Trump Faces Unappealing Choice: Testify Under Oath on Video or Forfeit $10 Billion BBC Lawsuit

A ruling by United States Magistrate Judge Enjoliqué Lett that President Trump must either sit for a deposition by the British Broadcasting Corporation or have his $10 billion lawsuit against the network dismissed imposes a difficult decision on the president.Judge Lett’s ruling comes in response to the BBC’s argument that Mr. Trump was stalling with respect to the civil case that he brought against the Beeb in Florida. Mr. Trump contends that the network’s show “Panorama” deceptively edited remarks he made at the Ellipse on January 6, 2021. The suit was brought under the Sunshine State’s defamation statute. Mr. Trump was scheduled to be deposed on October 16, but canceled for a “matter of national importance.” The BBC’s lawyer, Charles Tobin, told Judge Lett that Mr. Trump’s explanation was “fake news” and that the president “was participating in party politics and supported his candidates in the election, and he prioritized that over his obligations in this proceeding.” Judge Lett also ruled the deposition can be videotaped.The president’s legal team, in a statement responding to Judge Lett’s ruling, declares that their client’s “powerhouse lawsuit is holding the BBC accountable for its defamation and reckless election interference just as he has held other fake news mainstream media responsible for their wrongdoing.” The suit accuses the BBC of a “false, defamatory, deceptive, disparaging, inflammatory, and malicious depiction” of Mr. Trump. The BBC has apologized for how Mr. Trump’s speech was edited — it acknowledges an “error in judgment” — but insists that the “Panorama” product was not defamatory and that Mr. Trump did not suffer any damage. He did, after all, roar back to win the 2024 presidential election. The BBC contends that it is implausible that a “12-second edit that aired in England cost him $10 billion.”Judge Lett is also weighing how to handle another high profile witness — Special Counsel Jack Smith. As the New York Sun reported earlier this week, the BBC is seeking to depose Mr. Smith as well as the president he twice tried to convict. The prosecutor has signaled his willingness to testify — he has twice appeared before Congress, and also participated in a closed door deposition in December. The BBC argues in a filing that it is “difficult to imagine a more authoritative source on these issues than Mr. Smith.”Mr. Smith’s expertise stems from the criminal case he brought against Mr. Trump for election interference in the wake of the 2020 presidential election. Mr. Smith, who was appointed by Attorney General Merrick Garland, charged Mr. Trump on four criminal counts. The case, though, never went to trial. Mr. Smith was dealt a setback in the summer of 2024 when the Supreme Court ruled in Trump v. United States that former presidents are entitled to immunity from criminal prosecution for official acts. Mr. Smith’s case was dismissed when Mr. Trump won reelection and gained the protection of the “categorical” immunity possessed by sitting presidents. In a 170-page special report authored by the special counsel, Mr. Smith asserted that “but for” the results of the 2024 vote, he would have convicted Mr. Trump “beyond a reasonable doubt.” Mr. Smith swore under oath that Mr. Trump was guilty of a “criminal scheme” and “serious crimes.”Mr. Trump argues that any new testimony from Mr. Smith would be “duplicative” because his report is already public and he has amply testified with respect to his understanding of the events of January 6. The president also notes that Mr. Smith would need clearance from the Department of Justice to testify. That would not appear forthcoming under Attorney General Todd Blanche, who prior to his appointment faced off against Mr. Smith in court.The BBC writes in its argument for deposing Mr. Trump that there is “hardly a more crucial and relevant piece of discovery in a defamation lawsuit than the deposition of the Plaintiff. For that reason, a plaintiff’s unwillingness to sit for a deposition can be perilous to his claim.” If Mr. Trump does testify, he will not be able to invoke the Fifth Amendment’s protection against self-incrimination, which only avails in criminal cases.Mr. Trump can be deposed while in office because of Supreme Court precedent: In Clinton v. Jones (19997) the high bench held that there is no absolute immunity for sitting presidents from civil law litigation for unofficial, private conduct.

Trump Faces Unappealing Choice: Testify Under Oath on Video or Forfeit $10 Billion BBC Lawsuit

Trump Faces Unappealing Choice: Testify Under Oath on Video or Forfeit $10 Billion BBC Lawsuit

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