Kash Patel Appeals Dismissal of Defamation Lawsuit Against Ex-FBI Official Frank Figliuzzi

FBI Director Kash Patel filed an appeal Thursday of a federal court's dismissal of his defamation lawsuit against former FBI official Frank Figliuzzi, escalating a legal dispute rooted in a televised comment about Patel's work habits.

Patel had originally sued Figliuzzi in Houston federal court, alleging that the former FBI counterintelligence assistant director defamed him during a May 2, 2025, appearance on MSNBC's "Morning Joe." During that interview, Figliuzzi said Patel had "been visible at nightclubs far more than he has been on the seventh floor of" FBI headquarters in Washington, D.C.

U.S. District Court Judge George Hanks Jr. dismissed the lawsuit on April 21, ruling that Figliuzzi's remark was "rhetorical hyperbole that cannot constitute defamation."

"Accordingly, Dir. Patel has failed to state a claim against Figliuzzi, and his lawsuit must be dismissed," Hanks wrote in his decision.

Patel's appeal will now be heard by the 5th Circuit U.S. Court of Appeals. The notice of appeal filed Thursday by Patel's attorney did not specify the grounds for challenging the lower court's ruling — those arguments are expected to be outlined in a future court filing.

In the original lawsuit, Patel's legal team characterized Figliuzzi's comment as a fabricated "specific lie" driven by his "clear animus" toward the director. The suit further stated that "since becoming Director of the FBI, Director Patel has not spent a single minute inside of a nightclub."

The timing of Thursday's appeal is notable. Hanks dismissed the Figliuzzi suit one day after Patel filed a separate, unrelated defamation lawsuit in D.C. federal court — a $250 million action against The Atlantic magazine. That suit stems from an Atlantic article that alleged Patel has abused alcohol.

Figliuzzi served as assistant director for counterintelligence at the FBI before departing the bureau and has since become a regular commentator on national security matters. Patel, confirmed as FBI director earlier this year, has maintained a confrontational public posture toward media outlets and former officials who have questioned his leadership.

The 5th Circuit appeal adds another layer to what has become a pattern of litigation by Patel against press organizations and critics. Whether appellate judges view Figliuzzi's nightclub remark as protected opinion — as Hanks did — or as a factual claim susceptible to defamation liability will likely turn on how the court characterizes the statement's context and specificity.

No hearing date has been scheduled for the appeal.

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