Donald Trump, USA News (Florida): Donald Trump has been warned his £7.5billion defamation case against the BBC could be thrown out unless he turns over documents requested by the broadcaster. Magistrate Judge Enjolique Lett has ordered the President to produce the relevant records by November 23, raising concerns about how his legal team collated the paperwork.
Without a register identifying any documents withheld under privilege claims, she also directed President Trump to compile a list by November 5. The court order the judge signed this week stated that failure to comply with the order may result in sanctions, including dismissal of the action for failure to prosecute the case.
The President is seeking substantial damages in a Florida court over the editing of a 2024 Panorama documentary about the US Capitol riots. The BBC had previously accused the president of flouting the rules by failing to disclose documents as part of the case. Given the legal timetable, the corporation’s lawyers argued it would experience extreme prejudice if President Trump continues to disregard his discovery obligations, and asked the court to intervene.
They pointed to the ongoing delay over documents that are not in dispute and that Mr Trump had previously agreed to disclose. President Trump previously sought to block the release of his financial records as he tried to change his complaint and limit disclosure, although this appeared to be a separate matter, as the production of these papers was contested.
In her court ruling, Judge Lett noted that plaintiff’s counsel assured the court that all responsive documents about which there remains no dispute were produced. However, counsel admitted that no privilege log identifying any withheld documents had been produced.
The judge stated that 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 occurred.
The move follows the same judge’s recent ruling that President Trump must give an interview under oath by December 11, after complaints that he delayed his pre-trial deposition. At a court hearing, BBC lawyer Charles Tobin pointed out that a date had been agreed on for October 16, but President Trump cancelled it due to a matter of national importance, which involved campaigning in Georgia ahead of mid-term elections.
President Trump is taking legal action over a Panorama episode broadcast shortly before the 2024 presidential election. The documentary faced criticism for suggesting that President Trump encouraged supporters to storm the Capitol building on January 6, 2021. The BBC is seeking to have the case dismissed, warning of a chilling effect on robust reporting, and has challenged the jurisdiction of a Florida court to hear the case.
