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Trump must face BBC lawyers or risk losing his lawsuit

The judge also gave his team 30 days to hand over internal documents, finding they had not provided enough material.

3 min read
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BBC Broadcasting House in London. Digitally illustrated image.

TLDR

A US judge has ordered Donald Trump to sit for a deposition by 11 December in his US$10 billion defamation suit against the BBC, and warned that failing to comply could see the case dismissed. She also found Trump's team had not handed over enough documents.

Deadline set

A US federal magistrate judge has ordered President Donald Trump to sit for a deposition by 11 December in his US$10 billion defamation lawsuit against the BBC.[1] Judge Enjoliqué Lett warned that failing to comply could bring sanctions, including possible dismissal of the suit.[1]

The deposition can run for seven hours. Lett rejected a bid by Trump's lawyers to stop it being videotaped, though only lawyers in the case will see the recording.[1]

Judge criticises Trump's discovery

Lett agreed with the BBC that Trump's team had not handed over enough internal documents before the 18 December discovery deadline.[1] "The court is not satisfied that anyone is doing a thorough job," she told Trump's Florida attorney, Alejandro Brito.[1]

She gave Trump's side 30 days to produce the documents. "This is the last opportunity to do so," she said.[1]

"We still have a completely lopsided [situation] here on discovery. They have produced absolutely nothing of any substance," BBC lawyer Charles Tobin told the Miami court.[1]

A cancelled date

A deposition set for 16 October was cancelled, with Trump's counsel citing "other matters of national importance". The BBC told the court Trump was campaigning in Georgia that day.[1]

In a filing on Wednesday, Trump's team said he could sit for a deposition in the second or third week of January.[1] District Court Judge Jeffrey T Kuntz could extend the discovery timeline, and Tobin said the BBC would accept a later date if he did.[1]

What the case is about

Trump alleges the BBC defamed him in a Panorama documentary that spliced together two parts of a speech he gave on 6 January 2021, before the US Capitol riot.[2] He also alleges deceptive and unfair trade practices. The BBC denies the edit defamed him.[2]

Lett also allowed the BBC to subpoena Mar-a-Lago, Trump's Florida club, over his lawyer's objections.[1]

KEY TAKEAWAYS

01Magistrate Judge Enjoliqué Lett set an 11 December deadline for Trump's deposition.
02She warned that failing to comply could lead to sanctions, including dismissal.
03Trump's team has 30 days to hand over internal documents.
04A deposition set for 16 October was cancelled.
05Trump alleges a Panorama edit of his 6 January 2021 speech defamed him; the BBC denies it.

FREQUENTLY ASKED QUESTIONS

What is Trump's lawsuit against the BBC about?
Trump alleges a BBC Panorama documentary defamed him by splicing together two parts of his 6 January 2021 speech. He also alleges deceptive and unfair trade practices. The BBC denies the edit defamed him.
What did the judge order?
Trump must sit for a deposition of up to seven hours by 11 December, and his team must produce internal documents within 30 days, or face possible sanctions including dismissal of the suit.
Can the deadline change?
District Court Judge Jeffrey T Kuntz could extend the discovery timeline. The BBC said it would accept a later deposition date if he did.
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