The BBC is seeking to subpoena Donald Trump Jr, Ivanka Trump and Jared Kushner in its defense against a $10 billion defamation suit brought against the broadcaster by President Donald Trump.
In court filings yesterday, the BBC alleges that Trump’s son Donald Jr., daughter Ivanka and son-in-law Kushner have “personal knowledge” of the president’s intentions when he gave a speech just before the 2021 January 6th Capitol riots. Trump is suing the broadcaster for what he claims was its intentional, malicious and deceptive “doctoring” in its presentation of the speech.
The BBC has apologized for an editing error that gave “the mistaken impression that President Trump had made a direct call for violent action”.
In the filing yesterday, the broadcaster says that Donald Trump Jr and Ivanka Trump were present when the president revised and delivered his speech, and that Kushner drafted a proposed statement condemning the use of violence.
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The BBC also is requesting permission to serve the subpoenas bia email and certified mail because previous attempts to serve the papers in person were unsuccessful. In one instance, for example, a BBC legal representative attempted to deliver a subpoena for Ivanka Trump and Kushner at their home in Florida but was refused entry at a police checkpoint. The rep, the filing says, was later told by the Secret Service that the agency could not accept the subpoenas.
In another instance outlined in the filing, a BBC rep attempted to serve a subpoena for Donald Trump Jr at Trump Tower in New York but was rebuffed by a concierge.
The filing states, “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, that are ‘reasonably calculated to ensure receipt of the subpoena by the witness[es].’”
A trial date of February 2027 has been scheduled in the case.