Diyar Güldoğan
22 April 2026•Update: 22 April 2026
A federal judge on Tuesday dismissed a defamation lawsuit filed by FBI Director Kash Patel against former FBI official and commentator Frank Figliuzzi, ruling that the disputed remarks were protected speech and not actionable defamation.
The case stemmed from comments made by Figliuzzi suggesting that Patel spent more time in nightclubs than at FBI headquarters.
Patel argued that the statement damaged his reputation and constituted a false factual assertion.
"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," US District Court Judge George Hanks wrote in the decision.
“The Court finds that Figliuzzi’s statement, when taken in context, cannot have been perceived by a person of ordinary intelligence as stating actual facts about Patel.”
"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.”
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 also ruled that Figliuzzi is unable to recover attorney’s fees and court costs under the Texas anti-SLAPP statute.
The case is separate from a $250 million defamation lawsuit Patel filed on Monday against The Atlantic, which included claims regarding his alleged alcohol use—allegations he publicly rejected during a news conference on Tuesday.
"I've never been intoxicated on the job, and that is why we filed a $250 million defamation lawsuit. And any one of you that wants to participate, bring it on. I'll see you in court," Patel told reporters.
