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Trump Must Sit for Deposition in BBC Defamation Suit by Dec. 11, Judge Rules

A federal magistrate in Miami warned the president could face penalties, including dismissal of his $10 billion lawsuit, after his lawyers cancelled the Oct. 16 session.

Trump Must Sit for Deposition in BBC Defamation Suit by Dec. 11, Judge Rules
Image via CBS News

A federal judge said Thursday that President Trump must sit for a deposition with lawyers for the BBC by Dec. 11 as part of his defamation lawsuit against the British broadcaster, warning that he could face penalties, including dismissal of the case, if he does not.

U.S. Magistrate Judge Enjolique Lett set the deadline during a hearing in Miami, according to the Associated Press. The order stands unless the period for the two sides to collect information in the case is extended. Trump was supposed to be questioned on Oct. 16, but his lawyers told the BBC late last month that he would no longer be available "due to other matters of national importance." The BBC told the court that on the day of the scheduled deposition, Trump spoke at a rally in Georgia alongside Republican candidates for Senate and governor, then traveled to Mar-a-Lago for a Republican National Committee event. Trump has said he would be available in the second or third week of January.

A spokesman for the president's legal team did not address the judge's demand, saying only that the "powerhouse lawsuit is holding the BBC accountable for its defamation and reckless election interference."

Trump filed the $10 billion suit in December over a documentary that stitched together portions of his Jan. 6, 2021, speech outside the White House. The film aired in October 2024, weeks before the presidential election. Trump alleges it misled viewers and falsely depicted his remarks to supporters, who afterward marched to the U.S. Capitol and breached the building. The BBC said in November 2025 that it "sincerely regrets" how the clip was edited and apologized, but it disputes that there is any basis for a defamation claim.

Discovery began in February and is scheduled to end Dec. 18. BBC lawyers said in a filing that nearly eight months in, they have not spoken with Trump and have no schedule to question him. They called him "the most central figure in this case" and argued that a plaintiff's unwillingness to sit for a deposition "can be perilous to his claim."

The hearing also covered the BBC's subpoena for deposition testimony from Jack Smith, the former special counsel who brought the 2023 criminal case against Trump over efforts to subvert the transfer of power after the 2020 election; those charges were dismissed after Trump won a second term. The BBC says Smith could shed light on whether Trump knew his Jan. 6 remarks could lead to violence, and Smith does not object to the subpoena. Trump's lawyers say Smith has no personal knowledge of the speech or the president's state of mind and that his testimony would duplicate his final report and two appearances before Congress. The BBC is also seeking Mar-a-Lago documents on membership and initiation fees, which Trump's lawyers say serve no legitimate purpose.

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