Judge Orders Trump to Sit for Deposition in $10B BBC Lawsuit
A federal judge has ordered President Donald Trump to sit for a deposition by Dec. 11 in his $10 billion defamation lawsuit against the BBC, rejecting his legal team's request to push the questioning into 2027.
U.S. Magistrate Judge Enjoliqué Lett in Miami issued the order Thursday after the British broadcaster accused Trump of repeatedly delaying. If Trump does not comply, he could face sanctions, up to and including dismissal of his lawsuit, unless the discovery period is extended past Dec. 18, The Associated Press reported.
Why the BBC Went to Court
The BBC asked the judge to step in after Trump canceled a deposition date both sides had agreed to. Trump was scheduled to be questioned on Oct. 16, but his lawyers said in late September that he was unavailable because of "matters of national importance."
According to Newsweek, those matters included the conflict with Iran, unrest in the Middle East, the war between Russia and Ukraine, and economic and security issues. The BBC pointed out that Trump attended a campaign rally in Dalton, Georgia, on Oct. 16.
"Two months remain in the discovery period, and we still haven't been able to depose the plaintiff," BBC attorney Charles Tobin told the court. In a filing, he wrote that the delays "have flouted the cooperative spirit of discovery." The BBC also argued that by filing the lawsuit, Trump accepted the same obligations as any other person who brings a civil case.
The BBC says it has been asking for a date since July. Trump's lawyers later proposed the second or third week of January and asked the court to bar video recording of the deposition. The judge has not yet ruled on the recording request, according to Newsweek.
What Trump's Lawyers Say
Trump's legal team pushed back on claims that he is dodging the questioning. "President Trump is not avoiding his deposition in this action," his lawyers wrote.
They argued that the BBC rushed to court before the two sides finished negotiating new dates. They also cited past Supreme Court cases, including Clinton v. Jones from 1997, to argue that a president's official duties should be taken into account when scheduling testimony.
Judge Lett had previously warned that failing to follow discovery procedures could lead to sanctions, saying earlier warnings over Trump's lack of participation had been "to no avail."
The Fight Over Jack Smith
The two sides are also battling over whether former special counsel Jack Smith, who led federal investigations into Trump, should be questioned in the case.
Trump's lawyers argued that "Smith lacks any personal knowledge regarding the issues in this matter." The BBC disagreed. "It is difficult to imagine a more authoritative source on these issues than Mr. Smith," its lawyers wrote. A ruling on that question has not been reported.
What the Lawsuit Is About
Trump sued the BBC in Florida last December, seeking $5 billion for defamation and another $5 billion for unfair trade practices.
The lawsuit centers on a "Panorama" documentary titled "Trump: A Second Chance?" which included an edited clip of Trump's Jan. 6, 2021, speech. The BBC has acknowledged that the filmmakers spliced together quotes from different parts of the speech, making it appear that Trump directly urged violence, NewsChannel 5 reported. The edit combined his remarks about walking to the Capitol with his later "fight like hell" line.
The editing caused an uproar in Britain. After concerns were raised in a memo by former BBC adviser Michael Prescott, BBC Director General Tim Davie and News CEO Deborah Turness resigned. BBC chair Samir Shah apologized for the edit.
Still, the broadcaster denies that the documentary defamed Trump and is seeking to have the lawsuit dismissed.
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