Judge orders Trump to sit for deposition by Dec. 11 in $10 billion BBC lawsuit

A federal magistrate judge in Miami ordered President Donald Trump on Thursday, Oct. 22, to sit for a deposition in his $10 billion defamation lawsuit against the BBC. The deadline is Dec. 11.

U.S. Magistrate Judge Enjoliqué Lett said Trump faces sanctions if he does not comply, up to and including dismissal of the case. The only exception is an extension of the discovery period past its scheduled Dec. 18 end.

How the Oct. 16 deposition fell through

Trump had been scheduled to be deposed on Oct. 16. His lawyers canceled, citing "matters of national importance." In a filing, they listed the conflict in Iran, unrest elsewhere in the Middle East, the Russia-Ukraine war and the White House accord on superintelligence.

BBC lawyer Charles Tobin told the court Trump was campaigning in Georgia that day. Trump held a midterm rally in Dalton and a fundraiser at Mar-a-Lago.

"He was participating in party politics and prioritized that over sitting for the deposition," Tobin said. With two months left in discovery, he added, the BBC "still hasn't been able to depose the plaintiff."

The BBC says it has offered to take the deposition wherever Trump chooses and to follow any Secret Service security protocols, according to court documents.

Trump's side: a sitting president is not an ordinary witness

Trump's lawyers say the BBC is "wrong to claim that President Trump is avoiding his deposition." In a Wednesday filing, they argued the BBC wants the court "to wrongly treat the President as any other deponent" and to ignore considerations the Supreme Court "has twice said must 'inform the conduct of the entire proceeding.'"

They proposed a window of Jan. 11 to Jan. 22, 2027, with a specific date to be confirmed as it approached and a setting the Secret Service can secure. They cited the "singular nature of his role in our system of government" and "the complexity of his schedule."

They also said Trump could not be videotaped while testifying. The BBC called that demand "unexplained, unjustified and untimely."

A Trump legal spokesperson said the BBC "defamed President Trump by intentionally, maliciously and deceptively doctoring his speech." The spokesperson called the suit a way of holding the BBC "accountable for its defamation and reckless election interference." The BBC declined to comment on the ruling.

What the lawsuit is about

Trump sued in Florida federal court last December. He alleges defamation and deceptive and unfair trade practices over "Trump: A Second Chance," a Panorama documentary aired shortly before the 2024 election.

The program spliced together two separate parts of his Jan. 6, 2021 speech. As aired, it showed him saying: "We're going to walk down to the Capitol. And I'll be there with you. And we fight, we fight like hell."

In the actual speech, the walk-to-the-Capitol line was followed by remarks about cheering on senators and congressmen. The "fight like hell" line came about 54 minutes later, in the context of election integrity.

The BBC has admitted the edit gave "the mistaken impression that President Trump made a direct call for violent action." It apologized. The head of the BBC and its top news executive both resigned after a leaked internal memo, first revealed by The Telegraph, flagged the edit as potential political bias.

The BBC still denies liability. It has asked the court to dismiss the case, arguing the program does not meet the legal test for defamation and was not available in the United States.

Jurisdiction and discovery fights

In July, Trump's lawyers conceded they had no evidence the documentary was available in the U.S. through BritBox, the BBC website, BBC Select or U.S. broadcasters. That was a reversal from their original claim. Trump later agreed to drop the suit against BBC Studios.

Discovery has been contentious on both sides. The BBC has accused Trump and his lawyers of dragging their feet on document requests. It is also seeking financial records from Mar-a-Lago and Trump's web of business entities, arguing it needs them to defend against his damages claims. Trump's lawyers call those requests too broad and irrelevant.

The Jack Smith subpoena

The same hearing took up whether former special counsel Jack Smith should be deposed. The BBC subpoenaed him earlier this month. Trump opposes it.

Trump's lawyers argued in a joint filing that "Smith lacks any personal knowledge regarding the issues in this matter." They said he was not at the speech, did not help prepare it, and cannot speak to Trump's state of mind. They also said his testimony would be duplicative because his Jan. 6 report and many hours of testimony are public.

The BBC countered that it is "difficult to imagine a more authoritative source on these issues" than Smith, who investigated the events for years.

What comes next

The deposition fight is one of several Trump has had with news organizations. He is also suing The Wall Street Journal for $10 billion, refiled in May, and The New York Times and Penguin Random House for $15 billion.

For now, the calendar is fixed. Trump must sit by Dec. 11, a full month before the January window his lawyers proposed. Discovery closes Dec. 18 unless the court extends it, and an extension is the only thing that moves the order.

The Smith dispute is still on the table, and so is the BBC's demand for Mar-a-Lago financial records.