US President Donald Trump has been ordered to sit for a sworn deposition in his $10 billion defamation lawsuit against the BBC, with a federal judge warning that failure to comply by 11 December 2026 could lead to sanctions, including dismissal of the case. The ruling, delivered by US Magistrate Judge Enjoliqué Lett in Miami on Thursday, follows complaints from the BBC that Trump had repeatedly delayed giving evidence in the lawsuit he initiated.
Judge Sets December Deadline for Trump
The ruling in the Southern District of Florida requires Trump to answer questions under oath as part of the discovery process, during which parties to a civil lawsuit obtain documents, testimony and other evidence.
According to the Associated Press, Judge Enjoliqué Lett ruled that Trump must attend a deposition no later than 11 December 2026 or risk sanctions that could extend to dismissal of his lawsuit.
The order is not a dismissal of the case, nor does it determine whether the BBC defamed Trump.
The current discovery deadline is 18 December. The deposition could potentially take place later if the judge overseeing the wider case agrees to extend that timetable.
Only the presiding judge can change the trial schedule.
Trump Cancelled Earlier Deposition Citing National Importance
The BBC’s lawyers told the court that a deposition had originally been agreed for 16 October 2026.
However, Trump’s legal representatives informed them on 28 September that he was no longer available because of other matters of national importance.
The BBC subsequently alleged that Trump had failed to provide a suitable replacement date and that his lawyers had suggested January 2027, after the existing discovery deadline.
During Thursday’s hearing, BBC lawyer Charles Tobin said Trump had instead been campaigning in Georgia on the date previously agreed for his deposition.
Tobin argued that Trump had prioritised political campaigning over his obligation to provide evidence.
The BBC’s lawyers maintained that the delays were preventing them from gathering evidence necessary to defend the lawsuit.
Their argument was straightforward: Trump voluntarily brought the legal action and must therefore comply with the ordinary requirements of civil litigation.
Why Is Donald Trump Suing the BBC for $10 Billion?
The dispute began with a BBC Panorama documentary, Trump: A Second Chance?, broadcast in October 2024.
The programme included an edited sequence from Trump’s speech to supporters on 6 January 2021, shortly before the attack on the US Capitol.
The documentary combined comments delivered at different points in Trump’s speech, creating the misleading impression that he had directly urged supporters to engage in violence.
Following criticism of the editing, the BBC acknowledged that its presentation had been misleading and apologised to Trump in November 2025.
The controversy also contributed to the resignations of BBC director-general Tim Davie and BBC News chief executive Deborah Turness.
Trump subsequently filed a lawsuit in December 2025, alleging defamation and violations of Florida’s laws governing deceptive and unfair trade practices.
He is seeking at least $10 billion in damages, comprising $5 billion under each of the two claims.
Trump’s legal team has accused the BBC of deliberately manipulating the speech to damage his reputation and influence public opinion ahead of the 2024 presidential election.
The BBC has rejected allegations that it intentionally defamed Trump.
Although the broadcaster acknowledged the editing error, it maintains that the documentary does not provide a legal basis for the enormous damages being claimed.
The BBC has also argued that the documentary was not distributed through its US channels and was restricted to UK viewers on BBC iPlayer.
BBC Granted Access to Mar-a-Lago Membership Information
Thursday’s hearing also produced another significant development.
Judge Lett agreed that the BBC should be allowed access to specified membership information from Trump’s Mar-a-Lago resort in Florida.
The records include the total number of membership applications between 6 January 2020 and 6 January 2026, along with information about membership costs and initiation fees for new applicants.
The BBC argues that the popularity of Mar-a-Lago could provide relevant evidence when assessing Trump’s claims that his reputation suffered as a result of the documentary.
Trump’s lawyer Alejandro Brito challenged that argument, maintaining that Trump does not personally run the resort and that his reputation should not be measured through its membership figures.
The information could become relevant when examining whether Trump suffered the scale of reputational damage alleged in his lawsuit.
Former Special Counsel Jack Smith Also Drawn Into Dispute
Another contested issue involves former US special counsel Jack Smith, who investigated Trump’s conduct surrounding the 2020 presidential election and the events of 6 January 2021.
The BBC has sought to question Smith as part of its defence.
Its lawyers argue that his extensive investigation could help identify evidence relevant to the dispute.
Trump’s legal representatives oppose the proposed deposition, arguing that Smith lacks direct personal knowledge of Trump’s intentions when delivering the speech and that relevant findings are already publicly available.
At the time of the initial reporting on Thursday, no final ruling on Smith’s proposed deposition had been confirmed.
What Happens If Trump Refuses to Testify?
The potential consequences are significant because Trump is the plaintiff, rather than the defendant, in this case.
A deposition requires a witness to answer questions under oath, subject to legal objections and protections. The evidence gathered can play an important role in subsequent court proceedings.
Failure to comply with a court order can result in sanctions, depending on the circumstances and the judge’s findings.
In this case, Judge Lett has specifically identified dismissal of Trump’s lawsuit as a possible consequence if he fails to attend within the required timetable.
However, dismissal is not automatic, and the court has not ruled that Trump has committed defamation-related misconduct or that his underlying legal claim lacks merit.
The outcome will depend on his compliance, any further applications made by the parties and the court’s decisions.
A Crucial Test for Trump’s $10 Billion Claim
The ruling places Trump’s own testimony at the centre of a lawsuit that has already generated considerable controversy on both sides of the Atlantic.
For the BBC, the case presents a substantial legal and financial challenge, despite its apology for the original editing error.
For Trump, the immediate issue is whether he will comply with the court’s timetable and answer questions under oath in the case he chose to bring.
The next major date is 11 December 2026, seven days before the currently scheduled close of discovery.
The legal battle over whether the BBC defamed Trump remains unresolved, but Thursday’s decision has made clear that pursuing a multibillion-dollar lawsuit also brings obligations to participate in the legal process.
Sources
Associated Press: Judge orders Trump deposition in BBC lawsuit, 22 October 2026
Reuters: Trump ordered to sit for deposition in $10bn BBC lawsuit, 22 October 2026
Video: Trump Ordered to Testify in BBC Lawsuit
Katie Phang discusses the court’s ruling and its implications for Trump’s legal case against the BBC.
