Lett warns Trump that dodging BBC deposition invites dismissal

By Adele Rutherford · Reporting from Atlanta · October 24, 2026

Donald Trump risks the dismissal of his lawsuit against the BBC after a federal judge ordered his deposition, proving that a plaintiff cannot demand damages while evading discovery under oath.

Donald Trump is treating the federal court like a negotiation table. He believes he can file a $10 billion defamation suit and then opt out of the parts he dislikes. He is wrong. In any civil action, the person who asks the court for money must also submit to discovery. Discovery is the formal exchange of information and testimony before a trial. You cannot hold the sword of litigation in one hand and a shield against the truth in the other.

The burden of the plaintiff

The dispute began in December 2025. Trump sued the BBC over a documentary that spliced his January 6, 2021, speech. The BBC joined the phrase “walk down to the Capitol” with “we fight like hell.” As SBS News reports, the BBC apologized for the editing. Its top news executive and the head of the BBC resigned.

To obtain damages, Trump must prove he suffered actual harm. That requires a deposition, which is out-of-court testimony given under oath. Magistrate Judge Enjoliqué Aytch Lett made the terms clear. She ordered Trump to sit for a deposition by December 11. If he does not, the case could be dismissed. Judge Lett noted that engaging in discovery is burdensome, but it is a burden a party undertakes when they file a lawsuit.

Trump has already tried to treat the court's schedule as a suggestion. His lawyers cited a “matter of national importance” to cancel a planned deposition. However, CNN reports that Trump spent that Friday campaigning in Georgia and fundraising at Mar-a-Lago. When a litigant claims national importance to avoid a court date but attends a political event, he insults the court.

The danger of the tool

A defamation suit is a dangerous tool. When you sue for damage to your reputation, you open that reputation to the other side. You cannot pick and choose which parts of your life remain private.

The BBC is using this process as the rules intend. The broadcaster issued at least 47 subpoenas to officials and advisers. It also seeks Mar-a-Lago membership numbers and dues. Judge Lett supported this request to test claims about Trump's “profession, occupation and trade.”

Ty Cobb, a former White House attorney, notes that this is where the strategy falters. As The Daily Beast reports, Cobb predicts Trump will likely refuse to go. A wide-ranging deposition could cover his business acumen, bankruptcies, and felonies.

This dynamic recalls Trump v. E. Jean Carroll. In that litigation, an author sued Trump for defamation, forcing him to face the evidentiary burdens and exposure of a federal civil suit. The BBC is not yielding. They are defending their position and refusing to cave.

The settlement play

For some litigants, the goal of a lawsuit is not a verdict. It is a payout. But the BBC is not a domestic media outlet looking to curry favor. It is a broadcaster facing a plaintiff who resists being deposed. Trump's lawyers seek to push questioning past the December 18 discovery deadline.

If Trump refuses to sit for the December 11 deposition, he invites dismissal. A rule that only works when the plaintiff holds power is no rule at all. The court does not grant favors to parties who ignore its orders.

Trump will likely file an emergency motion to bypass Judge Lett's deadline, citing his presidential schedule. He will argue that his executive duties outweigh his duties as a private litigant. Yet he invoked the court's power by filing this suit. He cannot claim that the process he started is too burdensome to endure. A plaintiff who refuses to testify cannot sustain his claim.

Lett warns Trump that dodging BBC deposition invites dismissal

The burden of the plaintiff

The danger of the tool

The settlement play

Sources