Donald Trump has been ordered to testify under oath by December 11 in the $10 billion defamation lawsuit he filed against the BBC, with a federal judge warning that failure to cooperate could cost him the entire case.
The latest development in the Trump BBC lawsuit came Thursday, October 22, when U.S. Magistrate Judge Enjoliqué Lett set a firm deadline following complaints that Trump had repeatedly delayed his deposition. According to the Associated Press, attorneys representing the British broadcaster told the Miami court they had been unable to question Trump despite months of attempts to arrange his testimony.
BBC attorney Charles Tobin expressed frustration with the delays, telling the judge that “we still haven’t been able to depose the plaintiff.”
The dispute centers on a deposition originally scheduled for October 16. Attorneys for Trump canceled that appearance, citing a “matter of national importance.” However, Tobin argued that Trump spent the day campaigning in Georgia rather than attending to an urgent government obligation.
“He was participating in party politics and prioritized that over sitting for the deposition,” Tobin said.
Judge Lett responded by ordering Trump to complete his deposition no later than December 11. According to the Associated Press, she warned that continued noncompliance could result in sanctions, including dismissal of the lawsuit, unless the court extends the existing discovery schedule.
The discovery deadline currently falls on December 18, leaving attorneys just one week between Trump’s required testimony and the scheduled conclusion of evidence gathering.
During discovery, opposing attorneys can request documents, question witnesses under oath, and obtain information relevant to their claims and defenses. Because Trump personally initiated the lawsuit, BBC attorneys argue that questioning him is essential to understanding the allegations he wants the court to consider.
The judge explained that changes to the broader case schedule must be approved by the presiding judge. BBC attorneys indicated they would consider a later deposition if the discovery and trial schedules were officially extended.
The Trump BBC lawsuit dates back to December 2025, when Trump sued the publicly funded broadcaster over its documentary, “Trump: A Second Chance.” He accused the organization of defamation and deceptive and unfair trade practices, seeking $10 billion in damages.
The documentary controversy involves footage from Trump’s January 6, 2021, speech in Washington, delivered before his supporters stormed the U.S. Capitol.
According to BBC reporting, producers combined statements from separate portions of Trump’s speech, delivered nearly an hour apart, creating the impression that he had directly encouraged supporters to engage in violent action.
The broadcaster subsequently acknowledged that the editing created a misleading impression and apologized. The controversy also preceded the resignations of BBC director general Tim Davie and news chief Deborah Turness.
Despite acknowledging the editing mistake, the BBC has rejected Trump’s allegations that the documentary legally defamed him. The broadcaster has also challenged the lawsuit on jurisdictional grounds, arguing that the disputed program was not broadcast or made available through its platforms in the United States.
Those competing positions remain central to the Trump BBC lawsuit, which now involves disagreements over what evidence the broadcaster should be permitted to collect.
According to The Guardian’s reporting from Thursday’s hearing, Judge Lett also rejected an effort by Trump’s legal team to prevent his deposition from being recorded on video. The questioning is expected to last seven hours, although access to the recording will be restricted to attorneys involved in the case.
The judge additionally raised concerns about the documents produced by Trump’s legal team. The Guardian reported that she gave his attorneys 30 days to provide relevant materials after questioning whether they had conducted a sufficient search for responsive records.
Another major disagreement involves former special counsel Jack Smith, whom the BBC subpoenaed earlier in October as part of its defense.
Smith previously investigated Trump’s actions surrounding January 6, and BBC attorneys believe his findings and knowledge could help address disputed issues in the lawsuit.
Trump’s lawyers disagree and have challenged the effort to obtain Smith’s testimony.
“Smith lacks any personal knowledge regarding the issues in this matter,” Trump’s attorneys argued in a joint court filing. “He was not present when President Trump’s January 6, 2021, speech … was made, nor did he participate in its preparation. Smith does not have any personal knowledge regarding President Trump’s state of mind at the time the Speech was given.”
The legal team further contended that “Smith’s testimony would be duplicative,” pointing to his previous investigative report and extensive testimony about January 6.
“The entirety of his testimony is publicly available,” Trump’s attorneys argued.
BBC lawyers rejected that reasoning, emphasizing the depth of Smith’s investigation and the evidence his team collected while examining events surrounding the Capitol attack.
“It is difficult to imagine a more authoritative source on these issues than Mr. Smith, who spent years gathering evidence on those topics with the force of the Justice Department and the power of the grand jury behind him,” the BBC’s lawyers argued.
The broadcaster also maintains that Trump cannot pursue substantial financial damages while preventing its attorneys from accessing evidence necessary to defend against his accusations.
“No one forced Plaintiff to file this lawsuit and to dispute that his speech on January 6 incited the violence that followed at the Capitol. But as long as he chooses to maintain the case, he cannot commit the fundamental injustice of preventing the BBC from obtaining the evidence it needs to robustly defend itself on every element of his claim.”
The filing has also faced procedural challenges beyond the deposition fight. According to the BBC, Trump dropped claims against two BBC Studios companies in July while continuing his lawsuit against the British Broadcasting Corporation itself.
Although the broadcaster has apologized for the documentary edit, neither that apology nor the executive resignations establish legal liability for defamation. The underlying claims remain contested.
