The BBC has sought to subpoena members of Donald Trump’s family for documents and testimony as it fights the US president’s $10bn (£7.4bn) defamation lawsuit against it.
Trump is seeking damages of $5bn each on two counts, alleging the BBC defamed him and violated a Florida law that bars deceptive and unfair trade practices over an edit of a BBC Panorama.
Why did Trump launch a lawsuit against the BBC?
Shortly before the 2024 US presidential election, the BBC broadcast a Panorama episode,Trump, A Second Chance? that featured edited together clips of two different sections of a speech in which he addressed his supporters on 6 January 2021, the day of the Capitol building riots.
The documentary has faced criticism for giving the impression Trump had encouraged his supporters to storm the building.
Last year, Trump filed a legal complaint that accused the BBC of “intentionally, maliciously and deceptively doctoring” the speech he delivered.
He has also alleged the Panorama episode, which aired ahead of his 2024 election victory, had caused him both reputational and financial injury.
The BBC apologised for what it said was an editing error that gave “the mistaken impression that President Trump had made a direct call for violent action”.
The uproar over the editorial decision also led the then-BBC director-general Tim Davie to resign.
Who does the BBC want to subpoena?
The corporation is seeking to subpoena Trump’s son, Donald Trump Jr; his daughter, Ivanka Trump; and son-in-law, Jared Kushner, to compel them to give evidence.
According to documents filed in the United States District Court in Florida on Friday, the BBC claims the three family members “have personal knowledge and likely have possession, custody, or control of records relevant to multiple elements of plaintiff’s claims against the BBC”.
Separately, the BBC has requested some of Trump’s financial records in relation to his claim.
US President Donald Trump is pushing ahead with his lawsuit against the BBC (Photo: Julia Demaree Nikhinson/AP)His legal team has pushed back against this, arguing disclosure of his financial documents would cause him “irreparable harm”.
Earlier this month, a judge granted Trump’s request to delay releasing his financial records to the BBC as part of the lawsuit.
Why have the subpoenas been unsuccessful?
The BBC has claimed it has asked Trump to accept service on behalf of his family members and that he “refused”.
He also allegedly “refused” requests to direct the Secret Service to accept the documents.
The court document also details how law enforcement officers “prevented” the BBC’s process server from serving the president’s daughter and her husband at their home in Florida and instead directed the BBC to co-ordinate service through the US Secret Service.
But the BBC said attempts to have the Secret Service accept the documents and pass them on have also been refused, with the federal law enforcement agency saying it is “not authorised to accept service of the subpoenas”.
An attempt to serve Trump Jr at Trump Tower, the US president’s skyscraper in New York, was also “stopped” by security at the building, according to the BBC.
The constant security cordons surrounding the family have also left the BBC saying it would also “prevent any future attempts” to serve the papers.
What will happen next?
After it “endeavoured to resolve the issue” without seeking the assistance of the United States District Court, the BBC said it now requires an alternative way to serve the documents to Trump’s relatives and is seeking the court’s help in the matter.
These alternative methods could include authorised service of the subpoenas by email, mail and notice to the witnesses’ lawyers.
This all comes as the corporation continues to ask the court to have the case thrown out, maintaining the Panorama episode does not satisfy the legal definition for defamation and was not made available on US platforms.
It has also warned of the “chilling effect” the lawsuit would have on “robust reporting on public figures and events”.
A trial date has been set for February 2027.
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