Trump ordered to answer questions under oath in BBC defamation lawsuit by December 11

A US judge has ordered President Donald Trump to answer questions under oath by December 11 in his defamation lawsuit against the BBC over the editing of a speech he delivered before the 2021 US Capitol riot. Charles Tobin, a lawyer representing the BBC, told the court that we still haven't been able to depose the plaintiff, with two months remaining in the discovery period. Trump cancelled a previously scheduled deposition on October 16, citing matters of national importance while campaigning in Georgia.

Under US law, a deposition is an out-of-court statement made under oath in response to questions. The proceedings are recorded and can be used in subsequent legal proceedings. US Magistrate Judge Enjolique Lett ruled that Trump must appear for the deposition by December 11, unless the discovery period is extended. Last week, attorneys asked Lett to compel Trump to attend the deposition after the last scheduled meeting failed to take place.

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On the day of the cancelled deposition, Trump attended a midterms campaign rally in Dalton, Georgia, followed by a fundraiser at his Mar-a-Lago property in Florida. In a separate filing on Wednesday, Trump's lawyers said the president could appear for the interview between 11 and 22 January next year. They also argued that the BBC was wrong to claim that President Trump is avoiding his deposition in this action. Trump filed the lawsuit in Florida, accusing the BBC of intentionally, maliciously, and deceptively doctoring a speech he delivered outside the US Capitol on January 6, 2021.

The BBC apologised for the editing error, acknowledging that the broadcast gave the mistaken impression that President Trump made a direct call for violent action. The broadcaster has since asked the court to dismiss the lawsuit, arguing that the programme does not meet the legal requirements for defamation and was not available in the United States. In July, Trump's lawyers conceded that they had no evidence that the documentary was available in the US through the BBC's BritBox subscription service, as they had originally claimed.

They also lacked evidence that it was available on the BBC's website, BBC Select or through US broadcasters. Trump subsequently agreed to drop the lawsuit against BBC Studios, the broadcaster's commercial arm, after the BBC argued that it had no role in creating or producing the documentary.