Kathmandu— United States President Donald Trump has appealed to a federal court to prevent the BBC from subpoenaing members of his family – Donald Trump Jr., Ivanka Trump, and Jared Kushner – as part of a $10 billion defamation lawsuit stemming from a documentary aired by the broadcaster. Lawyers for Trump argue the subpoenas represent a politically motivated attempt to expand the scope of the case beyond its narrow focus, while the BBC contends that testimony from these individuals could shed light on events surrounding the January 6th, 2021 attack on the US Capitol and establish whether Trump incited violence.

The Defamation Claim

The lawsuit originated in December when Trump announced he would sue the BBC over an episode of its *Panorama* series that examined his path to a second presidential term. The documentary focused, in part, on the events of January 6th, 2021 – the day Congress was set to certify the results of the 2020 election, which Trump falsely claimed was fraudulent. A segment of the episode combined two excerpts from a speech Trump gave that day, leading critics to argue the editing created a misleading impression that he directly called for violence.

BBC’s Pursuit of Testimony

The BBC is seeking testimony from Donald Trump Jr. and Ivanka Trump, who were present at their father's January 6th speech, as well as Jared Kushner, who served as a senior advisor to the president. Text messages released by Congress show that Donald Trump Jr. urged his father’s chief of staff to condemn the events unfolding at the Capitol, while the BBC claims Kushner drafted a statement for Trump condemning violence. The broadcaster argues this testimony is crucial to understanding Trump's state of mind and whether he intended to incite the attack.

Obstacles to Subpoena Delivery

The BBC has faced difficulties serving subpoenas to the three family members due to their US Secret Service protection details, who refused to accept the documents when attempts were made in May. The broadcaster is now requesting permission from the court to deliver the subpoenas via certified mail. Trump’s legal team alleges this constitutes “harassment” and a broader investigation beyond the scope of the defamation claim.

Executive Privilege Claims

Trump's lawyers are also arguing that interactions involving Ivanka Trump and Kushner are protected by executive privilege, given their roles as advisors to the president. This argument aligns with a recent Department of Justice memo asserting broad protections for presidential communications, even those with private individuals – a move critics fear will hinder government transparency. Senator Adam Schiff characterized the memo as an attempt to shield Trump from congressional oversight should Republicans lose control of Congress in upcoming elections.

The US district court in southern Florida has yet to rule on the BBC’s motion for subpoenas, and the broadcaster is also seeking to have the entire case dismissed on First Amendment grounds, arguing that Trump is attempting to stifle free speech.

(With inputs from Al Jazeera)

Originally published on abcnews.com.np.