Topline
The BBC asked a federal judge Friday to allow it to subpoena President Donald Trump’s children and son-in-law as part of Trump’s defamation lawsuit against the broadcaster, arguing Ivanka Trump, Donald Trump, Jr. and Jared Kushner can share information that’s relevant to the case—but their Secret Service protection has so far blocked the BBC from serving the trio.
Jared Kushner, Ivanka Trump and Donald Trump Jr. arrive at President Donald Trump’s inauguration at the U.S. Capitol on January 20, 2025.
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Key Facts
The BBC filed a request in the defamation case asking the court to let the broadcaster subpoena Trump’s family for testimony, noting the court has to grant permission for them to be subpoenaed though “alternative methods” because they all have Secret Service protection that’s kept them from being served in person, as is typically required.
Trump has sued the BBC for defamation over how it edited his Jan. 6 speech in a 2024 documentary, arguing the broadcaster was intentionally trying to defame him by editing his comments to sound like he wanted to incite violence.
The BBC argued Friday that Ivanka Trump, Donald Trump Jr. and Kushner have “personal knowledge” that could help determine what Trump’s “intention behind the speech” was, as the defamation case hinges on whether it’s “materially false to imply that [Trump] incited violence on January 6.”
Ivanka and Don Jr. were with Trump when he was revising and delivering the speech, the BBC notes, while Kushner drafted a statement for Trump about the Jan. 6 riot—which wasn’t issued—that would have condemned the violence.
Trump’s family would also be able to speak to Trump’s “reputation before and after the Documentary,” as the president has alleged the BBC’s documentary caused harm to his personal reputation.
A spokesperson for Trump’s legal team has not yet responded to a request for comment, but the BBC notes in its filing that the president’s lawyers oppose the subpoena request.
BBC Argues It’s Tried—And Failed—To Subpoena Trump’s Kids
The BBC submitted its filing Friday after saying it previously tried to subpoena Trump’s kids in person and failed, citing the fact they all have Secret Service protection. Law enforcement officers prohibited the BBC from serving Kushner and Ivanka Trump at their home in Florida and directed the broadcaster to go through the Secret Service, and the broadcaster was also blocked from serving Donald Trump Jr. at Trump Tower in New York City. The Secret Service, meanwhile, allegedly told the BBC it “is not authorized to accept service of these subpoenas for these individuals, nor can we opine on how you all may best facilitate or effectuate service of these subpoenas.” As a result, the BBC asked the court to allow the subpoenas to be issued through “alternative means,” such as by certified mail or notifying their attorneys.
What to Watch for
It’s unclear when the court will issue a ruling on the subpoenas, or when any depositions could take place. Trump’s lawsuit against the BBC is moving forward after the president submitted an updated complaint to the court last week, which narrows the scope of Trump’s defamation claims. The president had previously claimed the BBC’s documentary harmed his brand and business as well as his personal reputation, but took out those claims after the BBC used them as a reason to issue a subpoena for Trump’s financial documents.
Tangent
The debate over the subpoenas in the BBC case comes as the two sides are also still disputing what financial information Trump has to turn over in the case. The BBC initially asked the trust holding Trump’s assets to turn over a vast variety of financial information showing the value of the trust, its assets and some 400 businesses connected to Trump, in order to show whether he was actually hurt financially by the BBC documentary. Since the president has now narrowed his lawsuit to only cover his reputation, it’s possible the court could determine many of those documents now no longer have to be turned over, but the matter still has to be litigated. The BBC has previously claimed in hearings that Trump’s personal reputation is inextricably tied to his business interests and thus that information is still relevant, Politico reports.
Key Background
Trump sued the BBC for defamation in December, asking for $10 billion in damages over its 2024 “Panorama” documentary. The documentary, which did not air in the U.S., quoted the president as telling supporters on Jan. 6, “We’re going to walk down to the Capitol… and I’ll be there with you. And we fight. We fight like hell.” In actuality, Trump said, “We’re going to walk down to the Capitol, and we’re going to cheer on our brave senators and congressmen and women.” He then made the comment to “fight like hell” more than 50 minutes later. The BBC has apologized to the president for the editing job, saying it gave “the mistaken impression that President Trump had made a direct call for violent action,” but has strongly denied it was defamatory and has asked the court to dismiss Trump’s case.
Further Reading
Court Lets Trump Narrow BBC Lawsuit So He Can Keep Hiding Financial Information (Forbes)
Trump Tries To Keep Financial Information Hidden From BBC In Emergency Filing (Forbes)