The BBC has demanded that Donald Trump hand over his personal text messages in a £10bn (£7.5bn) defamation lawsuit over his alleged involvement in the January 6 riots in Washington.
The broadcaster’s lawyers are seeking to prove in court that the US president should be held responsible for encouraging his supporters to storm the US Capitol following his 2020 election defeat.
In their legal document, the BBC said: “In [his] lawsuit, President Trump claims that the BBC defamed him by editing his speech at the White House Ellipse on January 6, 2021 in a manner that he claims conveyed the allegedly false implication that he fomented the violence that followed at the Capitol.
“Thus, as the BBC explained and the government does not dispute, President Trump cannot prevail in his case if he cannot establish the falsity of that alleged implication.”
Calling it now! He changed his cell phone plan just like the secret service did right at the most convenient time ever wiping all messages.
Yeah, I remember when Bush deleted all of the emails, then shrugged and said “Ooopsie”
Yes but his use of a cell phone to send text messages on the day of 1/6/21 is well known and documented. He cannot claim he didn’t and his inability to produce them may result in a default judgement.
A default judgment is a step beyond what happens. A default judgment relates to a complete failure to engage in the process in any way (like failings to enter an appearance, failing to prescribe to the time periods for filing responsive pleadings, etc.) What a failure to produce because the document(s) (intentionally or negligently) no longer exist would be to create an adverse inference/presumption. This could lead to special jurry instructions, if it was material to the case, that weight against the bad actor.
Not that laws matter anymore but are his text messages while he’s president presidential records?