FBI Director Kash Patel has filed a defamation lawsuit against MSNBC columnist Frank Figliuzzi over false claims that the director spent more time at nightclubs than at FBI headquarters. The lawsuit, filed June 2 in Texas, accuses Figliuzzi of fabricating statements about Patel’s whereabouts and professional conduct.
The defamation case centers on comments Figliuzzi made during a May 2 broadcast of Morning Joe, where he claimed Patel had been visible at nightclubs far more than on the seventh floor of the Hoover Building. Figliuzzi, a former assistant director for counterintelligence at the FBI and current NBC News national security analyst, made the allegation without verification during his television appearance.
According to court documents, Patel’s attorneys argue that Figliuzzi knew the statement was false when he made it. The lawsuit states that since becoming FBI Director, Patel has not spent a single minute inside a nightclub. The filing characterizes Figliuzzi’s use of the word “reportedly” as a fabrication designed to distance himself from what attorneys call a maliciously false and defamatory statement.
MSNBC was forced to retract Figliuzzi’s claim during a May 5 broadcast. Morning Joe co-host Jonathan Lemire acknowledged the error, stating: “This was a misstatement. We have not verified that claim.” The retraction came without an accompanying apology and was followed immediately by a commercial break.
The lawsuit alleges Figliuzzi fabricated the story due to clear animus toward Patel, citing previous critical commentary about the FBI director’s qualifications. In earlier columns, Figliuzzi had described Patel as one of the most ill-suited Cabinet nominees of all time and questioned whether he possessed the FBI’s core values of fidelity, bravery and integrity. Figliuzzi also wrote that Patel’s record showed no devotion to the Constitution but blind allegiance to Trump.
Patel’s legal team contends there was no basis for Figliuzzi’s fabrication and that the defendant did not rely on reporting from any other source. The attorneys argue Figliuzzi made up the story completely and used qualifying language to attempt distancing himself from the false statement. They further allege that as a partisan commentator, Figliuzzi was motivated to sensationalize and fabricate a story to advance his own name recognition at Patel’s expense.
During the original Morning Joe segment, Figliuzzi also claimed that daily briefings to Patel had been reduced from every day to twice weekly. He described Patel’s alleged absence from headquarters as both a blessing and a curse, given what he characterized as the director’s lack of experience. Figliuzzi suggested that while Patel’s absence might allow experienced agents to run operations, his disconnection from day-to-day activities could prove problematic.
The former FBI official told viewers that reports indicated Patel frequently split time between the Washington office and his home in Las Vegas. He concluded his commentary by stating that the word he kept hearing from inside the FBI building was “chaos,” with employees uncertain about daily operations and direction.
FBI spokesperson Ben Williamson disputed Figliuzzi’s claims on social media at the time, calling them bogus and noting he saw Patel at headquarters every day. The spokesperson’s response preceded the formal lawsuit by several weeks and provided contemporaneous contradiction to the nightclub allegations.
This legal action represents another chapter in Patel’s history of litigation against media organizations and perceived adversaries. Previous reporting indicates Patel has filed at least six lawsuits since 2019, including multiple defamation cases against various news outlets. Most of these cases have been dismissed or withdrawn.
A Virginia Court of Appeals recently affirmed dismissal of Patel’s defamation suit against CNN on January 21. The court ruled that while Patel’s complaint contained factual allegations accepted as true, those allegations targeted CNN generally and failed to demonstrate the required state of mind for the specific publishers of challenged statements. The majority opinion noted that constitutional free speech principles require public officials like Patel to prove publishers subjectively knew statements were false or believed they were probably false.
Figliuzzi served as a special agent for 25 years before becoming assistant director for counterintelligence. He currently works as a senior national security and intelligence analyst for both MSNBC and NBC News. Representatives for Patel declined to comment on the current lawsuit, while MSNBC has not responded to requests for comment regarding the legal action.
The case highlights ongoing tensions between Patel and media critics who have questioned his qualifications and approach to leading the FBI. Patel’s appointment faced significant scrutiny due to his limited senior law enforcement experience and previous promotion of conspiracy theories favorable to Trump during his first presidency.
