Secret Service protection has complicated the BBC's attempts to subpoena Ivanka Trump and Jared Kushner as the broadcaster prepares its defence against Donald Trump's $10 billion (£7.5 billion) defamation lawsuit.
A process server visited the couple's Florida home in May but encountered Secret Service agents who said they were not authorised to accept the documents. A separate attempt to serve Donald Trump Jr at Trump Tower in New York was also unsuccessful.
The BBC has asked a federal court for permission to deliver the subpoenas through certified mail or other alternative methods. Trump's lawyers have urged the judge to reject that request, accusing the broadcaster of pursuing an overly broad and politically motivated investigation.
Secret Service Complicates Subpoena Effort
The Secret Service did not cancel or invalidate the subpoenas. However, the presence of federal agents prevented the BBC's process server from reaching Ivanka Trump and Kushner directly at their residence.
Because the agents declined to accept the documents on the couple's behalf, the broadcaster must either find another lawful way to complete service or obtain permission from the court to use an alternative.
Trump's legal team argued that the BBC should not be allowed to overcome the failed attempts by simply sending the documents through the post. It described the proposed subpoenas as a bid to gain 'politically-driven leverage' over the president.
US District Judge Jeffrey Kuntz in Miami had not ruled on the dispute at the time of writing. Kuntz, who was nominated to the federal bench by Trump, recently inherited the case from another judge.
Why the BBC Wants Family Testimony
The broadcaster claims Ivanka Trump, Kushner and Donald Trump Jr may possess information relevant to Trump's intentions before and during his speech on 6 January 2021.
Ivanka Trump and Donald Trump Jr were present during events surrounding the speech and communicated with members of the president's circle as violence unfolded at the US Capitol.
The BBC also says Kushner, then a senior White House adviser, helped draft a proposed statement that would have condemned the violence.
Its lawyers argue that this information could help establish what Trump intended his audience to understand and whether the disputed documentary materially misrepresented his message.
Trump's legal team maintains that the case concerns only the BBC's decision to splice together two sections of his speech delivered nearly 55 minutes apart. It says inquiries into his family's private communications go far beyond that narrow question.
Trump Drops Business-Damage Claim
The subpoena battle comes as Trump has dropped his allegation that the BBC documentary caused financial harm to his businesses and brands.
That change means he will no longer have to disclose extensive company financial records requested by the broadcaster to test the claimed commercial losses.
Trump will continue seeking personal damages for alleged reputational harm. Dropping the business claim therefore narrows the evidence at issue but does not end the lawsuit or automatically prevent the BBC from questioning witnesses about his public reputation.
The decision also leaves the judge to determine how much information the broadcaster can seek from Trump's family under the remaining allegations.
$10 Billion BBC Case Continues
Trump sued after the BBC's Panorama documentary combined separate passages from his speech, creating the impression that they were delivered consecutively.
The BBC apologised for the misleading edit and removed the programme from its platforms. However, it denies that the mistake legally defamed Trump and has pledged to defend the case.
Trump alleges that the editing intentionally distorted his remarks and was designed to influence the 2024 presidential election. The BBC disputes those claims.
A trial has provisionally been scheduled for February. Before then, Kuntz must decide whether the BBC can serve Ivanka Trump, Jared Kushner and Donald Trump Jr by mail and potentially compel them to provide documents or testimony in their father's lawsuit.
