Trump's lawyers challenge Jack Smith's testimony in BBC defamation lawsuit

Trump’s lawyers filed a motion on Tuesday to bar special counsel Jack Smith from being deposed in a defamation lawsuit that the BBC brought over the former president’s claims about the Jan. 6 Capitol attack, calling the request “entirely irrelevant.” The motion asks a federal court in Washington, D.C. to dismiss the subpoena and prevent Smith, who leads the Justice Department’s investigation into the riot, from testifying about the probe’s findings. The BBC’s legal team responded that denying Smith’s testimony would create a “fundamental injustice” and undermine the public’s right to know what the investigation uncovered.

The lawsuit stems from a 2023 BBC documentary that alleged Trump and his allies knowingly spread falsehoods that encouraged the Jan. 6 crowd to storm the Capitol. In response, Trump filed a defamation claim in federal court, arguing the network’s reporting damaged his reputation and business interests. The BBC, defending its reporting as protected journalism, has sought Smith’s deposition to establish whether the investigation corroborated the documentary’s assertions. Smith’s testimony could reveal internal deliberations, evidentiary standards, and any potential links between Trump’s public statements and the actions of the rioters.

Trump’s legal team says Smith is not a party to the case and that his investigative work is unrelated to the defamation claim, which they argue should be decided on the merits of the BBC’s reporting, not on the broader criminal probe. The BBC’s counsel, meanwhile, warned that excluding Smith would set a precedent that shields government officials from scrutiny in civil suits, effectively insulating the investigation from independent review. Legal analysts note that courts have sometimes required special counsel testimony in related civil matters, but they also caution that the privilege and independence of the special counsel’s office could limit the scope of any deposition.

A judge is expected to rule on the motion within the next few weeks. If the court allows Smith’s deposition, the BBC could use his answers to bolster its defense and potentially expose new evidence about the Jan. 6 events. If the request is denied, Trump’s defamation case may proceed without that insight, narrowing the factual record. The outcome could influence how future defamation actions involving high‑profile political figures intersect with ongoing criminal investigations, and it may shape the balance between press freedom and governmental accountability.