Federal Judge Dismisses Defamation Lawsuit Against Former FBI Official

A federal judge in Texas dismissed a defamation lawsuit brought by FBI Director Kash Patel against Frank Figliuzzi, a former FBI assistant director and current contributor to MS NOW. The lawsuit centered on statements Figliuzzi made on the program 'Morning Joe' last year.

Figliuzzi stated, 'Yeah, well, reportedly, he’s been visible at nightclubs far more than he has been on the seventh floor of the Hoover building,' referring to Patel.

District Judge George Hanks Jr. ruled that the statement, in context, could not be perceived by a person of ordinary intelligence as stating actual facts about Patel. The judge added that a person of reasonable intelligence would not take the statement literally, meaning that Patel had spent more hours in a nightclub than in his office building.

Hanks described the comment as rhetorical hyperbole, which is protected from defamation liability. Figliuzzi's lawyers argued that the remark was sarcastic and hyperbolic, qualifying for protection.

Fuller, Figliuzzi's lawyer, stated that the decision was a victory for press freedom and the First Amendment. The judge denied Figliuzzi's request for attorney fees and other costs. MSNBC rebranded to MS NOW following a spinoff from Comcast, which owns NBCUniversal, the parent company of NBC News. The program 'Morning Joe' continues to air on the channel.

The ruling occurred on April 22, 2026, two days after Patel filed a separate defamation lawsuit against The Atlantic magazine. That suit seeks $250 million and concerns an article published last week alleging that Patel drinks to excess and has had unexplained absences at the FBI.

The lawsuit describes the article as a sweeping, malicious, and defamatory hit piece. The Atlantic defended the story, which was reported by Sarah Fitzpatrick, a former senior investigative producer for NBC News.