Federal judge orders Trump to testify in BBC fight for evidence in Miami lawsuit

President Donald Trump must sit for a deposition by Dec. 11 in his defamation lawsuit against the BBC or risk sanctions, including dismissal of the case, a federal magistrate judge in Miami has ruled.

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U.S. Magistrate Judge Enjoliqué Lett also rejected Trump’s request to bar videotaping of his testimony and gave his legal team 30 days to produce relevant documents, according to the Guardian news site, which first reported the story. The deposition deadline could change if U.S. District Judge Jeffrey T. Kuntz extends the schedule for discovery, the exchange of evidence before trial.

Trump’s lawyers had sought to postpone his testimony until January, arguing that his presidential duties required special accommodation. The BBC countered that Trump chose to bring the lawsuit and must comply with the court’s deadlines.

Filed in Miami federal court in December 2025, the case concerns the editing of Trump’s Jan. 6, 2021, speech in the BBC’s Panorama documentary “Trump: A Second Chance?” His amended complaint seeks at least $10 billion, claiming that the broadcaster combined remarks delivered nearly 55 minutes apart to falsely portray him as explicitly urging supporters to attack the U.S. Capitol. The BBC has acknowledged a misleading edit but denies defaming him.

In a court filing on Wednesday, Trump’s lawyers said he had agreed in July to appear for a deposition Oct. 16 but canceled because of “matters of national importance.” They cited the conflict in Iran, unrest elsewhere in the Middle East, Russia’s war against Ukraine, the White House Accord on Super Intelligence and other national security and economic concerns.

“President Trump’s deposition is not an ordinary scheduling exercise, and the law does not treat it as one,” his lawyers wrote.

Led by Coral Gables attorney Alejandro Brito, they argued that Supreme Court precedents require courts to accommodate presidential responsibilities, regardless of whether the president is suing or being sued.

“The Nation’s interest in an unimpaired Presidency is the same whichever side of the ‘v.’ (whether suing or being sued) the President occupies,” the filing said.

Trump had no further availability this year, his lawyers said, but could testify between Jan. 11 and Jan. 22, 2027. They proposed confirming a date closer to that period and said he would not oppose extending pretrial deadlines or postponing trial if necessary. They also requested a location arranged with the Secret Service, attendance limited to necessary participants and no video recording.

The BBC challenged Trump’s reliance on the case Clinton v. Jones, the Supreme Court decision involving a civil lawsuit against President Bill Clinton. Clinton was defending himself against a lawsuit, the BBC lawyers noted, while in this case Trump initiated the litigation.

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The broadcaster cited an earlier ruling by Lett that plaintiffs who choose to sue in federal court must follow its discovery rules. It said Trump could select the time and place of his deposition within the existing discovery period and that the BBC’s attorneys had repeatedly offered to accommodate his preferred location and Secret Service requirements.

The BBC called his objection to videotaping “unexplained, unjustified, and untimely,” noting that presidents and former presidents have given recorded depositions. Any concerns should be addressed through a request for a protective order, the broadcaster’s lawyers argued.

The two sides are also fighting over documents. In a separate notice Wednesday, the BBC said an Oct. 9 order required Trump’s lawyers to produce materials no longer in dispute before Thursday’s hearing. After business hours Wednesday, the President’s lawyer told the broadcaster that “President Trump does not have additional documents to produce at this time.”

The BBC’s efforts to obtain testimony have also drawn opposition from the Justice Department. A department filing Wednesday identified two proceedings in Washington involving subpoenas for former White House counsel Pat Cipollone.

In one, the broadcaster seeks an order compelling the department to permit Cipollone to testify. In the other, the department seeks to quash the subpoena and transfer that dispute to the Miami court. Whether Cipollone will be questioned remains unresolved.

Trump’s amended complaint, filed in August, claims that the BBC documentary joined his statement about walking to the Capitol with his later exhortation to “fight like hell,” while omitting his instruction that supporters make their voices heard peacefully. The program first aired Oct. 28, 2024, shortly before the presidential election. Trump’s lawyers allege that it was intended to influence voters against him.

The complaint asserts defamation and, as an alternative, a violation of Florida’s Deceptive and Unfair Trade Practices Act. It seeks at least $10 billion under each count, with the consumer-protection claim pleaded as an alternative to defamation.

To support bringing the case in Miami federal court, Trump alleges that Florida residents could have watched the documentary using virtual private networks to bypass geographic viewing restrictions. Access to the program in Florida remains disputed.

His claims of reputational damage have also brought his business interests under scrutiny. According to The Guardian, Lett allowed a BBC subpoena directed to Trump’s Mar-a-Lago resort to proceed Thursday, finding the club sufficiently connected to Trump’s professional activities to fall within the scope of discovery.

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