defamation

Oct. 22, 2026 8:59 AM PT

MIAMI — A federal judge on Thursday ordered President Trump to sit for a deposition in his $10-billion defamation lawsuit against the BBC by Dec. 11.

The order from U.S. Magistrate Judge Enjoliqué Lett came as the BBC’s lawyers complained that Trump had delayed his appearance. Attorney Charles Tobin said that with two months left in the discovery period, “we still haven’t been able to depose the plaintiff.”

He noted there was an agreed-upon date of Oct. 16, but that the Republican president canceled it for a “matter of national importance.” Tobin said Trump was in fact campaigning in Georgia that day.

“He was participating in party politics and prioritized that over sitting for the deposition,” Tobin said.

Lett said Trump must sit for a deposition by Dec. 11, or face sanctions up to dismissal of his lawsuit — unless the discovery period was extended past Dec. 18.

The BBC asked the judge last week to compel Trump to appear. The British broadcaster says Trump is trying to delay his appearance until January 2027. The judge has threatened sanctions if Trump fails to comply with the court’s schedule.

Trump, who has often avoided depositions, filed his lawsuit against the BBC last December, seeking $10 billion in damages. He accused the publicly funded broadcaster of defamation as well as deceptive and unfair trade practices related to a documentary, “Trump: A Second Chance.”

The BBC acknowledged that filmmakers spliced together quotes from different sections of the speech Trump delivered to his supporters on Jan. 6, 2021, before the storming of the U.S. Capitol, to make it seem he was directly urging violence. The broadcaster apologized over the editing, and the head of the BBC and its top news executive both resigned. The BBC has denied Trump’s claims that it defamed him.

Trump’s lawyers say Jack Smith ‘lacks personal knowledge’ of issues in the case

To bolster its defense, the broadcaster subpoenaed former special counsel Jack Smith earlier this month. Trump’s lawyers argued, in a joint filing asking for a hearing on the matter, that there was no good reason for Smith, who is not a party to the case, to appear.

“Smith lacks any personal knowledge regarding the issues in this matter,” they argued in the filing. “He was not present when President Trump’s January 6, 2021, speech … was made, nor did he participate in its preparation. Smith does not have any personal knowledge regarding President Trump’s state of mind at the time the Speech was given.”

Trump’s side also argued that “Smith’s testimony would be duplicative,” because he published a lengthy report on the events of Jan. 6 and also testified for many hours. “The entirety of his testimony is publicly available,” it argued.

The BBC countered, in the same filing, that there were few more knowledgeable sources about the events of Jan. 6 than Smith, who studied and investigated them for years.

“It is difficult to imagine a more authoritative source on these issues than Mr. Smith, who spent years gathering evidence on those topics with the force of the Justice Department and the power of the grand jury behind him,” the BBC’s lawyers argued.

“No one forced Plaintiff to file this lawsuit and to dispute that his speech on January 6 incited the violence that followed at the Capitol. But as long as he chooses to maintain the case, he cannot commit the fundamental injustice of preventing the BBC from obtaining the evidence it needs to robustly defend itself on every element of his claim…”

When will Trump sit for a deposition?

In a filing Oct. 13, the BBC’s lawyers said they first requested dates for a deposition in July, and followed up repeatedly, with both sides eventually agreeing on Oct. 16.

After weeks of silence, they wrote, “Plaintiff’s counsel responded on September 28, 2026, indicating that ‘the President is no longer available for his deposition on October 16 due to other matters of national importance’ and that counsel would ‘endeavor to provide you with a replacement date by the end of this week.’ He did not.”

They said they were then told that Trump “has no availability whatsoever for a deposition” before discovery is set to close on Dec. 18, and that Trump would instead make himself available the second or third week of January.

Tobin wrote in the filing, “Those delays have flouted the cooperative spirit of discovery and precluded the BBC from obtaining the evidence necessary to robustly litigate its defense.”

Fischer and Noveck write for the Associated Press. Noveck reported from New York.

The former head of Israel’s domestic security agency Shin Bet has sued Prime Minister Benjamin Netanyahu for defamation over claims of his responsibility in the October 7, 2023 Hamas-led attack.

Coming just before Israel’s close-fought October 27 election in which Netanyahu is fighting for his political life, the case filed on Wednesday is set to ramp up the country’s political drama.

Ronen Bar, the former director of Shin Bet, accused Netanyahu of “lying to cover himself” and said it was slanderous of the prime minister to have accused him of “criminal failures” over the attack, in a 134-page court document.

Bar said he telephoned the prime minister’s military secretary as soon as signs of a possible attack became apparent, but that he did not have Netanyahu’s direct number.

Netanyahu has said he was not alerted by Bar on the morning of the Hamas-led assault, insisting that he could have stopped the attack had the Shin Bet’s then-director or military leaders called to wake him up the day of the early-morning attack.

Bar’s lawsuit says Netanyahu made accusations “that he knew to be false, with the aim of diverting the debate from his own responsibility for the events of October 7”.

Instead, it was Netanyahu’s policies over several years that had “increased the dangers posed by terrorist organisations in Gaza”, it said.

Likud response

On Wednesday, Netanyahu responded to Bar’s accusations in a statement issued by his Likud party saying, “Ronen, are you serious?”

“You had my number on the red line and could have called me immediately, as all security chiefs do,” Netanyahu asked, adding, “How many lives could we have saved if only you had called in time?”

Bar resigned as head of Shin Bet in June 2025 amid recriminations over the deadliest attack in Israel’s history, while insisting he had informed Netanyahu of the threat in advance.

He is seeking three million shekels (about $968,500) in damages from Netanyahu.

Warnings, lies, manipulation

The allegations in Bar’s lawsuit come days after Netanyahu’s former military secretary, Avi Gil, told Israel’s Channel 12 that the prime minister’s office had “falsified records related to October 7, 2023”, including altering the recorded time of a key phone call.

Gil, who served as Netanyahu’s military secretary from July 2021 to May 2024, said a stenographer in the prime minister’s office approached him in January 2024 with instructions from Netanyahu’s chief of staff to change the time of a four-minute call from 6:40am local time (03:40GMT) to 6:29am (03:29 GMT).

“She told me, I’m not allowed to change it,” said Gil, accusing the head of Netanyahu’s office of manipulating telephone records, adding, “Those are facts, and there is no dispute about them.”

Last month, the Wall Street Journal reported that Netanyahu had been warned of the attack by Egypt’s intelligence chief, Abbas Kamel.

In a rare move, Kamel reportedly phoned the prime minister just days before the attack, underscoring previous warnings in September 2023, when he is said to have flown to Israel to warn security officials in person that Hamas was planning an attack.

Polls show Netanyahu is in a tight race to stay in power in the October 27 election, after being hammered by former staff and government officials as well as the opposition for failing to prevent the bloodshed.

At least 1,221 Israelis were killed on October 7, 2023, after Hamas broke through the fence separating Israel and Gaza, according to Israeli official figures.

Also, 251 Israelis were taken captive, including the bodies of 44 Israelis killed that day.

In the three years since, Israel has killed more than 74,300 people in Gaza, according to the Health Ministry in the enclave.

More than 1,400 Palestinians in Gaza have been killed in Israeli attacks since a tentative “ceasefire” backed by the US was reached last year.