By Sohaib Shams
A U.S. magistrate judge has warned that Donald Trump's $10 billion defamation lawsuit against the BBC could be dismissed unless the president produces documents requested by the broadcaster. Magistrate Judge Enjolique Lett ordered Trump to provide relevant records by November 23 and compile a privilege log identifying any withheld materials by November 5.
The court order states that failure to comply may result in sanctions, including dismissal of the action for failure to prosecute. Trump is seeking substantial damages in a Florida court over the editing of a 2024 Panorama documentary concerning the January 6, 2021, U.S. Capitol riots.
Judge Lett expressed concerns about whether an adequate search for responsive documentation occurred, noting that Trump's counsel admitted no privilege log had been produced. The BBC had previously accused Trump of flouting discovery rules by failing to disclose files.
The directive follows a recent ruling by the same judge requiring Trump to give an interview under oath by December 11. At a hearing last week, BBC lawyer Charles Tobin said Trump cancelled an agreed October 16 deposition citing a "matter of national importance," but was actually campaigning in Georgia ahead of November's mid-term elections.
The Panorama episode aired shortly before the 2024 presidential election and faced criticism for giving the impression Trump had encouraged supporters to storm the Capitol. The controversy led to the resignation of then-BBC director-general Tim Davie. BBC chairman Samir Shah apologized for an "error of judgment," acknowledging the editing gave "the impression of a direct call for violent action."
The BBC is seeking to have the case dismissed, warning of a "chilling effect" on robust reporting of public figures. The broadcaster has also challenged the jurisdiction of a Florida court, noting the programme was never aired in the state or the U.S.
