FBI Director Kash Patel has formally appealed the recent dismissal of his defamation lawsuit against former FBI official Frank Figliuzzi. The legal challenge stems from remarks Figliuzzi allegedly made regarding Patel’s presence at FBI headquarters versus social venues.

Patel initially filed the lawsuit in Houston federal court, alleging that Figliuzzi, a former FBI counterintelligence assistant director, defamed him during a May 2, 2025, interview on ‘Morning Joe.’ In the interview, Figliuzzi reportedly stated that Patel had “been visible at nightclubs far more than he has been on the seventh floor of” FBI headquarters in Washington, D.C. Patel’s suit contended that Figliuzzi fabricated this “specific lie” out of “clear animus” toward the director, asserting that since becoming Director, Patel “has not spent a single minute inside of a nightclub.”

U.S. District Court Judge George Hanks Jr. issued his decision to dismiss the lawsuit on April 21, concluding that Figliuzzi’s statement constituted “rhetorical hyperbole that cannot constitute defamation.” Judge Hanks Jr. further wrote that Patel had “failed to state a claim against Figliuzzi,” necessitating the dismissal of his lawsuit. Patel’s bid to overturn this ruling will now be heard by the 5th Circuit U.S. Court of Appeals. The specific grounds for the appeal were not disclosed in the initial filing but are expected to be detailed in future court documents.

This appeal follows closely on the heels of another significant legal action taken by Patel; just a day before the Figliuzzi suit was dismissed, the FBI Director launched an unrelated $250 million defamation lawsuit in D.C. federal court against The Atlantic magazine. That particular suit addresses allegations made in an Atlantic article concerning Patel’s alleged alcohol abuse.