A federal judge in Miami on Thursday ordered President Donald Trump to sit for a deposition in his $10 billion defamation lawsuit against the BBC by December 11, or face sanctions up to dismissal of his case.
U.S. Magistrate Judge Enjoliqué Lett issued the ruling after lawyers for the British broadcaster complained that Trump had delayed his appearance. Charles Tobin, attorney for the BBC, told the judge that with two months remaining in the discovery period, the network still had not been able to depose Trump, who is the plaintiff in his own lawsuit. Tobin noted that an agreed-upon deposition date of October 16 was canceled by Trump for what his team called "a matter of national importance." Tobin told the court that Trump was actually campaigning in Georgia that day, speaking at a rally alongside GOP candidates and attending a Republican National Committee fundraiser at his Mar-a-Lago resort in Florida. "He was participating in party politics and prioritized that over sitting for the deposition," Tobin said.
Trump's legal team had proposed postponing the deposition until late January, but Tobin argued that was too late. Discovery in the case is scheduled to close on December 18, and Tobin said Trump, as the party claiming billions of dollars in damages, is the most important witness in the case. Lett agreed, setting the December 11 deadline. The judge noted that the deposition date could be pushed back only if the presiding judge assigned to the case, Jeffrey Kuntz, extends the discovery deadline. Trump's defense team indicated openness to rescheduling if the trial schedule was also changed.
Trump filed the lawsuit against the BBC in December 2025, alleging that a documentary titled "Trump: A Second Chance" defamed him through deceptive editing and unfair trade practices. The documentary, which aired in October 2024, spliced together quotations from different sections of Trump's speech delivered to supporters on January 6, 2021, outside the White House before the Capitol riot. The BBC acknowledged in November 2025 that the editing made it appear Trump was directly urging violence, apologized for the decision, and the head of the BBC and its top news executive both resigned. However, the BBC has maintained that Trump was not defamed and has denied owing him damages.
During Thursday's hearing, Trump's attorneys also sought to prevent video recording of the deposition, asking for only a court reporter. Lett ruled that the deposition could be videotaped but only for use by attorneys, meaning it would not be released to the public.
A separate dispute arose over the BBC's subpoena for former special counsel Jack Smith, who prosecuted criminal charges against Trump related to January 6 and his efforts to overturn the 2020 election results. Those charges were dismissed after Trump's 2024 election victory. Trump's lawyers argued that Smith, who is not a party to the case, has no relevant knowledge and that his testimony would be "duplicative" of his final investigation report and congressional testimony. The BBC countered that Smith is one of the leading experts on what happened that day and could provide crucial information about Trump's state of mind when delivering his speech.
Federal rules require current and former government employees to obtain permission from their agency before testifying in court cases. Smith has requested permission from the Department of Justice but has not received a response. Lett ordered the Justice Department to respond to Smith's request by November 2. An Assistant U.S. Attorney told the judge that it seemed unlikely the department would grant permission or that Smith would proceed without it.
Trump, who has frequently avoided depositions, continues to dispute the BBC's characterization of his lawsuit. A spokesman for his legal team said, "President Trump's powerhouse lawsuit is holding the BBC accountable for its defamation and reckless election interference just as he has held other fake news mainstream media responsible for their wrongdoing." The BBC declined to comment on the judge's order.
