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Reason
Reason
Eugene Volokh

FBI Director Kash Patel Loses Defamation Lawsuit Over Morning Joe Statements

From today's by Judge George C. Hanks, Jr. (S.D. Tex.) in Patel v. Figliuzzi, which stemmed from his exchange on MSNC's Morning Joe with defendant Cesare Frank Figliuzzi, Jr., "the former assistant director for counterintelligence at the FBI":

Host: "So, Frank, let's turn to FBI Director Kash Patel, who has sort of taken a surprisingly backseat role—at least to this point, in the first 102 or 103 days, wherever we are right now. What do you make of that, that he's just been a little less visible than I think a lot of people and Trump observers expected him to be?"

Figliuzzi: "Yeah, well, reportedly, he's been visible at nightclubs far more than he has been on the seventh floor of the Hoover building. And there are reports that daily briefings to him have been changed from every day to maybe twice weekly. So this is both a blessing and a curse, because if he's really trying to run things without any experience level, things could be bad. If he's not plugged in, things could be bad, but he's allowing agents to run things. So we don't know where this is going."

Patel claimed the "been visible at nightclubs far more than he has been on the seventh floor of the Hoover building" was actionable defamation, but the court found that it was nonactionable rhetorical hyperbole instead:

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