MIAMI, United States – Lawyers for Donald Trump and the BBC faced off in federal court on Thursday over whether former special counsel Jack Smith should testify in Trump’s $10 billion defamation lawsuit against the British broadcaster.
The hearing before U.S. Magistrate Judge Enjoliqué Lett also addressed when Trump must answer questions under oath. The BBC says Trump canceled an agreed deposition date and has proposed dates in January 2027, after the current deadline for gathering evidence.
Trump filed the lawsuit in December 2025 over a BBC documentary that edited parts of his January 6, 2021, speech. He alleges that the edit falsely portrayed him as urging violence before supporters stormed the U.S. Capitol. The BBC has apologized for the editing but denies that it defamed him.
Why the BBC wants Jack Smith to testify
The BBC subpoenaed Smith earlier this month as it prepared its defense against Trump’s claims. Smith led the federal investigation into Trump’s efforts to overturn the 2020 presidential election.
Trump’s lawyers oppose the subpoena. They argue that Smith lacks direct knowledge of the speech and did not help prepare it. They also say his testimony would repeat information already available in his investigative report and public testimony.
The BBC disputes that argument. Its lawyers say Smith spent years investigating the events surrounding January 6 and may have relevant evidence that does not appear in his public report.
The dispute concerns whether Smith’s testimony could help the BBC defend itself against Trump’s claims. The court has not yet established, through a final ruling identified in the reporting reviewed, whether Smith must testify.
BBC also seeks Trump’s deposition
The BBC is separately asking the court to require Trump to give a deposition.
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According to the broadcaster’s court filings, its lawyers began seeking dates in July. The two sides eventually agreed on October 16, but Trump’s lawyers later canceled that date, citing “matters of national importance.”
The BBC says Trump’s legal team then indicated that he would not be available before the discovery deadline of December 18. Instead, his lawyers proposed the second or third week of January 2027.
That schedule has raised concerns for the broadcaster because it wants to question Trump before the evidence-gathering period closes. The BBC argues that his testimony is central to the case and that further delays could limit its ability to prepare a defense.
On October 16, Judge Lett warned that Trump could face sanctions for failing to comply with court orders. The warning did not itself impose a penalty.
What the lawsuit is about
Trump sued the BBC over its documentary Trump: A Second Chance?, which aired before the 2024 U.S. presidential election.
The dispute centers on how the programme edited his January 6 speech. The BBC combined remarks from different parts of the address, including comments about walking to the Capitol and fighting “like hell.”
The broadcaster acknowledged that the edit created the mistaken impression that Trump had directly called for violence. It apologized, and the controversy led to the resignations of the BBC’s director-general and its head of news.
However, the BBC continues to deny that the documentary amounted to defamation. Trump is seeking $10 billion in damages, including claims under Florida’s law on deceptive and unfair trade practices.
The case remains in the evidence-gathering stage. The competing requests over Smith’s testimony and Trump’s deposition could affect how both sides prepare for the next stages of the lawsuit.
Reporting Credit: United States District Court for the Southern District of Florida — Trump v. British Broadcasting Corporation, Case No. 1:25-cv-25894. Official court record confirming the case, its jurisdiction and earlier procedural rulings. The latest hearing details in this draft have not been independently verified against a complete set of current filings.
