Judge Warns Donald Trump His $10B BBC Lawsuit Will Be Dismissed Unless Lawyers Produce Documents

Magistrate Judge Enjolique A. Lett has warned President Donald Trump that his $10 billion (£7.46 billion) lawsuit against the BBC could be dismissed in federal court if his lawyers fail to meet new November document deadlines.

Trump filed the case in December 2025 over the BBC documentary Trump: A Second Chance?, alleging defamation and deceptive and unfair trade practices. The BBC acknowledged splicing separate portions of his 6 January 2021 speech in an edit that appeared to present him as directly urging violence.

The broadcaster apologised for the edit but denied defamation. Its director-general and top news executive resigned following the controversy.

The dispute is now in discovery, the stage at which lawyers exchange documents and other evidence.

Donald Trump's Document Search Under Scrutiny

Trump's lawyers had until 21 October to verify written discovery responses and provide additional undisputed documents relevant to the case. Their submission contained 20 documents, which Lett stated had either already been produced by the BBC or retrieved online shortly before the deadline.

'Given the nature of the requests, the paucity of the production and the steps counsel undertook to ensure that all responsive documents were collected, the court has concerns about whether an adequate search for all responsive documentation occurred,' Lett stated.

Lett required more relevant documents or evidence that an adequate search had been conducted. She ordered a privilege log by 5 November and any remaining undisputed responsive documents by 23 November.

'Failure to comply with this order may result in sanctions, including but not limited to, dismissal of this action for failure to prosecute this case,' Lett warned.

A December Deposition for Donald Trump

On 22 October, Lett ordered Trump to appear for a deposition by 11 December. BBC lawyer Charles Tobin complained that, with two months left in discovery, 'we still haven't been able to depose the plaintiff.'

Tobin stated that Trump cancelled an agreed 16 October appearance, citing a 'matter of national importance.' He alleged Trump was campaigning in Georgia that day and accused him of putting politics ahead of his testimony.

The planned deposition also brought a disagreement over whether Trump's testimony could be recorded on video. His lawyers reportedly opposed filming, but Lett permitted it provided the recording remained restricted to attorneys and was not released publicly.

BBC Seeks Further Evidence in Donald Trump's Case

The BBC also subpoenaed former special counsel Jack Smith, arguing that his knowledge of 6 January 2021 could support its defence. Trump's lawyer Alejandro Brito countered that Smith had no personal knowledge of Trump's speech or state of mind, and that his public report and congressional testimony were sufficient.

'We can argue later on whether his testimony is admissible... but we are entitled to that deposition,' Tobin argued.

Smith has reportedly requested Justice Department permission to testify without receiving a response. Lett ordered the department to respond by 2 November. The testimony requires agency approval under federal rules applying to current and former employees.

She also permitted the BBC to obtain Mar-a-Lago membership application totals between 6 January 2020 and 6 January 2026, alongside membership and initiation fees.

Tobin argued that the club's popularity could provide evidence of Trump's reputation and any actual damages resulting from the edit. Brito maintained that Trump does not run the club and that its reputation is separate from his own.

Discovery is scheduled to close on 18 December. Lett stated that only the presiding judge could alter that deadline.