He noted there was an agreed-upon date of Oct. 16, but that the Republican president canceled it for a “matter of national importance.” Tobin said Trump was in fact campaigning in Georgia that day.
“He was participating in party politics and prioritized that over sitting for the deposition,” Tobin said.
Lett said Trump must sit for a deposition by Dec. 11, or face sanctions up to dismissal of his lawsuit -– unless the discovery period was extended past Dec. 18.
Trump’s lawyers say Jack Smith ‘lacks personal knowledge’ of issues in the case
To bolster its defense, the broadcaster subpoenaed former special counsel Jack Smith earlier this month. Trump’s lawyers argued, in a joint filing asking for a hearing on the matter, that there was no good reason for Smith, who is not a party to the case, to appear.
“Smith lacks any personal knowledge regarding the issues in this matter,” they argued in the filing. “He was not present when President Trump’s January 6, 2021, speech … was made, nor did he participate in its preparation. Smith does not have any personal knowledge regarding President Trump’s state of mind at the time the Speech was given.”
Trump’s side also argued that “Smith’s testimony would be duplicative,” because he published he lengthy report on the events of January 6 and also testified for many hours. “The entirety of his testimony is publicly available,” it argued.
When will Trump sit for a deposition?
After weeks of silence, they wrote, “Plaintiff’s counsel responded on September 28, 2026, indicating that ‘the President is no longer available for his deposition on October 16 due to other matters of national importance’ and that counsel would ‘endeavor to provide you with a replacement date by the end of this week.’ He did not.”
They said they were then told that Trump “has no availability whatsoever for a deposition” before discovery is set to close on Dec. 18, and that Trump would instead make himself available the second or third week of January.
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Noveck reported from New York.
