US Judge Orders Trump to Sit For Sworn Deposition in $10B BBC Defamation Lawsuit

A US magistrate judge has ordered President Donald Trump to sit for a sworn deposition by December 11th in his $10 billion defamation lawsuit against the BBC, warning that failure to comply could result in court sanctions or the dismissal of his case.

The ruling by US Magistrate Judge Enjoliqué Lett in Miami comes after attorneys representing the British broadcaster accused the president of intentionally delaying proceedings during the pre-trial discovery phase, which is scheduled to conclude on December 18th. Trump had canceled a previously scheduled October 16th interview under oath, citing "matters of national importance," though BBC counsel noted he attended a campaign rally in Dalton, Georgia, and a fundraiser at Mar-a-Lago on that date.

Addressing the court on Thursday, BBC attorney Charles Tobin argued "we still haven’t been able to depose the plaintiff."

While Trump's legal team proposed shifting the deposition to mid-January, Judge Lett established the December 11th deadline, noting that sanctions including potential dismissal remain on the table unless the presiding judge extends the overall discovery timeline.

Trump initiated the lawsuit last December over the 2024 Panorama documentary Trump: A Second Chance?, which aired shortly before the U.S. presidential election. The filing alleges the program was a "brazen attempt" to interfere in the election and caused "massive economic damage to his brand value" by falsely portraying him as a "violent insurrectionist".

The BBC apologized for the editing error, acknowledging that filmmakers spliced together two distinct sections of Trump's January 6th, 2021 speech to give the impression he directly urged violent action in an error that led to the resignations of the director-general and top news executive. However, the broadcaster denies committing defamation, arguing that the program was not broadcast in the United States and does not meet legal standards for liability.

Trump's lawyers previously withdrew claims against commercial arm BBC Studios after acknowledging no evidence showed the documentary aired domestically on BritBox or BBC Select, though they maintain it was accessible via VPNs and distributed by third-party licensors in North America.

The hearing also tackled broader evidence gathering and witness subpoenas ahead of trial:

• Subpoena of Jack Smith: The BBC subpoenaed former special counsel Jack Smith, citing his extensive knowledge of the events of January 6th. Trump's attorney, Alejandro Brito, opposed the move, asserting Smith lacks personal knowledge of Trump's state of mind. Assistant U.S. Attorney Matthew Feeley noted federal rules require Department of Justice authorization before former employees can testify. Judge Lett ordered the Justice Department to formally respond to Smith's permission request by November 2nd.
• Mar-a-Lago Financial Records: To evaluate claims regarding brand damage, Judge Lett ruled the BBC can access membership records for Trump's Mar-a-Lago resort from January 6th, 2020, through January 6th, 2026, including initiation fees and applicant numbers. Tobin characterized the private club as "a place where he exhibits his reputation in front of people who are important to him."
• Video Recording Rules: The judge rejected defense requests to limit the deposition to a written court reporter, allowing a video recording provided it remains strictly for attorney use and is not released to the public.

If discovery is not extended past the December 18th deadline, Trump's deposition must take place within the next several weeks.