MIAMI (AP) — Lawyers for the BBC and for Donald Trump were tussling in court Thursday over whether former special counsel Jack Smith should be deposed in the president’s $10 billion defamation case against the broadcaster — a possibility that Trump strongly opposes.
In a hearing before U.S. Magistrate Judge Enjoliqué Lett in Miami, the parties were also expected to address the thorny issue of when Trump himself will be made available for deposition.
BBC asked the judge last week to compel Trump to appear after they said he canceled an agreed-upon date of Oct. 16, citing “matters of national importance.” The British broadcaster says Trump is trying to delay his appearance until January 2027. The judge has threatened sanctions if Trump fails to comply with the court's schedule.
Trump, who has often avoided depositions, filed his lawsuit against the BBC last December, seeking $10 billion in damages. He accused the publicly funded broadcaster of defamation as well as deceptive and unfair trade practices related to a documentary, “Trump: A Second Chance.”
The BBC acknowledged that filmmakers spliced together quotes from different sections of the speech Trump delivered to his supporters on Jan. 6, 2021, before the storming of the U.S. Capitol, to make it seem he was directly urging violence. The broadcaster apologized over the editing, and the head of the BBC and its top news executive both resigned. But BBC has denied Trump’s claims that it defamed him.
To bolster its defense, the broadcaster subpoenaed Smith earlier this month. Trump’s lawyers argued, in a joint filing asking for a hearing on the matter, that there was no good reason for Smith, who is not a party to the case, to appear.
“Smith lacks any personal knowledge regarding the issues in this matter,” they argued in the filing. “He was not present when President Trump’s January 6, 2021, speech … was made, nor did he participate in its preparation. Smith does not have any personal knowledge regarding President Trump’s state of mind at the time the Speech was given.”
Trump's side also argued that “Smith’s testimony would be duplicative,” because he published he lengthy report on the events of January 6 and also testified for many hours. “The entirety of his testimony is publicly available,” it argued.
The BBC countered, in the same filing, that there were few more knowledgeable sources about the events of Jan. 6 than Smith, who studied and investigated them for years.
“It is difficult to imagine a more authoritative source on these issues than Mr. Smith, who spent years gathering evidence on those topics with the force of the Justice Department and the power of the grand jury behind him,” the BBC’s lawyers argued.
“No one forced Plaintiff to file this lawsuit and to dispute that his speech on January 6 incited the violence that followed at the Capitol. But as long as he chooses to maintain the case, he cannot commit the fundamental injustice of preventing the BBC from obtaining the evidence it needs to robustly defend itself on every element of his claim…”
A key question also remains: When will Trump himself appear? In a filing Oct. 13, BBC lawyers said they first requested dates for a deposition in July, and followed up repeatedly, with both sides eventually agreeing on Oct. 16.
After weeks of silence, they wrote, “Plaintiff’s counsel responded on September 28, 2026, indicating that ‘the President is no longer available for his deposition on October 16 due to other matters of national importance’ and that counsel would ‘endeavor to provide you with a replacement date by the end of this week.’ He did not.”
They said they were then told that Trump “has no availability whatsoever for a deposition” before discovery is set to close on Dec. 18, and that Trump would instead make himself available the second or third week of January.
“Two months of discovery remaining, the BBC still has not been able to depose, and does not even have a schedule to depose, the most central figure in this case: Plaintiff himself,” attorney Charles D. Tobin wrote in the filing. “Those delays have flouted the cooperative spirit of discovery and precluded the BBC from obtaining the evidence necessary to robustly litigate its defense.”
