A federal judge in Texas has dismissed FBI Director Kash Patel’s defamation lawsuit, ruling that an on‑air remark suggesting Patel spent “far more” time at nightclubs than at his office was exaggerated commentary − not a literal or defamatory claim.
In a decision issued Tuesday, April 21, U.S. District Judge George C. Hanks Jr. said Patel failed to plausibly allege defamation by former FBI official and MS NOW analyst Frank Figliuzzi, according to court documents reviewed by USA TODAY.
“A person of reasonable intelligence and learning would not have taken his statement literally: that Dir. Patel has actually spent more hours physically in a nightclub than he has spent physically in his office building,” Hanks wrote.
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Patel filed the lawsuit in June 2025, arguing that Figliuzzi’s comments during a May 2025 appearance on MS NOW’s Morning Joe crossed a legal line by “fabricating a specific lie” about him. Patel’s lawyers also alleged the commentator knew the statement was false when he made it on air.
Hanks rejected that argument, finding the remarks were exaggerated rather than defamatory.
“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,” the judge wrote.
Neither the FBI nor Patel’s attorney immediately responded to USA TODAY’s requests for comment.
Patel’s ongoing legal battles
Tuesday’s ruling is the latest in a series of legal disputes involving Patel.
Earlier this week, the FBI director filed a separate defamation lawsuit against The Atlantic and reporter Sarah Fitzpatrick over an article that raised concerns about Patel’s alleged drinking behavior and potential national security implications.
The article, initially titled “Kash Patel’s Erratic Behavior Could Cost Him His Job,” cited more than two dozen anonymous sources who described what they characterized as “conspicuous inebriation and unexplained absences” that they said alarmed officials at both the FBI and the Department of Justice.
“The Atlantic’s story is a lie,” Patel said in an interview with Reuters. “They were given the truth before they published, and they chose to print falsehoods anyway.”
“We stand by our reporting on Kash Patel,” Editor‑in‑Chief Jeffrey Goldberg said in a statement to CNBC after Patel threatened legal action during a Sunday appearance on Fox News.
Reuters contributed to this report.
Fernando Cervantes Jr. is a trending news reporter for USA TODAY. Reach him at fernando.cervantes@usatodayco.com and follow him on X @fern_cerv_.
This article originally appeared on USA TODAY: Judge tosses Patel lawsuit over ‘nightclub’ jab
