A federal judge on Tuesday dismissed FBI Director Kash Patel’s defamation lawsuit against former FBI official Frank Figliuzzi over a comment Figliuzzi made on MS NOW’s ‘Morning Joe’ last May. Figliuzzi stated that Patel had “been visible at nightclubs far more than he has been” at the FBI’s headquarters.
U.S. District Court Judge George Hanks Jr. ruled in a 10-page decision that Figliuzzi’s comment was “rhetorical hyperbole that cannot constitute defamation.” The network was then still MSNBC.
“Accordingly, Dir. Patel has failed to state a claim against Figliuzzi, and his lawsuit must be dismissed,” Hanks Jr. wrote.
Patel had requested at least $75,000 in damages in the suit last June. ‘Morning Joe’ co-anchor Jonathan Lemire walked back Figliuzzi’s claim the following morning, calling it a “misstatement” that the network had not verified.
Marc Fuller, Figliuzzi’s lawyer, told TheWrap the decision was “a victory for press freedom and the First Amendment.” The FBI did not respond to an immediate request for comment.
Patel Faces Another Defamation Lawsuit
The decision came a day after Patel filed a $250 million defamation lawsuit against The Atlantic over a story alleging he drank excessively, which purportedly impacted his performance. The story claimed his security detail struggled to wake him up and left him hard to contact.
Patel defended himself in a fiery press conference with reporters on Tuesday evening, alleging that when “the fake news mafia” gets “louder,” “it just means I’m doing my job.”
“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.”
Patel also claimed he was “the first one in” and “the last one out” of the FBI’s headquarters. He strongly disputed a claim in The Atlantic story that an episode where he couldn’t log into his FBI systems led him to believe President Donald Trump had fired him.
“The problem with you and your baseless reporting is that is an absolute lie. It was never said. It never happened. And I will serve in this administration as long as the president and the attorney general want me to do so.”
The Atlantic responded in a statement on Tuesday, saying it stands by its Patel story and “will vigorously defend The Atlantic and our journalists against this meritless lawsuit.”