Judge in BBC Defamation Suit Threatens Trump Over ‘Lack of Participation’ in Discovery Process

A federal judge is threatening to impose penalties on President Trump after he backed out of a deposition in connection with his defamation lawsuit against the British Broadcasting Corporation and said he will not be available until next year.Mr. Trump was originally set to be deposed on Friday. But last month, attorneys for the president said he is “no longer available for his deposition on October 16 due to other matters of national importance.” The BBC asked the court overseeing the case to order the president to sit for the deposition.On Friday, a federal magistrate judge, Enjolique Lett, scolded Mr. Trump, writing in a brief order that the BBC has so far filed five motions unilaterally because of Mr. Trump’s “disregard” of an instruction, cited as the court’s “29 Order,” that such motions should be filed jointly.“The Court has admonished Plaintiff for his lack of participation to no avail. Going forward, the Court expects strict compliance with its 29 Order, the failure of which will lead to sanctions,” Judge Lett said. Mr. Trump sued the BBC for $10 billion last December over its editing of his speech to supporters ahead of the January 6, 2021, assault on the Capitol. In a documentary that aired ahead of the 2024 election, the program spliced together his words in a way that left out his call for supporters to march “peacefully and patriotically” to the U.S. Capitol.Mr. Trump alleges that the omission made his comments appear to be a clear call to violence, damaging his “brand, properties, and businesses.” However, the president narrowed his lawsuit after the BBC sought to obtain documents that would disclose financial information about his businesses. The BBC has apologized for the editing but insists it did not defame the president and has sought to have the case dismissed, arguing the federal court where Mr. Trump filed the lawsuit lacks jurisdiction. The network has also pointed out the documentary did not air in America.The BBC has made repeated requests for documentation that might shed light on the motivation for Mr. Trump’s January 6 speech, including phone records and private diary entries. The network also wants to depose members of his inner circle such as his children and aides, arguing that they have “personal knowledge” of the president’s “intention” behind his speech. Attorneys for the BBC say that establishing the president’s true intentions for his speech will be crucial in determining whether the editing of its documentary meaningfully altered his comments. The network says it has been unsuccessful in its attempts to serve members of the Trump family with subpoenas because of their Secret Service protection; earlier this month, the court said the BBC could serve Trump family members through other means such as sending a certified letter. Attorneys for Mr. Trump have pushed back on the BBC’s attempts to depose his family members and other aides, arguing that the network is trying to “harass him, his family, and supporters by abusing the deposition process.”Last month, the court rejected the BBC’s request to depose a former White House aide, Cassidy Hutchinson. Attorneys for the BBC subpoenaed Ms. Hutchinson, who had shared a dramatic account of Mr. Trump’s actions on the day of the riot, with the hope that she could raise doubts about the president’s claim of irreproachability. Ms. Hutchinson filed a motion to quash the subpoena, saying that the deposition would pose an “undue burden, and would subject her to oppression and harassment.” The court agreed, noting that Ms. Hutchinson had already provided more than 30 hours of testimony to the House committee, and saying that testimony is available to the lawyers.

Judge in BBC Defamation Suit Threatens Trump Over ‘Lack of Participation’ in Discovery Process

Judge in BBC Defamation Suit Threatens Trump Over ‘Lack of Participation’ in Discovery Process

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