Judge dismisses Kash Patel’s defamation lawsuit against MS NOW analyst’s ‘nightclubs’ comment

Plus more on Patel vs. the press, MS NOW and White House Correspondents’ Dinner

A federal judge in Houston on Tuesday dismissed FBI Director Kash Patel’s defamation lawsuit against an MS NOW analyst who said Patel had reportedly “been visible at nightclubs” more than he had at FBI headquarters. The dismissal came a day after Patel filed a $250 million defamation lawsuit against The Atlantic over an article alleging he has engaged in “excessive drinking” and “erratic” behavior as FBI director. Patel sued Frank Figliuzzi, a former FBI assistant director for counterintelligence turned national security analyst, for his comments during a May 2, 2025, “Morning Joe” appearance. “Well, reportedly, he’s been visible at nightclubs far more than he has been on the seventh floor of the Hoover building,” Figliuzzi said. MS NOW (formerly known as MSNBC) issued an on-air correction a few days later, with a host saying Figliuzzi’s comment was “a misstatement. We have not verified that claim.” In his decision dismissing Patel’s case, U.S. District Court Judge George Hanks Jr. wrote that Figliuzzi’s statement was “rhetorical hyperbole that cannot constitute defamation” and that “a person of reasonable intelligence and learning would not have taken his statement literally.”