Trump ordered to answer questions under oath in BBC lawsuit

A US judge has ordered President Donald Trump to answer questions under oath in his defamation lawsuit against the BBC by 11 December.

Trump is suing the BBC over an episode of Panorama that edited together two different sections of a speech he gave before the riot at the US Capitol in 2021.

Charles Tobin, a lawyer representing the BBC, said in court that “we still haven’t been able to depose the plaintiff” with two months left in the discovery period, during which both sides are legally required to exchange information with each other on their case.

Trump cancelled a previous deposition on 16 October, citing “matters of national importance” while he was campaigning in Georgia.

In US law, a deposition is an out-of-court statement made under oath in response to questions, which is recorded for use in later proceedings.

The judge in the case, US Magistrate Judge Enjoliqué Lett, said that Trump must sit for the deposition by 11 December, unless the discovery period is extended.

Last week, attorneys asked that Lett compel Trump to face deposition after the last scheduled meeting did not take place.

On that day, Trump attended a midterms campaign rally in Dalton, Georgia and a fundraiser at his property in Mar-a-Lago in Florida.

In a separate filing on Wednesday, Trump’s lawyers said that the president could appear for the interview between 11 and 22 January next year, and claimed that the BBC was “wrong to claim that President Trump is avoiding his deposition in this action.”

Trump’s lawsuit – filed in Florida – accuses the BBC of “intentionally, maliciously, and deceptively doctoring” the speech he gave outside the Capitol on 6 January 2021.

The BBC apologised for the error and said that the broadcast gave “the mistaken impression that President Trump made a direct call for violent action”.

The broadcaster has since asked that the court dismiss the lawsuit, arguing that the programme does not meet the legal criteria for defamation and was not available in the US.

In July, Trump’s lawyers conceded that they had no evidence that the documentary was available in the US on the BBC’s BritBox subscription service – as they originally claimed – or on the BBC’s website, BBC select or through US broadcasters.

Trump ultimately agreed to drop the lawsuit against BBC Studios, its commercial arm, after the BBC argued that it had “no role in creating or producing the documentary”.

Typically, depositions take place in a lawyer’s office – rather than a courtroom – without a judge physically present.

Depositions, however, carry legal weight and take place under oath. They are recorded verbatim by a court reporter, and the transcripts can later be used as evidence during trials.

In defamation cases, lawyers for both sides are normally present for depositions.