Judge orders Trump to sit for deposition by Dec. 11 in $10 billion BBC lawsuit
In short
U.S. Magistrate Judge Enjoliqué Lett ordered President Donald Trump to sit for a deposition by Dec. 11 in his $10 billion defamation lawsuit against the BBC. She said he could face sanctions, up to dismissal of the suit, if he does not. The order followed BBC complaints that Trump had delayed his appearance after cancelling an Oct. 16 deposition.
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A federal judge ordered President Donald Trump on Thursday to sit for a deposition by Dec. 11 in his $10 billion defamation lawsuit against the BBC. U.S. Magistrate Judge Enjoliqué Lett set the deadline at a hearing in Miami. The order came as the BBC's lawyers complained that Trump had delayed his appearance. NBC News and the Guardian reported that failing to comply could bring sanctions, up to dismissal of the lawsuit. [ 5 , 6 , 7 , 8 , 14 , 16 ]
Trump had been due to sit for a deposition on Oct. 16, but his lawyers cancelled it, citing a matter of national importance. BBC attorney Charles Tobin told the court that 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. CBS News reported, citing the BBC, that Trump spoke at a rally in Georgia and then attended an event for the Republican National Committee at Mar-a-Lago. [ 7 , 10 , 14 , 16 ]
Trump's attorneys had proposed postponing the deposition until late January, which Tobin said was too late. CBS News reported, citing the BBC, that the president said he would be available in the second or third week of January. Newsweek reported a day earlier that his lawyers said he would be available from Jan. 11 to 22. Discovery is scheduled to close on Dec. 18, and Tobin described Trump as the most important witness in the case. [ 1 , 7 , 14 , 16 ]
Lett ruled that the deposition can be videotaped, rejecting a request from Trump's side that was argued by his attorney Alejandro Brito. The Guardian reported that the deposition is set at seven hours and that the recording will be accessible only to attorneys in the case. Lett agreed the date could be pushed back if the district judge overseeing the case extends the discovery deadline, but said only that judge, Jeffrey Kuntz, can do so. CNN reported that she and both parties said a later date was a likely possibility. [ 7 , 8 , 15 , 16 ]
The hearing also dealt with document requests. The Guardian reported that Lett agreed with the BBC that Trump's team had not been sufficiently forthcoming, and that documents they handed over were primarily pulled from the internet or provided by the BBC. "It strains credulity that a thorough search has been done," Lett told Brito, according to the Guardian. CNN reported she also backed a BBC subpoena for Mar-a-Lago membership records. [ 8 , 15 ]
A spokesman for Trump's personal legal team said in a statement that "President Trump's powerhouse lawsuit is holding the BBC accountable for its defamation and reckless election interference." The BBC declined to comment to NBC News and told CNBC it had nothing to add. Trump sued the BBC in December over the Panorama documentary "Trump: A Second Chance," which spliced together parts of his Jan. 6, 2021 speech. The Guardian and PBS NewsHour reported that the BBC has acknowledged the edit was misleading. [ 7 , 8 , 10 , 14 , 16 ]
Why it matters
The order is expected to make Trump answer questions under oath in a case he began, according to Axios. Outlets also report the judge warned that his team's handling of document requests could put the lawsuit at risk.
Key facts
- A federal magistrate judge, Enjoliqué Lett, ordered Trump to sit for a deposition by Dec. 11 in his $10 billion defamation lawsuit against the BBC. [ 5 , 6 , 7 , 8 , 9 , 14 , 16 ]
- Lett said Trump faces sanctions, up to dismissal of the lawsuit, if he does not sit for the deposition, unless the discovery period is extended past Dec. 18. [ 7 , 8 , 14 , 16 ]
- Trump's deposition had been set for Oct. 16, but his lawyers cancelled it, citing a matter or matters of national importance. [ 7 , 10 , 14 , 16 ]
- BBC attorney Charles Tobin told the court that Trump was campaigning in Georgia on Oct. 16. [ 10 , 14 , 16 ]
- Lett rejected Trump's request to prevent the deposition from being videotaped; the Guardian and CNN reported that only attorneys in the case may see the recording. [ 7 , 8 , 15 ]
- Discovery in the case is scheduled to end Dec. 18. [ 7 , 8 , 16 ]
Confirmed by several sources
- A federal magistrate judge, Enjoliqué Lett, ordered Trump on Thursday to sit for a deposition by Dec. 11 in his $10 billion defamation lawsuit against the BBC. [ 5 , 6 , 7 , 8 , 9 , 14 , 16 ]
- The order came after the BBC's lawyers complained that Trump had delayed his appearance. [ 6 , 7 , 16 ]
- Failing to sit for the deposition could lead to sanctions, up to dismissal of the lawsuit. [ 7 , 8 , 14 , 16 ]
- Lett ruled that the deposition may be videotaped, rejecting Trump's request to prevent it. [ 7 , 8 , 15 ]
- The BBC's lawyer said Trump was campaigning in Georgia on Oct. 16, the date of the cancelled deposition. [ 10 , 14 , 16 ]
- Discovery is scheduled to close on Dec. 18, and only the district judge overseeing the case can extend it. [ 7 , 16 ]
Still unclear
- Whether the Dec. 11 date will hold. Documents say the date could be pushed back if the presiding district judge extends the discovery period; CNN reported the judge and both parties said a later date was a likely possibility.
- Whether Trump will be available in January instead. Newsweek reported that his lawyers said he would be available Jan. 11-22 as long as the deposition is not recorded; NBC News reported his lawyers proposed late January, which Tobin said was too late; the judge ordered the videotaping and a December deadline.
- Whether former special counsel Jack Smith will be deposed. The Seattle Times reported lawyers for both sides were in court arguing over whether Smith should be deposed; the documents do not give the outcome.
What local media are saying
Timeline, local time
- The Associated Press publishes a report headlined that lawyers for Trump and the BBC are battling over depositions. [ 2 ]
- Axios reports that a federal judge ordered Trump to sit for a deposition by Dec. 11. [ 5 ]
- NBC News reports the order and details of the hearing, including Tobin's account of the cancelled Oct. 16 date. [ 7 ]
- CNBC reports the BBC said it had nothing to add when contacted for comment. [ 10 ]
- CNN reports the judge backed a BBC subpoena for Mar-a-Lago membership records and rejected Trump's request to block videotaping. [ 15 ]
- The Wall Street Journal reports that Trump must sit for a deposition in the BBC lawsuit. [ 18 ]