The BBC has accused Donald Trump of flouting court rules by failing to hand over documents in his $10 billion (£7.5 billion) defamation case against the broadcaster.
Lawyers for the corporation warn it would “experience extreme prejudice” if the US president “continues to disregard his discovery obligations”, given the legal timetable, and have asked the court to intervene.
They pointed out the ongoing delay related to records “that are not in dispute” and which Mr Trump had previously agreed to disclose.
Background to the case
Mr Trump is seeking substantial damages in a Florida court over the editing of a Panorama documentary from 2024 about the US Capitol riots.
In a Miami court filing lodged on September 25, the BBC’s legal team said it had written to Mr Trump’s counsel on September 21 “regarding plaintiff’s continued delays in producing records responsive to BBC discovery requests that are not in dispute – records that plaintiff agreed to produce in his initial responses to the BBC’s requests for production” in April and August.
The filing added: “The BBC specifically asked when it can expect to receive those documents.
“Plaintiff did not respond to this inquiry, just as he has failed to answer prior requests as to when the BBC can expect to receive his outstanding document productions.
“Plaintiff’s failure to respond to the BBC further underscores his deficiencies in the discovery process, as highlighted in the BBC’s motion, and underscores the need for resolution from this court.”
Document production details
It pointed out the BBC had already released records on 12 occasions, totalling more than 8,200 documents, covering upwards of 108,000 pages.
But the filing said Mr Trump “continues to refuse to provide any information on when he will make his second document production” and “whether the BBC can expect a regular, substantive, and rolling cadence of productions moving forward”.
Lawyers for the BBC say it is complying with its obligations and has released thousands of documents.
The filing went on: “The BBC is complying with its obligations in discovery.
“Plaintiff, however, has chosen to ignore the instructions of this court and his obligations under the rules.
“With the discovery cut-off of December 18 2026, the BBC will continue to experience extreme prejudice if plaintiff continues to disregard his discovery obligations, as is likely unless the court issues a firm order.
“The BBC therefore respectfully reiterates its request… that the court either set a hearing, or enter an order specifically providing that sanctions will issue to the plaintiff if he does not immediately comply with his discovery obligations.”
The president’s lawyers have been contacted for comment.
Legal disputes and documentary criticism
Mr Trump has previously sought to block the release of his financial records as he sought to change his complaint and so limit disclosure, although this appears to be a separate matter as the production of these documents was disputed.
Mr Trump originally alleged the Panorama episode, broadcast shortly before the 2024 presidential election he won, had caused him both reputational and financial injury.
He subsequently moved to narrow his complaint by dropping the claim of broader harm to his brand and businesses.
The documentary has faced criticism for giving the impression the US president 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 over an “error of judgment”, 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”.
It has also challenged the jurisdiction of a Florida court to hear the case given the programme was never aired in the state or the US.
