Donald Trump is so afraid of being questioned under oath about his role in the January 6, 2021, attack on the U.S. Capitol that his former lawyer predicts he could walk away from the $10 billion lawsuit he filed against the BBC rather than submit to a court-ordered deposition.
Ty Cobb, who served as a White House attorney during Trump’s first administration, told CNN’s Erin Burnett on Thursday that he expects Trump to either refuse to appear for questioning or walk out before it is finished — potentially setting up the dismissal of his lawsuit.
The legal fight centers on a BBC documentary that edited together portions of Trump’s January 6, 2021, speech in a way that made it appear he was calling for violence. The BBC acknowledged the editing error and brought in new leadership, but it disputes Trump’s claim that the mistake amounted to defamation.
Now, Trump must answer questions under oath if he wants his lawsuit to move forward.
“They’re trying to get his deposition, which they’re entitled to, or the case will be dismissed,” Cobb said.
U.S. Magistrate Judge Enjoliqué Lett has ordered Trump to sit for a deposition by December 11 or face the possibility of his case being dismissed. The deposition will be recorded on video, but the recording will not be released publicly.
Cobb doesn’t expect Trump to cooperate.
“Trump will never sit for it. He’s likely to refuse to go,” Cobb said. “If he does go, he’ll walk out in the middle and the case will ultimately get dismissed” unless the BBC receives his full testimony.
Cobb argued that the lawsuit may be backfiring on Trump because the BBC is refusing to settle.
Trump has sued multiple media organizations over coverage he claims is defamatory. Cobb characterized some of those cases as lawsuits over stories Trump disliked, even when the reporting was truthful. In this case, he said, Trump appears to have expected the BBC to cave and pay him rather than fight the legal battle.
That hasn’t happened.
“Trump has dragged it out. He’s the plaintiff in the case. He’s the one that invented these claims,” Cobb said.
Trump was scheduled to give a deposition earlier this month but canceled, citing a “matter of national importance.” Later that day, he held a campaign rally in Georgia.
The missed deposition adds to the pressure on Trump to comply with the court’s latest order. As the plaintiff, he is pursuing the case — and the court has made clear that he cannot simply avoid providing testimony the BBC is entitled to seek.
Cobb’s prediction is that Trump will refuse to go through with it, either by skipping the deposition entirely or leaving before completing it. If that happens, the judge could sanction Trump and dismiss the lawsuit.
Watch Cobb’s interview below:
