President Donald Trump has agreed to testify in a $10 billion defamation lawsuit filed in January against the BBC but asked a federal court to ban his testimony from being taped, according to a new court filing.
In a response filed Wednesday with the U.S. District Court for the Southern District of Florida, Trump’s lawyers said he would be questioned from January 11 to January 22.
“President Trump did not recuse himself from his testimony in connection with this operation,” Trump’s legal team said in the filing. newsweek. It requires the court to hold depositions at a location designated in consultation with the U.S. Secret Service, with attendance limited to Trump, attorneys, a court reporter and necessary Secret Service personnel.
The filing objects to the BBC’s request for a court hearing to compel Trump to testify, after U.S. Magistrate Judge Enjoliqué A. Lett warned that failure to comply with the court’s future discovery procedures could result in sanctions.
The dispute centers on Trump’s failure to attend a deposition hearing originally scheduled for October 16, a date that was postponed because his legal team cited events of national importance. However, the BBC pointed to Trump’s attendance at a campaign rally in Dalton, Georgia that day, as evidence to question his explanation for the delay.
Trump’s lawyers argued that the president did not recuse himself from testifying and that the BBC prematurely sought court intervention while the two sides were still discussing a replacement date.
BBC says Trump delayed testifying for months
The BBC argued that Trump’s legal team had repeatedly failed to provide an exact date for the deposition, despite requests starting in July.
BBC lawyer Charles D. Tobin said in documents seeking a discovery hearing in October that the broadcaster was unable to question Trump, whom it considers to be a central figure in the case, despite the limited time remaining before discovery.
“These delays flout the cooperative spirit of discovery and prevent the BBC from obtaining the evidence it needs to mount a strong defense,” Tobin wrote.
According to the BBC filing, both parties finally agreed on October 16 after repeated follow-up. But on September 28, Trump’s lawyers informed the broadcaster that the president was unable to attend that day due to matters of national importance, including the conflict in Iran, unrest in other parts of the Middle East, the war between Russia and Ukraine, and other issues affecting national security and the U.S. economy.
Trump’s lawyers initially said they would try to provide a replacement date by the end of the week, the BBC said. However, in the first week of October, the broadcaster said it was told Trump would not be available before the Dec. 18 discovery deadline and would instead appear in the second or third week of January.
The broadcaster argued that Trump already accepted the obligations of the civil suit when the lawsuit was filed and that his testimony should not be delayed until after the discovery period without court intervention.
The broadcaster asked the court to resolve the dispute and force Trump to stand trial.
The appearance of the rally became a point of contention
The situation around October 16 has become the focus of disagreement between the two sides.
The BBC pointed out that Trump appeared at a campaign rally in Dalton, Georgia, on the day he was scheduled to deliver his testimony. The broadcaster also cited a fundraiser at Mar-a-Lago, questioning the explanation that national affairs prevented the president from attending.
Trump’s filing offers a different account, arguing that the delay was necessary because of the president’s request, and that his lawyers are still in communication with the BBC about rescheduling.
The document does not directly respond to the BBC’s argument that Trump attended the rally on the original date of his testimony.
Instead, Trump’s lawyers argued that the broadcaster terminated negotiations early by filing the motion before responding to the proposed January window. They said the BBC did not give the Trump team a reasonable opportunity to make its position before filing the motion.
Judge warns of possible sanctions
The latest filing follows an Oct. 16 order from Lett, who warned that continued failure to comply with the court’s discovery process could result in sanctions. She said she had previously warned Trump about his lack of involvement in the discovery process, but that her warnings “had no effect.”
The judge also noted that the BBC had made five requests related to the discovery dispute, which she blamed on Trump’s disregard for court procedures.
Wright ordered both sides to respond to the BBC’s request for a discovery hearing and directed Trump’s legal team to respond to the broadcaster’s arguments. The order itself does not compel Trump to testify; it sets in motion the process of determining whether the court’s intervention is necessary.
Trump invokes presidential duties
Trump’s lawyers cited Supreme Court rulings acknowledging that the president’s responsibilities and schedule deserve special consideration during civil proceedings.
Filing dependencies clinton v. jonesA 1997 Supreme Court ruling held that sitting presidents do not enjoy absolute immunity from civil lawsuits for conduct unrelated to their official duties. Courts have also recognized that the president has a duty to inform the timing and extent of discovery.
Lawyers also cited Cheney v. United States District Courta 2004 decision emphasizing the need for deference to the administration of justice when civil discovery involves executive branch responsibilities and confidentiality interests.
Trump’s team argued that those principles supported accommodating his schedule and security arrangements, even though he was a plaintiff in the case rather than a defendant.
By contrast, the BBC maintains that Trump must comply with general obligations in civil proceedings and that such delays hamper its ability to prepare a defence.
The court has yet to rule on Trump’s request to suppress the recording or on the proposed January deposition schedule.
What Trump’s lawsuit alleges
Trump filed a lawsuit against the BBC in Florida last December, seeking $10 billion in damages over the broadcaster’s editing of a speech on January 6, 2021. panoramic Record Trump: Second chance?
The lawsuit seeks US$5 billion for alleged defamation and US$5 billion for alleged unfair trade practices. Trump claims the BBC misleadingly edited portions of his speech to make it appear he made consecutive statements encouraging supporters to attack the U.S. Capitol.
The documentary combines Trump’s remarks that he would march to the Capitol with his supporters with remarks made later in the speech, including his exhortation to “fight like hell.”
Trump believes the edit created a false and damaging impression that he directly encouraged violence.
The controversy sparked after former BBC adviser Michael Prescott raised concerns in a memo about the documentary’s impartiality and the editing of Trump’s speech. BBC director-general Tim Davie and BBC News chief executive Deborah Turnes subsequently resigned.
BBC chairman Samir Shah apologized for the edit, admitting it came across as a direct call for violence. Still, the broadcaster denies that the documentary defamed Trump and is seeking to dismiss the lawsuit.
newsweek’s Reporters and editors used our artificial intelligence assistant Martyn to produce this story. Learn more about Martin here. Please contact Newsweek editors about this story: Edward T. Cummins