BBC seeks to subpoena Trump's family members in Panorama lawsuit

The BBC is seeking to compel members of Donald Trump's family to provide documents and testimony as part of its defense against the former US president's $10 billion (£7.4 billion) defamation lawsuit.

Court documents reveal that in May, the BBC's legal representatives attempted to serve subpoenas on Donald Trump Jr., Ivanka Trump, and Jared Kushner. The lawsuit stems from a "Panorama" episode that edited together two distinct parts of a speech Trump delivered prior to the 2021 Capitol riots. While the BBC has previously apologized for the editing error, it maintains that the incident does not constitute grounds for defamation.

In its most recent filing, the BBC's legal team asserts that Trump's family members possess "personal knowledge" regarding his intentions during the speech, making their testimony and documents pertinent to the defamation claim. The filing, referencing evidence from a US congressional committee, states that Donald Trump Jr. and Ivanka Trump were present when their father revised and delivered the speech. It also notes that Jared Kushner drafted a proposed statement for Trump that would have condemned violence.

The BBC's filing requests court permission to serve the subpoenas via email and certified mail, citing unsuccessful attempts to deliver them by hand. According to the document, a BBC legal representative was denied entry at a police checkpoint while attempting to deliver a subpoena to Ivanka Trump and Jared Kushner at their Florida residence. The Secret Service subsequently informed the representative that the agency could not accept the subpoenas. Similarly, an attempt to serve a subpoena on Donald Trump Jr. at Trump Tower in New York was met with a concierge stating that the individual typically handling such documents might be at lunch. Two days later, during another attempt, the representative was informed that the "legal department" was unavailable.

President Trump's legal team has been contacted for comment, while the BBC press office declined to comment.

Last December, Trump initiated legal action against the BBC, along with its subsidiaries BBC Studios Productions and BBC Studios Distribution, concerning the 2024 "Panorama" episode. Filed in Florida, Trump's lawsuit accuses the BBC of "intentionally, maliciously, and deceptively doctoring" the speech he gave outside the Capitol on January 6, 2021. The BBC has apologized for an editing error that created "the mistaken impression that President Trump had made a direct call for violent action." However, the BBC has requested the court to dismiss the lawsuit, arguing that the program does not meet the legal criteria for defamation and was not made available on its US platforms.

Last month, Trump's lawyers conceded they lacked evidence that the documentary was accessible in the US via the BBC's BritBox subscription service, as initially claimed, or on BBC.com, BBC Select, or through US broadcasters. Trump also recently agreed to remove the BBC's commercial arm, BBC Studios, from his lawsuit, following the BBC's argument that the company "had no role in creating or producing the documentary."

Earlier this month, the presiding judge granted Trump's request for a delay in submitting financial documents to the broadcaster as part of the suit. The BBC had requested some of Trump's financial records in connection with his argument that the documentary harmed his business interests. The president's legal team contended that disclosing these financial records would cause him "irreparable harm."

A trial date has been set for February 2027, should the case proceed. BBC News operates with editorial independence from the broader corporation.