Judge Tosses Kash Patel's Defamation Suit Against Former Msnbc Contributor

A national judge successful Texas has tossed a defamation suit brought by FBI Director Kash Patel against erstwhile FBI adjunct director-turned-MSNBC contributor Frank Figliuzzi.

Patel had sued Figliuzzi complete comments he made connected "Morning Joe" astir nan FBI director’s evening activities.

"Yeah, well, reportedly, he’s been visible astatine nightclubs acold much than he has been connected nan seventh level of nan Hoover building," Figliuzzi said connected nan show past year. ("Morning Joe" now airs connected MS NOW.)

Figliuzzi's lawyers based on that "this remark was a sarcastic, hyperbolic remark that receives protection from defamation liability."

Frank Figliuzzi, erstwhile adjunct head for counterintelligence astatine nan FBI, successful 2021. Cheney Orr / Bloomberg via Getty Images file

U.S. District Judge George Hanks Jr. agreed, writing, “Figliuzzi’s statement, erstwhile taken successful context, cannot person been perceived by a personification of mean intelligence arsenic stating existent facts astir Patel.”

"A personification of reasonable intelligence and learning would not person taken his connection literally: that Dir. Patel has really spent much hours physically successful a nightclub than he has spent physically successful his agency building," nan judge added.

The judge said that since he believes nan connection constitutes "rhetorical hyperbole," it cannot beryllium defamation.

Marc Fuller, Figliuzzi's lawyer, hailed nan determination arsenic a "victory for property state and nan First Amendment."

The judge, however, denied Figliuzzi's petition for lawyer fees and different costs.

The ruling came 2 days aft Patel filed a abstracted defamation suit against The Atlantic mag complete a communicative it published past week that alleged he drinks to excess and has had unexplained absences astatine nan bureau.

The lawsuit, which seeks $250 cardinal from nan magazine, alleges that nan article is simply a "sweeping, malicious and defamatory deed piece."

The Atlantic defended nan communicative by Sarah Fitzpatrick, who is simply a erstwhile elder investigative shaper for NBC News.

"We guidelines by our reporting connected Kash Patel, and we will vigorously take sides The Atlantic and our journalists against this meritless lawsuit," The Atlantic’s elder vice president of communications, Anna Bross, said.