BBC seeks subpoenas for Trump family in $10bn defamation case
The broadcaster argues the family members possess personal knowledge of the US president’s intentions, as service of documents faces logistical and security hurdles.
The BBC has applied to the court to subpoena Donald Trump Jr, Ivanka Trump and Jared Kushner for documents and testimony in its ongoing $10bn defamation lawsuit with the US president. The broadcaster contends that these family members have personal knowledge of Trump’s intentions during his speech outside the US Capitol on 6 January 2021.
Court filings indicate that the BBC’s legal team attempted to serve the subpoenas by hand in May but encountered significant obstacles. In one instance, a representative was refused entry to a Florida residence by a police checkpoint and informed by the Secret Service that the agency could not accept the documents. Similar attempts at Trump Tower in New York were thwarted by concierge staff and delays in locating the relevant legal department. Consequently, the BBC has requested that the subpoenas be served via email and certified mail.
The litigation stems from a Panorama episode that edited together two separate sections of Trump’s 2021 address. The BBC has apologised for the editing error, acknowledging it gave the mistaken impression that the president had made a direct call for violent action. However, the broadcaster maintains that the programme does not meet the legal criteria for defamation and was not made available on its US platforms.
In its latest filing, the BBC’s lawyers argue that the family members’ testimony is relevant to the president’s claim. The filing draws on evidence previously gathered by a US congressional committee, stating that Donald Trump Jr and Ivanka Trump were present when their father revised and delivered the speech. It further notes that Jared Kushner drafted a proposed statement for the president that would have condemned the use of violence.
The lawsuit, filed in Florida last December, accuses the BBC of intentionally doctoring the speech. Trump’s legal team has recently admitted there is no evidence the documentary was available on BBC’s US platforms, such as BritBox or BBC.com, as originally claimed. Trump also agreed to drop the BBC’s commercial arm, BBC Studios, from the suit after the broadcaster argued it had no role in producing the documentary.
A judge has granted Trump’s request to delay handing over financial records to the BBC, which the broadcaster sought to assess the impact on the president’s business interests. The president’s lawyers argued that disclosure would cause irreparable harm. A trial date is scheduled for February 2027, should the case proceed.
