The BBC has failed multiple times to serve Donald Trump's family members with legal orders in the US President's defamation case against the broadcaster. The US president is seeking 10 billion dollars (£7.5 billion) in a Florida court over the editing of a Panorama documentary from 2024 about the US Capitol riots.
Although the BBC had previously apologised for an “error of judgment” and accepted the editing of the programme gave “the impression of a direct call for violent action”, the broadcaster is seeking to have the case thrown out.
Attempts to subpoena family members
The national broadcaster has been attempting to subpoena Mr Trump's son, Donald Trump Jr; his daughter, Ivanka Trump; and son-in-law, Jared Kushner, to require them to give evidence, however, multiple efforts have failed so far.
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”. But attempts to serve them with subpoenas have so far been unsuccessful.
The BBC has said this is due to the fact that the trio are protected by the United States Secret Service as members of the sitting president’s immediate family. Although the BBC has said it has “endeavoured to resolve the issue” without seeking the Court’s assistance, it now requires an alternative way to serve the documents.
Refusals and obstacles
While it has claimed to have asked Mr Trump to accept service on behalf of his family members – he allegedly “refused”. He also “refused” requests to direct the Secret Service to accept the documents.
The document also detailed how law enforcement officers also “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 Mr Trump Jr at Trump Tower in New York was also “stopped” by security at the building. The constant security cordons surrounding the family have also left the BBC saying it would also “prevent any future attempts” to serve the papers.
Court request and background
It has also called its attempts to serve the subpoenas “unusual, perhaps even novel”, but called the solution “straightforward”. The organisation is now requesting the Court’s help to serve the subpoenas “via any alternative methods” suggested by the Court. It has also suggested methods including authorising service by email, mail and notice to the witnesses’ lawyers.
In suing the BBC, Mr Trump originally alleged the Panorama episode, broadcast shortly before the 2024 presidential election he won, had caused him both reputational and financial injury. The documentary has faced criticism for giving the impression Mr Trump had encouraged his supporters to storm the Capitol building on January 6 2021 after he lost the election to Joe Biden.
The allegations led the then-BBC director-general Tim Davie to announce his resignation. BBC chairman Samir Shah apologised on behalf of the broadcaster and accepted the editing of the programme “gave the impression of a direct call for violent action”. However, the broadcaster is seeking to have the case thrown out, warning of the “chilling effect” it would have on “robust reporting on public figures and events”.
