Trump Ordered to Testify Under Oath in $10bn BBC Lawsuit Discovery, Judge Warns of Dismissal
United States President Donald Trump must answer questions under oath in the discovery stage of his $10bn lawsuit against the BBC, a federal judge has ruled, warning that failure to cooperate could lead to the dismissal of his case.
The dispute centres on a BBC documentary which combined separate excerpts from a speech he gave before the January 6, 2021 attack on the US Capitol into what appeared to be a continuous statement. The broadcaster has apologised for the edit but denies that Trump has grounds for a defamation claim.
Under the ruling, Trump has been ordered to make himself available for questioning by the BBC's lawyers by December 11, unless the judge extends the time frame for gathering evidence. That process is currently scheduled to end on December 18.
Judge Enjolique Lett also rejected his lawyers' attempt to postpone questioning until January and to prevent the session from being filmed. Access to the recording will initially be restricted to lawyers involved in the case.
Separately, she gave Trump's side 30 days to hand over relevant documents requested by the BBC. At Thursday's hearing, BBC lawyer Charles Tobin told the Miami court: 'We still have a completely lopsided [situation] here on discovery. They have produced absolutely nothing of any substance.'
A deposition is a formal interview under oath, usually conducted outside the courtroom before a trial, in which lawyers question a witness and the answers are recorded in a transcript that can later be used in court. Trump's deposition is expected to last up to seven hours.
Trump filed his lawsuit against the British broadcaster in federal court in Florida on December 15, 2025, over a Panorama documentary which was broadcast shortly before the 2024 US presidential election.
His complaint seeks at least $5bn for alleged defamation and another $5bn for alleged violations of Florida's Deceptive and Unfair Trade Practices Act. He alleges that the programme damaged his reputation and business interests by falsely portraying him as directly encouraging violence at the Capitol.
Two quotes that make up the excerpt used by the BBC were delivered roughly 54 minutes apart in the original speech. The programme also left out his appeal for supporters to 'peacefully and patriotically make your voices heard', Trump's lawyers say.
The BBC acknowledged that the edit created the mistaken impression that Trump had made a direct call for violent action. It apologised, while rejecting his demand for compensation and denying a legal basis for the defamation claim. The controversy was followed by the resignations of BBC director-general Tim Davie and its news chief, Deborah Turness.
Trump had agreed to be questioned on October 16, but his lawyers cancelled that date, citing a matter of national importance, and subsequently proposed dates between January 11 and 22 of next year. At the hearing, Tobin said Trump had instead been campaigning in Georgia and argued that waiting until January would push the questioning beyond the existing deadline for gathering evidence.
Lett warned that failure to cooperate could lead to sanctions, including dismissal of the lawsuit altogether. Under federal civil procedure rules, other possible sanctions include ordering a party to pay legal expenses caused by noncompliance, preventing it from introducing certain evidence or striking out parts of its case — but these are possible penalties, rather than sanctions already imposed on Trump.
