The BBC has been cleared by a judge to serve legal papers on Donald Trump’s children as part of its $10bn (£7.5m) court battle with the US president after it doctored one of his speeches.
The broadcaster believes Donald Trump Jr, Ivanka Trump and her husband Jared Kushner may have information that would help its defence against the US president’s defamation claim.
Mr Trump sued the BBC after The Telegraph revealed a Panorama documentary had spliced together two parts of a speech he had made in 2021, claiming it gave the impression he incited the Capitol riot.
According to court documents, the BBC tried to serve subpoenas on Ms Trump and Mr Kushner in Miami in May but was prevented from doing so by Secret Service officers guarding their home. The BBC also tried unsuccessfully to serve papers on Mr Trump Jr at Trump Tower in New York.
The BBC believes the US president’s children and son-in-law are likely to have “personal knowledge of possession of discoverable information” that is relevant to the case.
The BBC claims that both Ms Trump and Mr Trump Jr were present in the Oval Office when Mr Trump was revising the speech - AFP via Getty Images/Timothy A Clary
According to the Politico website, a judge has granted the BBC’s request to be able to serve papers on the three via email and registered post, rather than in person as is usually required, finding “no compelling reason” why it should not be allowed.
Ms Trump and Mr Kushner were both advisers to the US president when he made the speech in question, and the BBC has said that both Ms Trump and Mr Trump Jr were present in the Oval Office at the White House when Mr Trump was revising the speech.
Mr Trump’s legal team has described the BBC’s desire to serve subpoenas as “politically driven”.
The BBC has previously apologised to Mr Trump for misleading audiences by editing his speech but insists it did not defame him.
Its lawyers argue that the Panorama episode was not broadcast in the US, nor was it available online in the US.
Mr Trump claimed the way the speech was edited by Panorama made it seem as though he had urged his supporters to go to the Capitol and “fight like hell” when in fact it had spliced together two parts of the speech that were nearly an hour apart.
The Telegraph’s disclosure of the doctored speech led to the resignations of Tim Davie as director general and Deborah Turness as head of news.
Mr Trump’s defamation case is scheduled to be heard by a court in Florida next year