Kash Patel appeals dismissal of defamation lawsuit against ex-FBI official Figliuzzi

FBI Director Kash Patel on Thursday filed an appeal of the recent dismissal of his defamation lawsuit against former FBI official Frank Figliuzzi.

Patel had sued Figliuzzi in Houston federal court, alleging that the former FBI counterintelligence assistant director defamed him in a May 2, 2025, interview on MS NOW's "Morning Joe" by saying Patel had "been visible at nightclubs far more than he has been on the seventh floor of" FBI headquarters.

U.S. District Court Judge George Hanks Jr., in his April 21 decision dismissing Patel's lawsuit, said that Figliuzzi's statement 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.

Hanks dismissed Patel's suit a day after the FBI director filed an unrelated $250 million defamation lawsuit in D.C. federal court against The Atlantic magazine.

The suit relates to an Atlantic article that alleged Patel has abused alcohol.

Patel's bid to overturn the dismissal of the suit against Figliuzzi will be heard by the 5th Circuit U.S. Court of Appeals.

The notice of appeal that Patel's attorney filed on Thursday did not identify the grounds for that appeal. Those grounds will be laid out in a future court filing.

Patel's suit against Figliuzzi had said the former FBI official fabricated "a specific lie" about Patel because of his "clear animus" toward the director.

"Since becoming Director of the FBI, Director Patel has not spent a single minute inside of a nightclub," Patel's suit said.

CNBC has requested comment from attorneys for Patel and Figliuzzi.