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Evening Standard
Evening Standard
Michael Howie

BBC files to dismiss Trump's $10bn lawsuit over Panorama 'fight like hell' clip

The BBC will fight to have Donald Trump’s $10billion defamation lawsuit over a Panorama programme edit dismissed, court documents show.

Panorama faced criticism late last year over an episode broadcast in 2024, for giving the impression the US president had encouraged his supporters to storm the Capitol building in 2021.

In the episode, a clip from Trump’s speech on January 6 2021 was spliced to show him saying: “We’re going to walk down to the Capitol… and I’ll be there with you. And we fight. We fight like hell.”

Trump is seeking up to $10bn (£7.5bn) in damages in response to the editing of the speech, with his lawyers claiming it was “false and defamatory”.

The BBC has filed court papers in an attempt to have Mr Trump’s lawsuit dismissed (James Manning/PA)

The BBC will file a motion to dismiss, claiming the Florida court lacks “personal jurisdiction” over them, the court venue is “improper” and that Trump has “failed to state a claim”, documents filed late on Monday evening UK time revealed.

The corporation will argue that it did not create, produce or broadcast the documentary in Florida and that Trump’s claim that the documentary was available in the US on streaming service BritBox is not true.

“Simply clicking on the link that plaintiff cites for this point shows it is not on BritBox,” the broadcaster’s lawyers said in court documents.

It will also claim the president has failed to “plausibly allege” the BBC published the documentary with “actual malice”, which public officials are required to show when filing suit for defamation in the US.

The broadcaster has asked the court “to stay all other discovery” – the pre-trial process in which parties gather information – pending the decision on the motion.

In asking for discovery to be delayed, lawyers for the BBC said:  “The plaintiff will seek broad, objectionable discovery on the merits, implicating the BBC’s entire scope of coverage of Donald J Trump over the past decade or more and claiming injury to his entire business and political profiles.”

A 2027 trial date has been proposed should the case continue.

The BBC has been approached for comment.

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