Jack SmithDonald TrumpBBCU.S. Department of Justice

Judge orders Trump to sit for deposition in his defamation suit against BBC by Dec. 11; BBC subpoenaed special counsel Jack Smith to bolster defense

A federal judge has ordered Donald Trump to sit for a deposition by Dec. 11 in his defamation lawsuit against the BBC, which has subpoenaed special counsel Jack Smith to strengthen its defense. Trump's delay has raised concerns about meeting the discovery deadline of Dec. 18.

WANE 15 WANE 1522 October 2026 · 19:44 UTC
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A federal judge has mandated that Donald Trump must sit for a deposition by December 11 in his defamation lawsuit against the BBC, which claims Trump delayed his appearance.1

U.S. Magistrate Judge Enjoliqué Lett emphasized that failure to comply could lead to sanctions, including dismissal of the lawsuit.

The BBC's attorney, Charles Tobin, expressed frustration over Trump's cancellation of a previously agreed-upon date, stating, “we still haven’t been able to depose the plaintiff.” He accused Trump of prioritizing political engagements over the deposition, noting that Trump was involved in party politics on the originally scheduled date of October 16.

The discovery phase, where both parties exchange evidence, is set to conclude on December 18, prompting the BBC to seek Trump's testimony before this deadline.

In a related development, the BBC has subpoenaed special counsel Jack Smith to bolster its defense, although Trump's legal team argues that Smith's involvement is unwarranted since he is not a party to the case.2

Judge Lett has ruled that the deposition can be recorded on video for attorneys only, ensuring it remains confidential. Additionally, the judge has permitted the BBC to access records regarding membership applications at Trump’s organization from January 6, 2020, to January 6, 2026, which may be relevant to the damages issue in the case.

Key Insight
“As part of the damages issue, the BBC will get Mar-a-Lago membership application records from Jan. 6, 2020 through Jan. 6, 2026, plus cost details for new applicants. The judge also set a Nov. 2 deadline for the Justice Department to respond on Smith's possible deposition.”
Trump must sit for deposition in BBC lawsuit
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“MIAMI (AP) — A federal judge on Thursday ordered to sit for a deposition in his by Dec. 11.”
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