hope Crawford and his sources are right. I want Alito on the floor when the Republicans lose control of the Senate. It’s the only way to save someone like Alito another 30 years – or worse. The other big Supreme Court news this week involved a leak of documents to The New York Times this show how to ghost folder took its current summary form. Takeaway meals? It appears that Chief Justice John Roberts didn’t really like Barack Obama’s policy agenda and changed the way the court operates to stop it. Virginia voters approved a mid-decade redistricting plan that is expected to give Democrats control of 10 of the state’s 11 congressional seats. You asked for it, Republicans. This is what you wanted, Texas. This is what you triggered, Supreme Court. The Department of Homeland Security requested funding to help it develop “smart glasses” so that ICE agents can conduct biometric surveillance of people in the field. Last week, I told you that a number of civil rights organizations were trying to stop Meta from producing smart glasses because of the dangers they pose to women, offering a powerful new surveillance tool for stalkers, abusers, and creeps. ICE probably saw this and said, “Wait, this is going to help us harass women? And also immigrants? You need to get us some!” Inspired Takes
The NationJeet Heer follows up The AtlanticThe Kash Patel story with one point that stuck entirely in my brain: Thank goodness this man is apparently so drunk and confused that he can’t do his job effectively. Friends, I thought Patel was the most dangerous appointment Trump made when he assembled his cabinet for his second term. Patel is a vindictive guy with a list of literal enemies who holds the keys to the FBI. But if he spends so much time in the champagne room that he can barely show up for work, that’s a win. I hope Trump never fires him. Brazil’s Supreme Court is on a rampage, y’all. I could give you my most radical ideas on court reform, and Brazil would say, “Elie, hold my cerveja.” Zach Shemtob continues its excellent SCOTUSblog series on other supreme courts. Here’s a little black history I’d never heard of it: In 1781, an enslaved woman named Elizabeth Freeman heard the words of the new Massachusetts Constitution and decided to demand her freedom. A year later, she became the first slave woman to have her independence recognized by an American court. It’s a fascinating story, told by Errin Haines at The 19th. Popular “Swipe left below to see more authors”Swipe →
The worst argument of the week
The 11th circuit dejected (zing!) Florida man Maxon Alsenat, who attempted to assert the constitutional right to own a device that turns his gun into a machine gun.
Alsenat was convicted of selling machine gun conversion devices (MCDs) to undercover agents in June 2023. Alsenat’s attorney argued, no joke, that machine guns are constitutional because elderly people who are too friable and scared to aim should be able to…indiscriminately spray an area with bullets in the hopes of hitting something. Here is the relevant quote from Courthouse News: “‘Now, I imagine most people hear a machine gun and clutch their pearls,’ Ta’Ronce Stowes told a three-judge panel. ‘But let me be clear: What we’re talking about here is a machine gun conversion device, or MCD. An MCD is usually no bigger than the tip of your thumb. MCDs make small arms more useful for the elderly and for anyone too afraid to carefully shoot an intruder.'”
This argument is clearly ridiculous. Like, what are we doing here? How do we live in a Quentin Tarantino film?
The 11th Circuit rejected that argument (thanks Zeus), but it’s worth noting the reasoning of Circuit Chief Judge William Pryor, a Republican who was once on Trump’s shortlist for a Supreme Court nomination. Pryor argued that the reason there is no Second Amendment right to a machine gun is because machine guns were not in “common use for lawful purposes” when the country was founded. He then detailed the rise of machine guns after World War I, the machine gun era, thus sealing his argument that machine guns should not be protected by the Second Amendment.
Pryor is right. The problem is that everything he said about machine guns could also be said about AR-15s or any modern handgun. A rifled musket from the Revolutionary era has no legitimate equivalent to anything on the market today. It makes no sense to compare a weapon that must be loaded bullet by bullet to whatever the next guy who wants to shoot up an elementary school has.
I find it hypocritical and intellectually dishonest that Republican judges are able to see that machine guns, tanks, and tactical nuclear weapons are beyond the scope of the Second Amendment, but claim that assault rifles and hand cannons are just like those owned by their founders. Their decisions on machine guns prove that they know better; they simply don’t care enough about dead schoolchildren to push their logic to its inescapable conclusion, that the Second Amendment is no bar to reasonable gun regulation.
What I wrote
My feature article on the growing use of artificial intelligence in courtrooms, including in some cases to replace human judges, is as follows: finally available online. I’m really proud of it, so read it when you can. I also wrote about all the leaks that have sprung from the Supreme Court in recent times These weeks and who argued that judges should speak directly to us more often – and that the press should harass these people if necessary, demanding answers. In news unrelated to the current chaos
The onion has a new plan take over Information wars. The satirical news site attempted to buy the conspiracy site through bankruptcy proceedings two years ago, following the implosion of Information wars founder, Alex Jones. While a bankruptcy court blocked the sale, The onion has now returned with another idea: pending approval from a Texas judge, The onion will license the site to its court-appointed temporary manager.
That’s it. This is the presentation text. I just wanted to let you all know that Tim Keck, founder of The onion (better known as “Tim Onion”), is poised to take control of one of the jewels of the White Wing disinformation sphere. Appreciate.
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