Trump, BBC Spar Over Jack Smith Deposition in $10 Billion Defamation Lawsuit

Attorneys for Donald Trump and the BBC are embroiled in a court battle over whether former special counsel Jack Smith should be deposed in the former president's $10 billion defamation lawsuit against the British broadcaster. The proceedings also address the contentious issue of when Trump himself will be available for a deposition.

During a hearing Thursday before U.S. Magistrate Judge Enjoliqué Lett in Miami, the parties debated the deposition of Smith, who is not a direct party to the case. Trump's legal team argued that Smith lacks personal knowledge of the events and that his testimony would be redundant, citing his extensive public reports and testimony on the January 6, 2021, events. "Smith lacks any personal knowledge regarding the issues in this matter," Trump's lawyers stated in a filing. "He was not present when President Trump’s January 6, 2021, speech … was made, nor did he participate in its preparation."

Conversely, the BBC's lawyers contended that Smith is a highly authoritative source on the events of January 6, given his years of investigation into the matter with the backing of the Justice Department and grand jury powers. "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 filing argued. The broadcaster asserted that Trump cannot prevent them from obtaining necessary evidence to defend itself.

The lawsuit, filed by Trump in December, accuses the BBC of defamation, deceptive, and unfair trade practices related to the documentary "Trump: A Second Chance." The BBC acknowledged that it edited quotes from Trump's January 6, 2021, speech to suggest he was directly inciting violence. The broadcaster issued an apology for the editing, and the head of the BBC along with its top news executive resigned. However, the BBC maintains it did not defame Trump.

Adding to the court's agenda is the timing of Trump's own deposition. The BBC requested deposition dates in July and eventually agreed to October 16. However, Trump's counsel informed the BBC on September 28 that the former president was unavailable for the October date, citing "matters of national importance." The BBC stated in a filing that Trump's team indicated he had no availability before discovery closes on December 18 and proposed dates in mid-January 2027.

The BBC expressed concern over the delays, with attorney Charles D. Tobin writing, "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." The broadcaster suggested that these delays have undermined the cooperative spirit of discovery and hindered their defense preparation. The judge has previously warned of potential sanctions if Trump fails to comply with the court's schedule.