President Trump sued the BBC for $10 billion. Now a federal judge has ordered him to sit for a deposition in his own case by December 11, or face sanctions up to dismissal of the lawsuit, the Associated Press reports.
U.S. Magistrate Judge Enjoliqué Lett issued the order Thursday after BBC lawyers complained that Trump had delayed his appearance in the case he filed. “We still haven’t been able to depose the plaintiff,” BBC attorney Charles Tobin told the court, with two months left in the discovery period. Tobin noted there had been an agreed deposition date of October 16, but Trump canceled it for a “matter of national importance.” Tobin pointed out Trump was campaigning in Georgia that day: “He was participating in party politics and prioritized that over sitting for the deposition.”
Trump filed the suit last December, accusing the publicly funded broadcaster of defamation and deceptive trade practices over the documentary “Trump: A Second Chance.” The BBC acknowledged its filmmakers spliced together quotes from different sections of Trump’s January 6, 2021 speech to make it seem he was directly urging violence. The broadcaster apologized for the editing, and its director-general and top news executive resigned, but the BBC denies it defamed him.
Discovery is scheduled to end December 18. The judge also ruled Trump’s deposition can be recorded on video, but only for the attorneys; it will not be released publicly.
The BBC has also subpoenaed former special counsel Jack Smith to bolster its defense, and whether Smith can testify is now its own fight. Federal rules require current and former employees to get permission from agency heads before testifying. Smith requested permission and has not received an answer; the judge ordered the Justice Department to respond by November 2. Tobin argued Smith has not objected to being deposed, so the only objection comes from Trump, and that the BBC is entitled to the deposition even if admissibility is argued later. Trump’s lawyer Alejandro Brito countered that Smith has no personal knowledge of Trump’s January 6 speech or state of mind, and that Smith’s report and congressional testimony are already public.
The judge also ruled the BBC can see Mar-a-Lago membership records: the total number of membership applications from January 6, 2020 through January 6, 2026, and the cost of membership and initiation fees for new applicants. Tobin argued that in a defamation case, actual damages matter, and Mar-a-Lago’s popularity is a significant indicator of Trump’s reputation. Brito argued Trump does not run Mar-a-Lago and his reputation is not tied to the club.
