(Photo by Richard Baker / In Pictures via Getty Images)
LONDON - The BBC is seeking to have U.S. President Donald Trump’s $10 billion lawsuit against the British broadcaster dismissed, according to court filings.
The backstory:
Trump filed a lawsuit in December over the way the BBC edited a speech he gave on Jan. 6, 2021. The claim, filed in a Florida federal court, seeks $5 billion in damages for defamation and $5 billion for unfair trade practices.
RELATED: Trump sues BBC for $10 billion, accusing it of defamation for editing clips of his Jan. 6 speech
The speech took place before some of Trump’s supporters stormed the U.S. Capitol as Congress was poised to certify President-elect Joe Biden’s victory in the 2020 election that Trump falsely alleged was stolen from him.
This browser does not support the Video element.
Remembering January 6th: A LiveNOW look back
LiveNOW from FOX covered the Capitol Insurrection from beginning to end on January 6, 2021. Here is a recap of all the live events that occurred that historic day.
The BBC had broadcast the documentary — titled "Trump: A Second Chance?" — days before the 2024 U.S. presidential election. It spliced together three quotes from two sections of the 2021 speech, delivered almost an hour apart, into what appeared to be one quote in which Trump urged supporters to march with him and "fight like hell." Among the parts cut out was a section where Trump said he wanted supporters to demonstrate peacefully.
What they're saying:
The broadcaster has apologized to Trump over the edit of the Jan. 6 speech. But the publicly funded BBC rejects claims it defamed him. The furor triggered the resignations of the BBC’s top executive and its head of news.
RELATED: Video shows brawl between protesters at Jan. 6 anniversary rally
The broadcaster’s lawyers will argue that the BBC did not create, produce or broadcast the documentary in Florida and that Trump’s claim the documentary was available in the U.S. on streaming service BritBox is not true.
This browser does not support the Video element.
BBC apologizes to Trump, more top political headlines
We are now learning that the BBC has apologized to President Donald Trump over a misleading edit of his speech on Jan. 6, 2021. However, the news organization says it has not defamed him, rejecting the basis for Trump’s $1 billion lawsuit threat. LiveNOW’s Andy Mac and AP White House Reporter Will Weissert discuss this breaking news and the end of the government shutdown, the longest in United States history.
It will also argue that Trump has failed to "plausibly allege" the BBC acted with malice in airing the documentary.
Attorney Charles Tobin, for the BBC, said Trump can't prove actual damages because he won reelection by a commanding margin, and carried Florida by 13-point margin, better than his 2016 and 2020 performances. He said the documentary also couldn't have harmed his reputation because it aired after Trump was indicted by a federal grand jury over alleged efforts to overturn the 2020 election, including allegations he "directed the crowd in front of him to go to the Capitol."
What's next:
Papers filed Monday in U.S. District Court in Miami say the BBC will file a motion to dismiss the case on March 17 on the basis that the court lacks jurisdiction and Trump failed to state a claim.
RELATED: Jan. 6 rioters to be released from DC jail after Trump pardons
The BBC is asking the court to postpone discovery — the pretrial process in which parties must turn over documents and other information — pending a decision on the motion to dismiss. The discovery process could require the BBC to hand over reams of emails and other materials related to its coverage of Trump.
This browser does not support the Video element.
Democrats mark 5th anniversary of January 6th
Congressional Democrats marked the 5 year anniversary of the January 6th Capitol riot. Senate Minority Leader Chuck Schumer and House Minority Leader Hakeem Jeffries led the remarks. President Trump also spoke about the anniversary, casting blame on Democrats and the media.
"Engaging in unbounded merits-based discovery while the motion to dismiss is pending will subject defendants to considerable burdens and costs that will be unnecessary if the motion is granted," Tobin wrote.
If the case continues, a 2027 trial date has been proposed.
"As we have made clear previously, we will be defending this case," the BBC said Tuesday in a statement. "We are not going to make further comment on ongoing legal proceedings."
The Source: The Associated Press contributed to this report. The information in the story comes primarily from court filings submitted in U.S. District Court in Miami, which outline the BBC’s legal arguments and plans to seek dismissal of President Donald Trump’s lawsuit. This story was reported from Los Angeles.