Trump's family could be deposed in his $10B BBC lawsuit, lawyers say

WASHINGTON, DC: President Donald Trump’s family could face questioning in his $10 billion lawsuit against the BBC as he tries to shield his business records.

Media lawyer Deanna Shullman told Newsweek on Saturday, August 8, that family members could be asked to provide communications with Trump and sit for depositions.

Trump's family members may become non-party witnesses

“They may be asked to produce communications with the president, and they may be deposed,” Shullman told Newsweek. “I think it is fair game.”

Shullman said relatives could have information relevant to the damages Trump is claiming as well as other issues in the lawsuit.

“I think it is quite possible that the family members will still have very relevant information about President Trump's damages,” she said. “They may also have relevant information about other issues in the case, truth being one of them.”

Howard Wasserman, a Florida International University law professor, agreed that Trump’s family could become part of the legal process.

“There should not be anything sacrosanct about them,” Wasserman said. “They are potential non-party witnesses with knowledge of the business, just like many people, including members of the parties’ families.”

Trump faces a tricky choice over damages

The potential questioning comes as Trump’s lawsuit centers on damages he says were caused by the BBC’s 2024 documentary about the January 6, 2021, Capitol riot. 

The BBC denies his allegations.

Trump argued in his complaint that the documentary caused “extensive economic harms” to his various brands.

Shullman said Trump could have a harder time keeping his finances out of the case if his amended complaint connects his personal reputation to his brands.

She called that situation “very tricky” for Trump.

But she said the reverse could also hold. “If the amendment disclaims all economic damages and really just focuses on mental health or emotional distress damages, the president may be successful in avoiding that discovery,” Shullman said.

BBC wants access to Trump's financial records

The BBC has argued that it needs access to Trump’s financial records to determine whether his complaint has merit.

Last week, District Judge Roy Altman temporarily paused an order requiring Trump to disclose financial holdings held by his family trust.

Shullman and Wasserman told Newsweek that the case now depends in part on whether a new complaint can separate Trump’s alleged reputational injury from his business interests.