Trump Family May Face Depositions

Relatives of former President Donald Trump might be required to provide communications and face depositions in Trump’s $10 billion lawsuit against the BBC. This remains a possibility even if Trump successfully limits the examination of his business records. Deanna Shullman, a lawyer with expertise in defamation cases, indicated that family members possessing pertinent information about alleged damages or the accuracy of the contested portrayal by the BBC could be targeted for discovery.

They could be deposed, but they could also be asked to produce documents like their correspondence with the president. They may be asked to produce documents related to the truth or falsity of the statement at issue. They may be asked to produce communications with the president, and they may be deposed. I think it is fair game.

This development comes as Judge Roy Altman temporarily halted an order requiring Trump to disclose the financial performance of his businesses. Altman is assessing Trump’s request to change his claim to focus solely on reputational harm. The proposed amended complaint remains sealed.

The Lawsuit Details

Trump’s lawsuit against the BBC arises from its editing of his January 6, 2021, speech in a documentary aired before the 2024 presidential election. Trump seeks $5 billion for alleged defamation and another $5 billion under Florida’s law against unfair trade practices. The BBC apologized for the misleading edit but maintains it did not defame Trump. Legal expert Howard Wasserman mentioned that Trump’s relatives could become witnesses if they possess relevant case-related information.

There should not be anything sacrosanct about them, to the extent they possess relevant information to the case. They are potential non-party witnesses with knowledge of the business, just like many people, including members of the parties’ families, are non-party witnesses to cases all the time.

Trump’s Financial Dispute

The dispute began with Trump’s allegations in his initial complaint, claiming the documentary caused significant economic harm and damaged his business and personal brand. The BBC demanded financial records to assess whether Trump’s business suffered due to the documentary and if his damages claims were justified. A subpoena requested records from the Donald J. Trump Revocable Trust concerning its holdings and performance. Judge Lett ruled that Trump’s business interests were at issue due to the alleged economic injury but limited the scope of documentation required.

Attempt to Amend the Complaint

Trump sought to amend his complaint, removing claims of business damage to avoid financial disclosure. His attorneys argued for a narrowed scope of the case, focused on reputational harm. The court’s decision on his amendment request will hinge on whether the judge allows it and separates his reputational claim from his business interests. Shullman noted that even if financial disclosure is avoided, family members’ testimonies could still be relevant.