New Delhi: Kash Patel is on a litigation spree, but not all of it is sticking in court. In the latest setback for the FBI director, a federal court in Houston on 21 April dismissed his defamation lawsuit against former FBI official Frank Figliuzzi, ruling that the remark at the centre of the case amounted to “rhetorical hyperbole” rather than a factual claim.
The lawsuit stemmed from a comment Figliuzzi, who previously served as the FBI’s assistant director for counterintelligence, made during an appearance on the MS Now show “Morning Joe” in May 2025. Referring to Patel, he said that the director had “been visible at nightclubs far more” than he had been on the seventh floor of the FBI’s headquarters in Washington DC.
A month later, Patel sued Figliuzzi, accusing him of “fabricating a specific lie” driven by “clear animus.” The complaint pointed to a broader pattern of criticism from Figliuzzi, including remarks questioning Patel’s competence and alleging “blind allegiance” to President Donald Trump.
US District Judge George Hanks Jr., in his ruling, however, held that Figliuzzi’s statement could not reasonably be interpreted as a literal assertion of fact.
“The Court finds that Figliuzzi’s statement is rhetorical hyperbole that cannot constitute defamation,” Hanks wrote, adding that Patel had “failed to state a claim.”
The judgment emphasised context, noting that no reasonable person would take the nightclub remark at face value.
“A person of reasonable intelligence and learning would not have taken his statement literally.”
The judge added: “By saying that Patel spent ‘far more’ time at nightclubs than in his office, Figliuzzi delivered his answer ‘in an exaggerated, provocative and amusing way,’ employing rhetorical hyperbole.”
Figliuzzi’s lawyer, Marc Fuller, in a statement to CNBC, welcomed the decision, calling it “a victory for press freedom and the First Amendment.”
“Director Patel’s claim against Frank was baseless, and we are pleased that the court dismissed it,” Fuller said.
One battle after another
Although the dismissal is unlikely to mark the end of Patel’s legal battles. Earlier this week, the FBI director filed a separate $250 million defamation lawsuit against The Atlantic magazine over a report alleging he had alarmed colleagues with episodes of excessive drinking and unexplained absences. Published on 17 April, the report cited anonymous sources raising concerns about Patel’s conduct and its potential impact on the US law enforcement agency.
In a press conference, Patel denied ever being intoxicated on the job, claiming, “We do not care what the fake news mafia says in the process.”
He further highlighted what he described as a string of law enforcement successes during his tenure.
“I have never been intoxicated on the job, and that is why we filed a 250 million dollar defamation lawsuit and any one of you that wants to participate, bring it on, I will see you in court,” Patel said.
The Atlantic, however, has stood by its reporting. In a statement after the lawsuit was filed, a spokesperson said the publication would “vigorously defend” both the story and its journalists against what it called a meritless claim. Reporter Sarah Fitzpatrick echoed that stance in a television interview, saying she stood “by every word” of her reporting.
(Edited by Insha Jalil Waziri)