If at first you don't succeed, try, try again. In the case of the director of the Federal Bureau of Investigation (FBI), he didn't learn of the first court loss before the second defamation lawsuit had already been filed.
A U.S. district judge in Texas dismissed FBI Director Kash Patel's defamation lawsuit against a former FBI official on April 21, 2026. Judge George C. Hanks Jr. ruled that comments made by former FBI official Frank Figliuzzi on the MSNBC show "Morning Joe" suggesting Patel was more visible in nightclubs than at his job were "rhetorical hyperbole" that did not meet the legal standard for defamation. The dismissal came on the heels of Director Patel's filing of an unrelated $250 million lawsuit against The Atlantic Magazine and writer Sarah Fitzpatrick, which was filed the day before in the U.S. District Court of the District of Columbia.
It's been a tumultuous tenure so far for the former prosecutor, who was appointed Director of the FBI by President Trump in 2025. The embattled Patel has faced withering criticism over allegations that he demanded partisan loyalty from FBI staff, mishandled the Epstein investigation, and contributed to what critics see as the agency's declining effectiveness under his leadership.
The scrutiny is likely to intensify after Democrats on the House Judiciary Committee launched an investigation into his alleged alcohol abuse on April 22.
Okay, Who Coined 'J. Edgar Boozer'?
It's often difficult to succeed with a defamation lawsuit. Whether for libel (written) or slander (spoken), the plaintiff generally must show that the defendant published a false statement of fact about the plaintiff to someone else, and that:
- The defendant was at fault, such as by acting negligently
- The plaintiff suffered harm, such as reputational damage
Public officials must also prove "actual malice," meaning the statement was made with knowledge that it was false or with reckless disregard for the truth.
Accusations often run afoul of First Amendment protections, and those that don't must prove that a reasonable person could not tell the offending words were not meant as facts.
On May 2, 2025, Figliuzzi, the former assistant director of counterintelligence at the FBI, appeared on the MSNBC show "Morning Joe." He had a history of venting his displeasure about how Patel was doing in his position, and this segment would prove no different. During his appearance, Figliuzzi said, "Reportedly, (Patel) had been visible at nightclubs far more than he has been on the seventh floor of the Hoover building."
A month later, Patel responded by filing a defamation lawsuit against Figliuzzi. The complaint noted that Figliuzzi had previously written that Patel was "one of the most ill-suited Cabinet nominees … of all time," and that he lacked any of the traits from the FBI's motto, "Fidelity, Bravery, Integrity." Claiming that he'd tried to use "reportedly" as a "weasel word" to hide behind, Patel's suit claimed that Figliuzzi's statement had damaged his reputation and undermined his authority as FBI Director by presenting something he knew wasn't true.
Unfortunately for Patel, Judge Hanks also felt the statement was ridiculous, but for different reasons. In the dismissal, he ruled that no reasonable person would actually believe that Patel spent more time in nightclubs than in his office building, and that Figliuzzi clearly meant it as an over-the-top comment. There was a silver lining for Patel, as Judge Hicks rejected Figliuzzi's request for attorneys' fees under Texas's anti-SLAPP law against meritless lawsuits.
Does the Atlantic Have the Receipts?
In the new complaint, Patel's lawyers labeled the Atlantic article "The FBI Director Is MIA," which chronicles Patel's alleged drinking and behavioral issues, as a "hit piece." Patel has claimed that the article, which alleges he's engaged in an inordinate amount of drinking in private clubs and has often been unavailable for his expected duties, is fabricated. To date, he has enjoyed the full support and endorsement of the White House.
In his dismissed complaint, Patel wrote that he "has not spent a single minute inside of a nightclub" since taking over as FBI director. That statement could be the subject of discovery if the Atlantic chooses to pursue it.
Related Resources
- Federal Judge Rules Court, Not Justice Department, Will Search Reporter's Seized Material (FindLaw's Federal Courts)
- When Can the FBI Raid a Lawyer's Office? (FindLaw's Law and Daily Life)
- Fault Required for Defamation (FindLaw's Torts and Personal Injury Law)
