THE BBC is seeking to subpoena several members of Donald Trump's family as the broadcaster prepares its defence in a high-profile defamation lawsuit.
It is understood that the US president's two eldest children – Donald Trump Jr and Ivanka Trump – and son-in-law Jared Kushner are to be served with the legal summons.
The subpoenas would require them to give testimonies about their knowledge about the events of January 6, 2021, when pro-Trump rioters stormed the Capitol building in Washington DC in protest over the result and handling of the presidential election.
The move forms part of the defence being built by the BBC's lawyers in a defamation lawsuit tabled by the US president.
Trump filed the suit in December following the airing of the Panorama documentary Trump, A Second Chance?
His legal team says that the BBC edited parts of a speech made by Trump in a manner that misrepresented his actual remarks and made it appear as though Trump explicitly encourage the riots – something the president denies.
The BBC previously apologised for the edit – which also led to the resignation of the former director general and news CEO – but denied it was grounds for defamation.
The subpoena was authorised following a request by the BBC made on Friday. The broadcasters lawyers made the case that Trump’s children and son-in-law have, “without question”, knowledge of several incidents that took place on January 6.
According to documents filed in the United States District Court in Florida on Friday, the BBC claims the three family members “have personal knowledge and likely have possession, custody, or control of records relevant to multiple elements of Plaintiff’s claims against the BBC”.
The lawyers have claimed that these include a discussion between Trump and former vice-president Mike Pence where he sought to convince Pence to refuse certifying the 2020 election result. The BBC also believes that Kushner helped to draft a statement for Trump that would have condemned the use of violence at the Capitol.
It is understood that previous attempts to subpoena Trump and his family have failed due to the US secret service refusing access. Trump has reportedly "refused" requests to direct the Secret Service to accept the documents.
The BBC is now requesting the court’s help to serve the subpoenas “via any alternative methods” suggested by the court.
It has also suggested methods including authorising service by email, mail and notice to the witnesses’ lawyers.
