Smith Trump BBC Lawsuit
Trump must give a deposition in his BBC lawsuit by 11 December after cancelling an earlier date, or risk sanctions, including dismissal of the case Gage Skidmore/WIKIMEDIA COMMONS

Donald Trump has been ordered to testify under oath by 11 December in his lawsuit against the BBC, after cancelling an earlier deposition that his lawyers said conflicted with matters of national importance. US Magistrate Judge Enjoliqué Lett issued the instruction in Miami on Thursday, 22 October. The president risks sanctions, potentially including dismissal of the case, if he fails to comply.

Trump is seeking $10 billion (£7.5 billion), over the broadcaster's editing of his speech before the 6 January 2021 attack on the US Capitol. The amount represents his demand for damages, not compensation awarded by a court.

Cancelled Date Prompts Court Intervention

A deposition had been agreed for 16 October. BBC lawyer Charles Tobin told the court that Trump cancelled but attended political events in Georgia that day. He argued that campaigning had been prioritised over questioning in the president's own case. The deadline remains subject to any extension of the discovery timetable by the presiding judge. Discovery is currently scheduled to close on 18 December.

Trump's legal team disputed the suggestion that he was avoiding questioning. In a filing on Wednesday, his lawyers said presidential responsibilities involving 'matters of national importance' had constrained his availability. They offered dates between 11 and 22 January 2027.

The BBC challenged that proposed delay, with Tobin arguing that Trump remained responsible for participating in the proceedings he initiated. The immediate disagreement concerns when the president must answer questions, rather than a ruling on whether the documentary defamed him.

The proposed January dates would fall after the current discovery deadline, making any postponement dependent on a change to the court's timetable. The BBC indicated it could accommodate a later deposition if that broader schedule was extended.

Until then, the December deadline governs, and Trump's offer to appear in January does not itself satisfy the judge's instruction to give evidence before discovery closes.

What Trump Alleges About the Documentary

Trump filed his complaint in the Southern District of Florida on 15 December 2025. It concerns the Panorama documentary Trump: A Second Chance?, first broadcast on 28 October 2024, shortly before that year's US presidential election.

The complaint alleges that the programme joined passages from different parts of his January 2021 speech, creating a sequence that he did not deliver continuously. His lawyers argue that combining remarks about walking to the Capitol with later language about fighting changed the meaning of his address.

The filing also objects to the omission of his call for supporters to make their voices heard peacefully. Trump alleges that the resulting portrayal damaged his reputation and seeks compensatory and punitive damages. These are allegations in his complaint, rather than findings by the court.

The BBC has acknowledged the editing error and apologised, but denies that it defamed Trump. Its apology therefore does not amount to acceptance of the president's damages claim.

Recorded Testimony and Another Witness Dispute

Lett also permitted video recording of Trump's deposition, with access restricted to lawyers in the case. Separately, the Justice Department must respond by 2 November to former special counsel Jack Smith's request for permission to testify. His appearance remains unresolved.

A deposition would give the BBC's lawyers an opportunity to question Trump under oath before trial. It is a step in gathering evidence, rather than a public trial appearance or a decision on the merits. For now, the operative deadline is 11 December, unless the court changes the schedule.