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Trump Ordered to Give Evidence Under Oath in $10 Billion BBC Lawsuit
President Donald Trump has been ordered to answer questions under oath by 11th December in his $10 billion defamation action against the BBC, after the broadcaster complained that the American president was delaying evidence-gathering.
US Magistrate Judge Enjoliqué Lett issued the order at a hearing in Miami on Thursday, 22nd October. The judge warned that non-compliance could result in sanctions, potentially including the dismissal of the lawsuit, unless the discovery schedule is formally extended.
The dispute concerns a BBC documentary that edited together passages of a speech Trump delivered on 6th January 2021, ahead of the assault on the US Capitol. The broadcaster acknowledged that the presentation created a misleading impression of continuity but disputes Trump’s claim that it is legally liable for defamation.
Trump’s lawyers cancelled an earlier deposition scheduled for 16 October, citing presidential responsibilities. The BBC’s legal representatives challenged the delay, maintaining that the plaintiff’s testimony is essential to assessing the allegations and the damages sought.
The developments are detailed in the latest reporting and official material, against the background of EU Today’s earlier coverage.
A dispute over the editing
The broadcaster faces questions about its editorial judgment, but the court must separately decide whether the legal elements of the president’s claim are established. A misleading edit does not automatically determine the outcome of a defamation case, particularly where questions of publication, harm and applicable American law are disputed.
The amount sought, $10 billion, is a claim made by Trump’s side and not a judicial assessment of damage. Evidence-gathering may examine the effect of the programme, how it was distributed and whether it caused measurable reputational or economic harm.
The BBC has already apologised for the edit. It is contesting legal liability, leaving the litigation centred on both the programme’s presentation and the extent of any injury attributable to it.
What the judge ordered
The court permitted a video recording of the deposition, restricted to use by legal representatives. It also ordered production of figures relating to membership applications and fees at Trump’s Mar-a-Lago club, material the BBC believes could help it evaluate the claim for damages.
Lawyers have also disputed whether former special counsel Jack Smith should testify. The Justice Department must consider authorisation for that testimony, adding a further procedural complication.
The discovery period is currently due to close on 18 December. The judge’s intervention therefore leaves little time for the parties to complete outstanding exchanges if the existing timetable remains unchanged.
Wider implications
The case places the conduct of a British public-service broadcaster before an American court at a moment of intense political scrutiny of news organisations. Its outcome may influence the BBC’s legal costs and editorial procedures, although any broader precedent will depend on the issues eventually decided.
Trump’s position as a sitting president creates scheduling difficulties, but it does not remove the usual evidential obligations assumed by a person bringing civil proceedings. The immediate question is whether he will comply with the December deadline or seek further relief from the court.
Neither the deposition order nor the BBC’s apology resolves the merits of the lawsuit. Those questions remain for later proceedings.
