Prosecutor drops bad news on Kash Patel - Brian Tyler Cohen and Glenn Kirschner

[TexasTowelie]

Legal Breakdown episode 704: Ex-prosecutor on Kash Patel’s new defamation lawsuit.

The following summary is AI-generated.

- $250 Million Defamation Lawsuit: FBI Director Kash Patel has filed a $250 million defamation suit against The Atlantic following reports alleging excessive drinking, incapacitation, and erratic behavior during his tenure.

- Risk of Perjury: The most significant risk for Patel is being deposed under oath; if the Atlantic's reporting is accurate and Patel lies during testimony, he could face federal felony charges for perjury.

- Questionable Credibility: The legal experts highlight Patel's poor track record under oath, noting a Colorado judge previously found his testimony not credible and that he invoked the Fifth Amendment in a federal grand jury investigation regarding classified documents.

- Personal Liability: The lawsuit appears to be filed in Patel's personal capacity rather than the FBI's, meaning if the suit is deemed frivolous, he could be personally liable for The Atlantic's substantial attorney fees rather than taxpayers covering the cost.

- Evidence Against Him: Publicly available evidence, including video of Patel drinking with the U.S. hockey team on a government jet and reports of security teams needing to breach his hotel room door, could serve as damaging evidence in the discovery phase.

- Strategic Dismissal Likely: The commentators suggest the lawsuit is a tactic to intimidate the press ("using the court system as a sword" ) and predict it will likely be dismissed via summary judgment before reaching a trial, similar to Donald Trump's recent $10 billion suit against the Wall Street Journal.