Miami magistrate orders Trump to sit for BBC deposition by Dec. 11 or risk losing his $10 billion lawsuit

A federal magistrate judge in Miami has ordered President Donald Trump to sit for a deposition by Dec. 11 in his $10 billion defamation lawsuit against the BBC, warning that he could face sanctions up to dismissal of the case if he does not. U.S. Magistrate Judge Enjoliqué Lett issued the order at a hearing on Thursday, Oct. 22, after the British broadcaster complained that Trump had canceled an agreed deposition date and was stalling discovery.

The case, filed in December 2025 in the U.S. District Court for the Southern District of Florida, is one of the highest-profile civil suits on a South Florida federal docket. Trump, a Palm Beach County resident, sued in Miami over a BBC documentary that spliced together parts of his Jan. 6, 2021, speech.

What the judge ordered

Lett set Dec. 11 as the deadline for Trump to answer questions under oath from BBC lawyers. If he does not, he faces penalties that could include dismissal of his lawsuit, unless the discovery period, now set to close Dec. 18, is extended, according to The Associated Press. Lett said only the presiding judge in the case can change the trial schedule.

Discovery began in February. The BBC told the court that nearly eight months in, it had still not questioned Trump, whom it called "the most central figure in this case." BBC attorney Charles Tobin told the judge that with two months left in discovery, "we still haven't been able to depose the plaintiff."

Lett had earlier warned the parties that failing to comply with discovery rules could bring sanctions and said previous admonitions had been "to no avail," Newsweek reported.

Trump's lawyers had asked that only a court reporter record the deposition. Lett ruled it can be videotaped, but the recording will be available only to the attorneys and will not be made public, the AP reported.

The canceled Oct. 16 deposition

Trump had agreed to be deposed on Oct. 16, then canceled, with his lawyers saying he was unavailable because of a matter of national importance. The BBC told the court Trump spoke at a campaign rally in Georgia that day and then attended an event at Mar-a-Lago, his Palm Beach club.

"He was participating in party politics and prioritized that over sitting for the deposition," Tobin said.

According to the BBC, Trump then offered to sit for a deposition in the second or third week of January 2027, after discovery closes. The broadcaster said it would accept a later date only if the trial schedule moved as well. A Trump spokesman did not address the order directly and called the case a "powerhouse lawsuit" that is holding the BBC accountable, CBS News reported.

Jack Smith and the Justice Department

The hearing also took up the BBC's subpoena of former special counsel Jack Smith, who charged Trump in 2023 over efforts to overturn the 2020 election. Those charges were dismissed after Trump won the 2024 election. The BBC argues Smith could shed light on whether Trump knew his Jan. 6 remarks could lead to violence. "It is difficult to imagine a more authoritative source on these issues than Mr. Smith," the network said in a filing.

Federal rules require current and former government employees to get their agency's permission before testifying in civil cases. Smith, who does not object to the subpoena, wrote to the Justice Department that he would not testify without permission and had received no answer. Lett ordered the department to respond to him by Nov. 2 and did not decide whether the deposition can go forward.

Trump attorney Alejandro Brito argued Smith has no personal knowledge of the speech or Trump's state of mind and that his final report and congressional testimony are already public. Tobin countered that the admissibility of Smith's testimony can be fought over later. "We are entitled to that deposition," he said.

Mar-a-Lago membership records

Lett also ruled on the BBC's request for records from Mar-a-Lago, which the network argues bear on Trump's claim that his reputation was damaged. The judge agreed the BBC can see the total number of membership applications from Jan. 6, 2020, through Jan. 6, 2026, along with total membership and initiation fee costs for new applicants, the AP reported.

Tobin argued the club's popularity reflects Trump's standing, calling it "a place where he exhibits his reputation in front of people who are important to him." Brito said Trump does not run Mar-a-Lago and that his reputation is not tied to the club.

The lawsuit and the documentary

Trump's complaint seeks $5 billion for alleged defamation and $5 billion for alleged deceptive and unfair trade practices. It targets "Trump: A Second Chance?", an episode of the BBC's Panorama program that aired in October 2024, weeks before the presidential election. The film joined quotes from different parts of Trump's Jan. 6 speech in a way that made it appear he directly urged violence.

The BBC acknowledged the editing and apologized. In November 2025 it said it "sincerely regrets" how the clip was edited, and its director general and its top news executive resigned. The broadcaster denies that it defamed Trump and has argued that the Florida court lacks jurisdiction because the documentary never aired in the United States.

In February, U.S. District Judge Roy K. Altman, the presiding judge, rejected the BBC's bid to pause discovery and set a provisional two-week jury trial beginning Feb. 15, 2027, in Miami. The court docket lists a calendar call on Feb. 9, 2027, and a mediation deadline of Nov. 3, 2026. Altman later allowed Trump to file an amended complaint, which MS NOW described as narrower.

Why it matters in Florida

Trump has filed several of his lawsuits against media organizations in Florida federal courts, and this case brings the president's residence and private club directly into the record. The Mar-a-Lago records order means details of the Palm Beach club's membership business will be shared with the BBC's lawyers,.

The timing also overlaps with the midterm campaign. The canceled Oct. 16 date fell during a stretch of rallies, and the president's schedule this month has included Fort Myers on Oct. 23 and a planned Daytona Beach rally on Oct. 30.

What's next

The Justice Department's response to Smith is due Nov. 2, and the court could revisit the Smith deposition once it arrives. The parties face a Nov. 3 mediation deadline. Trump must be deposed by Dec. 11 unless Altman extends discovery beyond Dec. 18, and the trial remains set for Feb. 15, 2027.