The BBC wants to subpoena President Trump’s children, Donald Trump Jr. and Ivanka Trump, and son-in-law Jared Kushner for its defense in the president’s $10 billion defamation lawsuit.
Attorneys for the U.K. broadcaster argued that the family members, “without question,” have “personal knowledge and likely have possession, custody, or control of records” that would be relevant to the case, according to a Friday court filing.
Central to their argument is Mr. Trump’s Jan. 6, 2021, address to supporters before they stormed the Capitol.
The president’s defamation lawsuit stems from a 2024 BBC documentary, in which he alleges that editing spliced together distant parts of the speech to make it appear he endorsed an attack on the Capitol.
In response to the president’s threats of litigation, the BBC apologized for its editing a year after the documentary aired in the U.K., acknowledging an “error of judgment” that prompted executive resignations.
Despite the apology, the BBC has contested the lawsuit. The TV giant moved to dismiss the case, arguing that the program did not meet the legal threshold for defamation, was never broadcast or made available on its platforms in the U.S. and did not involve malicious intent.
Citing records and evidence compiled by the former House Jan. 6 Committee, BBC lawyers argue that the three Trump family members possess firsthand knowledge regarding the framing, intent and revisions behind the speech, as well as internal White House reaction as the violence unfolded.
The subpoenas seek both deposition testimony and relevant documents from them.
Lawyers wrote in their Friday filing that the BBC tried to serve the subpoenas to Mr. Kushner and Ms. Trump’s Miami residence but were redirected to the U.S. Secret Service.
A lawyer for the Secret Service, Troy Epstein, informed the BBC’s lawyers in May that the agency could not accept the subpoenas.
“The United States Secret Service, as an agency of the United States Government, 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,” Mr. Epstein wrote.
An attempt to serve Donald Trump Jr. at the Trump Organization’s Trump Tower offices in New York was also unsuccessful.
The BBC’s attorneys said that the president’s lawyers also refused to accept the subpoenas.
They are now requesting court authorization to deliver the subpoenas by mail or email.
“Though the problem that the BBC faces in attempting to serve subpoenas on the Third Parties is unusual, perhaps even novel, the solution is straightforward: this Court can and should authorize the BBC to serve the subpoenas via methods, other than personal service,” the attorneys wrote.
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