BBC turns to US court to force Trump family testimony in $10 billion lawsuit

The BBC has turned to a US federal court for help obtaining documents and testimony from members of President Donald Trump's family as it fights a massive $10 billion defamation lawsuit filed by the president against the British broadcaster.

In a filing submitted in federal court in Florida, BBC lawyers asked for permission to serve subpoenas on Trump's daughter Ivanka Trump, her husband Jared Kushner and his son Donald Trump Jr.

The broadcaster argues that all three could have information directly relevant to Trump's claims over a BBC documentary that edited his January 6, 2021, speech.


The unusual request comes as the legal battle between Trump and the BBC moves closer to a provisional trial date in February.

Why the BBC Wants Trump’s Family to Testify

According to the court filing, the BBC believes Trump's three family members have “personal knowledge” as well as records that could shed light on important elements of his lawsuit.

The broadcaster specifically pointed to the period when Trump was preparing and revising the speech he delivered on January 6, 2021, shortly before his supporters attacked the US Capitol.

BBC lawyers said Ivanka Trump and Donald Trump Jr. were present in the Oval Office while Trump was still working on the speech. They also said Donald Trump Jr. spoke directly with his father after violence had erupted at the Capitol.

The BBC believes those details could be relevant to Trump's argument that it would be false to suggest he encouraged or incited the violence that followed his speech.

Secret Service Protection Complicates Subpoenas

The BBC says it has faced a practical obstacle in serving the subpoenas.

According to its filing, Ivanka Trump, Kushner and Donald Trump Jr. are surrounded by Secret Service agents and other security personnel, making conventional service of the legal documents difficult.

The broadcaster said it asked Trump to accept the subpoenas on behalf of his daughter and son-in-law or instruct the Secret Service to permit the documents to be served.

Trump declined, according to the filing.

The BBC is now asking the court to authorize alternative methods, including serving the subpoenas through email and certified mail.

The judge has given Trump's legal team until Friday to respond to the request.

Trump Accuses BBC of Deliberate Deception

Trump launched the $10 billion lawsuit against the BBC in December, accusing the broadcaster of defamation as well as deceptive and unfair trade practices.

At the centre of the dispute is a BBC documentary that featured portions of Trump's January 6 speech.

Trump's lawsuit alleges that the documentary's editors joined together separate sections of the speech in a way that changed the meaning of his words.

His legal team has characterized the editing as a deliberate attempt to create a misleading impression of Trump's remarks and influence the 2024 presidential election.

The BBC has acknowledged that the editing was misleading and apologized to Trump. However, the broadcaster has rejected the claim that the documentary amounted to defamation.

BBC Says Trump’s Family Could Hold Key Evidence

The latest court filing suggests that the BBC is now looking beyond the documentary itself and toward the events surrounding the preparation and aftermath of Trump's January 6 speech.

The broadcaster's lawyers say the Trump family members could possess information relevant to the president's argument about what he intended to communicate and whether the documentary's portrayal was materially false.

The filing highlights Ivanka Trump and Donald Trump Jr.'s presence in the Oval Office while Trump was revising his remarks.

It also points to Donald Trump Jr.'s conversation with his father after violence had begun at the Capitol.

For the BBC, obtaining testimony from the three could therefore become an important part of defending itself against Trump's allegations.

Trump’s Lawyers Push Back

Trump's legal team has strongly opposed the BBC's request.

His lawyers accused the broadcaster of trying to shift attention away from what they described as its own liability in the case.

“The BBC is simply trying to distract away from their own obvious liability,” Trump's legal team said.

They also accused the broadcaster of improperly using the deposition process to target Trump, his relatives and his supporters.

“The BBC intentionally defamed President Donald J. Trump,” the lawyers said, arguing that the request for testimony amounted to harassment.

The judge will now have to decide whether the BBC can use alternative methods to serve the subpoenas.

$10 Billion Lawsuit Heads Toward February Trial

Trump's lawsuit has already generated several contentious legal battles before the case reaches trial.

A trial has been provisionally scheduled for February, although that timetable could change as the court considers the various outstanding disputes.

Last week, Trump also received a temporary reprieve from a separate order requiring him to provide information about the financial performance of his business empire.

US District Judge Roy Altman paused that requirement while considering an amended complaint from Trump that would narrow his argument about the financial and reputational damage he says the BBC caused.

That development could affect what evidence ultimately becomes relevant to the damages portion of the case.

A High-Stakes Legal Fight With the BBC

The dispute places the BBC and Trump on opposite sides of an unusually high-value defamation case, with the president seeking $10 billion in damages from one of the world's most prominent news organizations.

The legal battle is rooted in a short section of Trump's January 6 speech, but the court proceedings are now expanding into questions about how the speech was prepared, what happened immediately after the Capitol attack and what Trump's family members may know about those events.

Whether Ivanka Trump, Jared Kushner and Donald Trump Jr. will ultimately have to provide documents or testimony now rests with the Florida federal court.

With a potential trial approaching, the subpoena fight could become one of the next major flashpoints in Trump's extraordinary legal battle with the BBC.

(With AP inputs)