Back in June 2023, now-FBI-Director Kash Patel sued Jim Stewartson for libel, alleging that Stewartson had falsely claimed that Patel "attempted to overthrow the government," "planned 1/6," was "guilty of sedition," was a "Kremlin asset," and paid people to "lie to congress"; some of the allegations were also about Patel's Kash Foundation. Stewartson didn't appear to defend himself, so eventually, in March 2025, Patel moved for default judgment.Yesterday, Judge Andrew Gordon (D. Nev.) granted the motion:
As a result of the entry of default [triggered by Stewartson's failure to defend himself], "the factual allegations of the complaint, except those relating to the amount of damages, [are] taken as true." Stewartson's statements are defamatory as to Kashyap Patel. And the complaint alleges that at least one of these statements was impliedly directed at the Kash Foundation, Inc. and "directly and proximately caused the Kash Foundation significant damages …." Thus, liability is established.
The plaintiffs' motion offers scant evidence of harm or damages to either plaintiff. Even if damages are presumed, there must be some evidence to support a monetary award. The plaintiffs' expert report offers only conclusory statements about reputational damage and lost Foundation donors, with almost no reference to specific instances to support those. For example, the reports states that Mr. Patel's "image has been deeply hurt by the defamation accusing him of working against the government, corruption, and crime. Apart from the business already lost, this impacts future opportunities and relationships." But the report offers no examples of "business already lost" and how Mr. Patel's image was hurt by the defamatory statements themselves, as opposed to the myriad non-defamatory attacks Mr. Patel has suffered as a result of being a public figure.
To the contrary, after the defamatory statements, Mr. Patel was confirmed by the United States Senate as Director of the F.B.I. Clearly his reputation was not significantly sullied by the defamatory statements. Thus, minimal, if any, reputational rehabilitation damages are needed.
Nevertheless, Stewartson's statements were defamatory and caused presumed damages. Falsely stating as fact that a public figure "attempted to overthrow the government," planned the January 6 insurrection, was a "Kremlin asset," and paid people to "lie to [C]ongress" inflicts real injuries, personally and professionally. I award Mr. Patel $100,000 in compensatory damages.
