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.
