Judge Orders Trump to Sit for Deposition in BBC Defamation Suit

A federal magistrate judge in Miami ordered President Donald Trump on Thursday to sit for a deposition by Dec. 11 in his $10 billion defamation lawsuit against the BBC, according to NBC News and The Guardian. The judge warned that failing to comply could bring sanctions, including possible dismissal of the case.

The ruling means the president will have to answer the broadcaster's lawyers under oath well before the Dec. 18 close of discovery, rather than in January, as his legal team had proposed.

What the judge decided

Magistrate Judge Enjoliqué Lett handled a hearing on several discovery disputes. NBC News reported that she acted after BBC lawyers complained that Trump was stalling. He had been due to testify on Oct. 16 but canceled, citing matters of national importance.

The Guardian reported that the deposition may be videotaped and may last seven hours. Lett rejected a request from Trump's lawyers to bar the recording, though the video will be available only to attorneys in the case, the paper said.

According to NBC News, Lett agreed that the date could move if the district judge overseeing the case, Jeffrey Kuntz, extends the discovery deadline. She said only he has that power. The Guardian reported that BBC attorney Charles Tobin said the broadcaster would accept a later date if Kuntz changed the schedule.

The Guardian also reported that Lett gave Trump's side 30 days to produce relevant documents. It said she told them it was the last chance to take part meaningfully in discovery.

What the BBC says

The BBC argues that Trump is the central witness because he claims billions of dollars in damages, NBC News reported. According to ABC News, the broadcaster's lawyers say they first asked for deposition dates in July and later agreed on Oct. 16. They say Trump's team then backed out and said he would not be available until the second or third week of January.

Tobin told the court that the stated reason for the cancellation was not accurate. NBC News reported that he said Trump instead attended a political rally and a fundraiser. The Guardian reported that the BBC said Trump was campaigning in Georgia that day.

The BBC also contends that Trump's team has produced little of substance. Tobin said the production had been lopsided, according to The Guardian, which reported that the documents turned over were mostly taken from the internet or supplied by the BBC itself. Lett said she was not satisfied that anyone was doing a thorough job.

What Trump's side says

Trump's attorney, Alejandro Brito, argued against videotaping the deposition and against a BBC subpoena to Trump's Mar-a-Lago club, according to NBC News. He said Trump is not claiming the documentary hurt the club's business. The Guardian reported that Brito also said the president's occupation has nothing to do with the club and that Trump handles many things the BBC's lawyers know nothing about.

In a statement to NBC News, a spokesman for Trump's personal legal team called the lawsuit powerful and said it holds the BBC accountable for defamation and election interference.

The Mar-a-Lago and Jack Smith disputes

Lett allowed the Mar-a-Lago subpoena to go ahead. NBC News reported that the BBC wants information on whether membership applications and fees were affected by the documentary. Tobin noted that Trump's complaint says the program injured him in his profession and trade. Lett agreed the information falls within the scope of what can be sought, and The Guardian reported she tied the club to his professional reputation for discovery purposes.

A separate fight over a BBC subpoena to former special counsel Jack Smith remains open. ABC News reported that Trump's lawyers say Smith has no personal knowledge of the speech or of Trump's state of mind, and that his testimony would repeat his published report and earlier testimony. NBC News reported that Brito also said Smith's information is secondhand and that he would need Justice Department permission to testify. The BBC told the court there is hardly a more authoritative source on the events of Jan. 6, 2021. Lett asked for more information and will rule later, NBC News said.

Why it matters

The case tests how far a sitting president must go to take part in a civil lawsuit he started himself. The judge's order sets a firm date for Trump's testimony and ties it to the possibility of dismissal. A refusal could end a case in which he seeks $10 billion.

The lawsuit grows out of a documentary, "Trump: A Second Chance," that spliced together parts of his Jan. 6, 2021, speech. According to ABC News, the BBC acknowledged the editing and apologized, and its head and top news executive resigned, but it denies defaming him. NBC News reported that the BBC says Trump suffered no damages and that the program never aired in the U.S.

What happens next

Trump's deposition is due by Dec. 11, and discovery is scheduled to close Dec. 18. Kuntz could change that timeline. Lett has yet to rule on the Smith subpoena.

Around Prague, based on reporting by ABC News, NBC News, The Guardian