BBC asks US court to dismiss Trump's $10 billion defamation lawsuit

Litigation Reports

The BBC filed a motion Monday asking a U.S. court to dismiss President Donald Trump's $10 billion lawsuit against it, warning that the case could have a "chilling effect" on robust reporting on public figures and events.

The suit was filed in a Florida court, but the British national broadcaster argued that the court did not have jurisdiction, nor could Trump show that the BBC intended to misrepresent him.

Trump filed a lawsuit in December over the way a BBC documentary edited a speech he gave on Jan. 6, 2021. The claim seeks $5 billion in damages for defamation and a further $5 billion for unfair trade practices.

Last month a judge at the federal court for the Southern District of Florida provisionally set a trial date for February 2027.

The BBC argued that the case should be thrown out because the documentary was never aired in Florida or the U.S.

"We have therefore challenged jurisdiction of the Florida court and filed a motion to dismiss the president's claim," the corporation said in a statement.

In a 34-page document, the BBC also argued that Trump failed to "plausibly allege facts showing that defendants knowingly intended to create a false impression."

Trump's case "falls well short of the high bar of actual malice," it said.

The document further claimed that "the chilling effect is clear" when Trump is "among the most powerful and high-profile individuals in the world, on whose activities the BBC reports every day."

"Early dismissal is favoured given the powerful interest in ensuring that free speech is not unduly burdened by the necessity of defending against expensive yet groundless litigation, which would constrict the breathing space needed to ensure robust reporting on public figures and events," it said.

The documentary — titled "Trump: A Second Chance?" — was aired days before the 2024 U.S. presidential election.

The program spliced together three quotes from two sections of a speech Trump made on Jan. 6, 2021, into what appeared to be one quote, in which Trump appeared to explicitly encourage his supporters to storm the Capitol building.

Among the parts cut out was a section where Trump said he wanted supporters to demonstrate peacefully.

Trump's lawsuit accuses the BBC of broadcasting a "false, defamatory, deceptive, disparaging, inflammatory, and malicious depiction" of him, and called it "a brazen attempt to interfere in and influence" the 2024 U.S. presidential election.

The broadcaster's chairman has apologized to Trump over the edit of the speech, admitting that it gave "the impression of a direct call for violent action." But the BBC rejects claims it defamed him. The furor triggered the resignations of the BBC's top executive and its head of news last year.

Related listings

USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.

For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.

Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.

USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.