The BBC is seeking to subpoena three members of ’s family as part of his $10 billion defamation lawsuit against the British broadcaster over its handling of his 6 January, 2021, speech.
BBC seeks testimony from Trump Jr, Ivanka and Kushner in defamation battle
The network wants to question Trump’s son Donald Trump Jr, daughter and son-in-law Jared Kushner, arguing that all three have relevant knowledge about the president’s intentions when he addressed supporters at the Ellipse as the attack on the US Capitol was beginning.
In court filings, lawyers for the BBC said the three family members “without question have personal knowledge” about Trump’s intentions when he delivered the speech at the centre of the lawsuit.
The president’s lawsuit concerns a BBC documentary broadcast in the UK in 2024. Trump alleges that the programme defamed him by editing together separate sections of his 6 January speech in a way that made it appear he was endorsing violence against the .
The BBC has apologised for the editing but maintains that the mistake does not provide a valid basis for Trump’s lawsuit.
The broadcaster’s lawyers are relying in part on testimony gathered by the House committee that investigated the 6 January attack. They say Donald Trump Jr. and Ivanka Trump were present while the president revised his speech and were also at the when he delivered it.
The BBC also says Kushner drafted a proposed statement for Trump condemning the violence. The seek both deposition testimony and documents considered relevant to the case.
The effort to serve the subpoenas has already faced obstacles. Court filings indicate that the BBC attempted to serve subpoenas at Kushner and Ivanka Trump’s Miami home in May, but police prevented the attempt.
Troy Epstein, a lawyer for the US Secret Service, subsequently told the BBC’s lawyers by email that the agency could not accept the subpoenas on behalf of the family members.
“The United States Secret Service, as an agency of the United States Government, is not authorised 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,” Epstein wrote.
A separate attempt to serve Donald Trump Jr at the Trump Organization’s offices in , New York, was also unsuccessful.
In a motion filed on Friday in federal court in Miami, BBC lawyers said Trump’s legal team had also declined to accept the subpoenas. The broadcaster is now asking the court either to authorise service by mail or to determine that serving the subpoenas through President Trump’s lawyers would be sufficient.
The BBC argues that testimony from the three family members could help establish what Trump intended when he delivered the 6 January speech and provide evidence relevant to the defamation claims.
Representatives for Trump, the three family members and the president’s legal team did not immediately respond to requests for comment.
The court will now consider the BBC’s request concerning how the subpoenas can be served as the wider defamation case continues.
