Donald Trump has been ordered to give a deposition by December 11 in his 10 billion US dollar defamation lawsuit against the BBC, after the broadcaster’s lawyers complained that the US president had delayed his appearance.
Federal magistrate Judge Enjoliqué Lett issued the order on Thursday, warning that Trump could face sanctions, including the dismissal of his lawsuit, if he does not comply. The deadline may be altered only if the discovery period is extended beyond December 18.
Charles Tobin, representing the BBC, told the court that “we still haven’t been able to depose the plaintiff”, despite an agreed date of October 16. Trump cancelled that appointment, citing “a matter of national importance”.
Mr Tobin said Trump had instead been campaigning in Georgia that day. “He was participating in party politics and prioritised that over sitting for the deposition,” he said.
Trump BBC lawsuit enters key evidence stage
The discovery process, during which both sides exchange documents and other evidence, is due to close on December 18. BBC lawyers said they wanted to question Trump before that deadline.
Trump’s lawyers indicated they could accept a later deposition if the trial timetable was also moved back. Judge Lett said, however, that only the judge presiding over the case could change the trial schedule.
Trump filed the lawsuit last December over a BBC documentary, Trump: A Second Chance. He accuses the broadcaster of defamation and deceptive and unfair trade practices.
The BBC has acknowledged that the programme’s filmmakers edited together excerpts from different parts of Trump’s January 6, 2021 speech to supporters, making it appear that he had directly urged violence before the storming of the US Capitol.
The broadcaster apologised for the editing, and its director-general and top news executive resigned. It has nevertheless denied that the documentary defamed Trump.
As part of its defence, the BBC has subpoenaed former special counsel Jack Smith. Trump’s lawyers argue that Mr Smith has no personal knowledge of the speech, was not involved in its preparation and that his evidence would duplicate his publicly available report and previous testimony.
The BBC has countered that Mr Smith is among the most authoritative witnesses on the events surrounding January 6, having investigated them for years. Its lawyers said Trump could not prevent the broadcaster from obtaining evidence needed to defend itself while pursuing the case.
