A US magistrate judge has ordered former President Donald Trump to give sworn testimony by 11 December in his defamation lawsuit against the BBC. The case concerns a Panorama episode that combined two different parts of a speech Trump gave before the January 6, 2021 Capitol riot.
Charles Tobin, a lawyer for the BBC, told the court that the broadcaster has yet to depose Trump despite having two months left in the discovery period, the phase when both sides exchange evidence. Trump had cancelled an earlier deposition set for 16 October, citing “matters of national importance” while campaigning in Georgia.
US Magistrate Judge Enjoliqué Lett ruled that Trump must sit for the deposition by mid-December unless the discovery period is extended. The ruling came after the BBC’s attorneys asked the court to compel Trump to appear following the missed October deposition.
On the day Trump skipped the deposition, he held a midterm campaign rally in Dalton, Georgia, followed by a fundraiser at Mar-a-Lago in Florida. Trump’s lawyers subsequently filed a motion suggesting the former president could appear between 11 and 22 January next year, rejecting claims that he was avoiding the deposition.
Trump’s suit, filed in Florida, accuses the BBC of “intentionally, maliciously, and deceptively doctoring” his speech outside the Capitol. The BBC apologised for the error, saying the programme gave “the mistaken impression that President Trump made a direct call for violent action.”
The broadcaster has asked the court to dismiss the lawsuit, arguing that the programme does not meet the legal criteria for defamation and was not available in the US. In July, Trump’s legal team conceded they had no proof the documentary was accessible on the BBC’s BritBox subscription service, BBC’s website, BBC Select, or US broadcasters.
Trump also dropped his lawsuit against BBC Studios, the commercial arm of the broadcaster, after it argued it had “no role in creating or producing the documentary.”
Depositions in US law are sworn out-of-court statements recorded for use in later proceedings. They usually take place in a lawyer’s office without a judge present but carry legal weight. Both parties’ lawyers are typically present during depositions, which are transcribed by a court reporter and can be used as evidence in trials.
The case continues to test the boundaries of defamation law and media coverage of political figures.
According to Joy Online.
