Judge orders Trump to sit for deposition in BBC lawsuit

A judge says President Donald Trump's lawsuit may be thrown out if a deposition does not take place. Photo: AAP
A US judge has ordered President Donald Trump to sit for a deposition in his defamation lawsuit against the BBC by December 11.
The order from US Magistrate Judge Enjolique Lett came as the BBCâs lawyers complained that Trump had delayed his appearance.
Lawyer Charles Tobin said that with two months left in the discovery period, âwe still havenât been able to depose the plaintiffâ.
He noted there was an agreed-upon date of October 16 for the interview under oath but that the Republican president cancelled it for a âmatter of national importanceâ.
Tobin said Trump was in fact campaigning in Georgia that day.
âHe was participating in party politics and prioritised that over sitting for the deposition,â Tobin said.
Lett said Trump must sit for a deposition by December 11 or face having his legal action thrown out â unless the discovery period was extended past December 18.
The British broadcaster says Trump is trying to delay his appearance until January 2027.
The judge has threatened sanctions if Trump fails to comply with the courtâs schedule.
Trump, who has often avoided depositions, filed his lawsuit against the BBC last December, seeking $US10 billion ($14 billion) in damages.
He accused the publicly funded broadcaster of defamation as well as deceptive and unfair trade practices in a misleadingly edited clip of a speech in a Panorama documentary show titled Trump: A Second Chance.
The BBC acknowledged that filmmakers spliced together quotes from different sections of a speech Trump delivered to his supporters on January 6, 2021 before the storming of the US Capitol, to make it seem he was directly urging violence.
The broadcaster apologised over the editing and the head of the BBC and its top news executive both resigned.
The BBC has rejected Trumpâs claims that it defamed him.
To bolster its defence, the broadcaster subpoenaed former special counsel Jack Smith earlier this month.
Trumpâs lawyers argued, in a joint filing asking for a hearing on the matter, that there was no good reason for Smith â who is not a party to the case â to appear.
âSmith lacks any personal knowledge regarding the issues in this matter,â they argued in the filing.
The BBC countered, in the same filing, that there were few more knowledgeable sources about the events of January 6 than Smith, who studied and investigated them for years.
âIt is difficult to imagine a more authoritative source on these issues than Mr Smith, who spent years gathering evidence on those topics with the force of the Justice Department and the power of the grand jury behind him,â the BBCâs lawyers argued.
âNo one forced Plaintiff to file this lawsuit and to dispute that his speech on January 6 incited the violence that followed at the Capitol. But as long as he chooses to maintain the case, he cannot commit the fundamental injustice of preventing the BBC from obtaining the evidence it needs to robustly defend itself on every element of his claimâŠâ
In a filing on October 13, the BBCâs lawyers said they first requested dates for a deposition in July and followed up repeatedly, with both sides eventually agreeing on October 16.
After weeks of silence, they wrote, âPlaintiffâs counsel responded on September 28, 2026, indicating that âthe president is no longer available for his deposition on October 16 due to other matters of national importanceâ and that counsel would âendeavour to provide you with a replacement date by the end of this weekâ. He did not.â
They said they were then told that Trump âhas no availability whatsoever for a depositionâ before discovery is set to close on December 18 and that Trump would instead make himself available the second or third week of January.
Tobin wrote in the filing, âThose delays have flouted the co-operative spirit of discovery and precluded the BBC from obtaining the evidence necessary to robustly litigate its defence.â
The edited speech appeared in a BBC show shortly before the 2024 presidential election, which Trump won.
A leaked internal BBC memo cited the âedits as evidence of potential political bias, sparking a public relations crisis for the UK broadcaster.
-with Reuters and PA








