Trump requests court to protect family records from BBC defamation case investigation

Constitutional questions test judicial philosophy as Americans debate the role of unelected judges.

Source: Washington Examiner
1 min read
Why This Matters

A defamation case against a foreign broadcaster now has lawyers trying to drag Don Jr. , Ivanka, and Jared into deposition rooms, and Trump's team is saying enough. That's the actual dispute here, not some abstract argument about press freedom.

New Republican Times Editorial Board

Trump requests court to protect family records from BBC defamation case investigation
Image via Washington Examiner

President Donald Trump filed a motion on Friday to bar the BBC from subpoenaing his family members as part of the U.K. media company’s legal defense against Trump’s defamation lawsuit. In response to a motion from the BBC that asked the Florida federal court to allow subpoenas of Donald Trump Jr., Ivanka Trump, and Jared […]

How We See It

New Republican Times Editorial Board

A defamation case against a foreign broadcaster now has lawyers trying to drag Don Jr., Ivanka, and Jared into deposition rooms, and Trump's team is saying enough. That's the actual dispute here, not some abstract argument about press freedom. The BBC wants access to family members who weren't part of the editing decisions being sued over, and Trump's lawyers are asking a Florida judge to draw a line around that.

It's worth asking what the BBC thinks it's going to find. This is a defamation suit about how a documentary was edited and what it implied, not a case that turns on what Ivanka Trump said at Thanksgiving. Subpoenaing family members who have no operational role in the disputed broadcast looks less like a defense strategy and more like a pressure tactic, a way to make the lawsuit as personally miserable as possible for the plaintiff. Courts allow discovery to establish facts, not to give the defendant leverage over someone's kids.

None of this means Trump automatically wins the underlying case. Defamation suits against media outlets are hard to win in the US for good reason, and that's fine. But there's a difference between defending your reporting and turning discovery into an instrument of harassment against people who never appeared in the piece you're being sued over. If a British broadcaster wants to fight this case, it should fight it on the merits of what it aired, not by hauling in relatives for a fishing expedition.

The judge will sort out whether the subpoenas are proportional to the claims, which is exactly how this should be decided. But it's a little rich to watch a network insist it did nothing wrong in its editing while simultaneously demanding access to the plaintiff's entire family to prove it.

Commentary written with AI assistance by the New Republican Times Editorial Board.