Judge Tosses Kash Patel’s Lawsuit Over TV Analyst’s ‘Nightclubs’ Claims

A federal judge in Texas on Tuesday dismissed a 2025 defamation lawsuit brought by FBI Director Kash Patel against a former FBI official who claimed Patel had “been visible at nightclubs far more than he has been on the seventh floor of the Hoover building.”

U.S. District Judge George Hanks Jr. dismissed the lawsuit against Frank Figliuzzi, the former FBI assistant director for counterintelligence, writing in his decision: “A person of reasonable intelligence and learning would not have taken his statement literally.”

Figliuzzi, who had been working as an analyst for MSNBC (now MS NOW), made the comments on the network’s “Morning Joe” program last year.

“By saying that Patel spent ‘far more’ time at nightclubs than his office, Figliuzzi delivered his answer ‘in an exaggerated, provocative and amusing way,’ employing rhetorical hyperbole.” Hanks wrote.

“The Court finds that Figliuzzi’s statement is rhetorical hyperbole that cannot constitute defamation. Accordingly, Dir. Patel has failed to state a claim against Figliuzzi, and his lawsuit must be dismissed,” the decision continued.

However, Hanks ruled that Figliuzzi would not be able to recover attorneys’ fees and costs under Texas’s anti-SLAPP law.

The lawsuit is not related to the suit Patel filed on Monday against The Atlantic.