Kash Patel loses defamation case over 'specific lie' about how he spends his free time just one day after citing it as example of a 'pending' lawsuit

The "specific lie" connected TV that gave emergence to Kash Patel's defamation suit against a nationalist information commentator was thing much than "rhetorical hyperbole," a national justice ruled portion tossing the case.

U.S. District Judge George Hanks Jr., a Barack Obama appointee connected the U.S. District Court for the Southern District of Texas, issued the 10-page decision connected Tuesday, conscionable 1 time aft the FBI manager referenced the suit arsenic "pending" successful his $250 cardinal suit against The Atlantic.

"[W]hen taken successful context," erstwhile FBI counterintelligence adjunct manager Frank Figliuzzi's statements "cannot person been perceived by a idiosyncratic of mean quality arsenic stating existent facts astir Patel," the justice said.

In May 2025, Figliuzzi made an quality connected the cablegram quality web formerly known arsenic MSNBC. During a conception connected "Morning Joe," the impermanent said that "reportedly" Patel has "been disposable astatine nightclubs acold much than helium has been connected the seventh level of the Hoover Building" — a remark that the network days aboriginal called a "misstatement" and unverified.

That did not halt Patel's attorneys Jesse Binnall and Jason Greaves from filing a ailment successful Texas against Figliuzzi in June 2025, penning that the suspect "crossed the ineligible enactment by fabricating a circumstantial prevarication astir Director Patel." And connected Monday, the attorneys mentioned the Figliuzzi lawsuit portion suing The Atlantic implicit anonymously sourced claims of "excessive drinking," instances of being "unreachable down locked doors," and a "freak-out" connected the portion of Patel.

The filing claimed that The Atlantic willfully "avoid[ed] receiving accusation that would refute their narrative" and published "pure fantasy" astir Patel that "echoed a akin fabrication antecedently aired by […] Figliuzzi connected Morning Joe—anonymously sourced reporting that was aboriginal retracted by MSNBC and that is the taxable of pending defamation litigation—yet Defendants published it anyway."

Unfortunately for the FBI director, the "pending" lawsuit that helium says The Atlantic ignored has failed.

"A idiosyncratic of tenable quality and learning would not person taken his connection literally: that Dir. Patel has really spent much hours physically successful a nightclub than helium has spent physically successful his bureau building. By saying that Patel spent 'far more' clip astatine nightclubs than his office, Figliuzzi delivered his reply 'in an exaggerated, provocative and amusing way,' employing rhetorical hyperbole," the justice summarized. "The Court finds that Figliuzzi's connection is rhetorical hyperbole that cannot represent defamation."

Law&Crime has learned that Patel intends to entreaty to the 5th U.S. Circuit Court of Appeals.

"The tribunal ruled that Mr. Figliuzzi's statements were rhetorical hyperbole; helium was palmy due to the fact that helium convinced the justice that he's not a superior person," said Binnall, besides one of Michael Flynn's lawyers. "While we disagree with the tribunal and volition appeal, that holding efficaciously eviscerates anyone's—including The Atlantic's—ability to dainty his statements arsenic reliable facts."

Law&Crime did not instantly person a effect to a follow-up question asking whether Patel's lawyers had crushed to judge The Atlantic did dainty Figliuzzi's statements arsenic reliable facts. The Atlantic nonfiction itself did not notation him.