MIAMI (AP) — A federal judge on Thursday ordered President Donald Trump sit for a deposition in his $10 billion defamation lawsuit against BBC before December 11.
The order from U.S. Magistrate Judge Enjoliqué Lett comes as lawyers for the British broadcaster complain that Trump delayed his appearance. Charles Tobin, lawyer for the BBCsaid that with two months left in the discovery period, “we still haven’t been able to depose the plaintiff.”
He noted there had been agreement on the Oct. 16 date, but said Trump canceled it over a “matter of national importance.” Tobin said the Republican president was actually campaign in Georgia that day. “He participated in party politics and prioritized that over deposition,” Tobin said.
Lett said Trump must appear for a deposition by Dec. 11 or face sanctions up to and including dismissal of his case — unless the investigation period is extended beyond Dec. 18.
Discovery, during which lawyers for both sides exchange documents and other evidence, is scheduled to end on December 18, and the BBC’s lawyers want to make sure they have Trump’s deposition before that deadline. Lett said only the presiding judge assigned to the case can change the trial schedule, and the defense said it would be willing to schedule the deposition at a later date if the trial schedule was also shifted.
Trump, who has often avoided depositions, filed its complaint against the BBC last December. He accused the public broadcaster of defamation as well as deceptive and unfair business practices related to the documentary “Trump: A Second Chance.”
The BBC acknowledged that the filmmakers grouped together quotes from different sections of Trump’s speech to his supporters on January 6, 2021before the storming of the U.S. Capitol, to make it appear as if he was directly calling for violence. The broadcaster apologized for editingas well as the director of the BBC and its chief information officer both resigned. But the BBC has denied Trump’s claims that it defamed him.
Trump’s lawyers also objected to videotaping his deposition, requesting only a court reporter. The judge ruled that the deposition could be videotaped, but only for the lawyers, meaning it would not be made public.
It remains unclear whether Jack Smith would be allowed to sit for his deposition.
To strengthen its defense, the channel subpoenaed former special advisor Jack Smith earlier this month. Trump’s lawyers argued there was no good reason for Smith, who is not a party to the case, to appear.
After Thursday’s arguments, it was unclear whether Smith would be allowed to sit for a deposition. One of the questions raised was whether Smith had received the legally required authorization from the Justice Department. Assistant U.S. Attorney Matthew Feeley told the judge that Smith sent a letter to the department saying he would not testify without authorization, and that the agency had not yet responded. Lett ordered the department to respond to Smith by November 2.
Earlier in the hearing, Tobin, the BBC’s lawyer, told the judge that Smith did not object to his impeachment in the case, meaning the only objection came from Trump. Tobin said the BBC was not trying to revive the events of January 6, but Smith is one of the leading experts on what happened that day, and his deposition could lead the BBC to evidence that could help their case.
“We can discuss the admissibility of his testimony later,” Tobin said, “but we are entitled to this testimony.”
Trump’s lawyer, Alejandro Brito, said Smith had no personal knowledge of Trump’s Jan. 6 speech or Trump’s state of mind when he delivered it. All of Smith’s knowledge of the case is second-hand, Brito argued, and the special prosecutor’s report, as well as Smith’s testimony before Congress, are all public and available to BBC lawyers, he said.
Judge says BBC can view Mar-a-Lago members’ files
On the question of damages, the judge agreed that the BBC should be allowed to see the total number of membership applications to Trump’s headquarters. Mar-a-Lago Florida Resort from January 6, 2020 to January 6, 2026, as well as the full cost of membership and initiation fees for new applicants.
Tobin said that one aspect of any defamation case is demonstrating actual damages, and that Mar-a-Lago’s popularity is a significant indicator of Trump’s reputation. The BBC’s lawyer described the private club as “a place where he exposes his reputation in front of people who matter to him”.
Brito argued that Trump does not actually run Mar-a-Lago and that his reputation is not associated with the club.
Gn usa
