
It wouldn’t be a gross exaggeration to say that Donald Trump is a litigious man.
He sues at the drop of a hat and, according to those who used to do business with him, doesn’t mind being sued. They testify that “Sue me” was his stock response to any disagreement, especially when he was in the wrong and dealing with opponents whose pockets weren’t as deep as his.
Many took Trump at his word. Between 1973 and 2016, he and his businesses fought over 4,000 legal cases in federal and state courts, including battles with casino patrons, million-dollar property lawsuits, personal defamation lawsuits and over 100 business tax disputes.
I don’t know whether this amounts to a world record, but one thing is indisputable: Trump knows his way around courthouses. That’s why his threat to sue the BBC for up to $5 billion ought to be taken seriously.
The bone of contention is a BBC Panorama broadcast in which Trump’s 2021 speech was cut and pasted to make it sound as if he urged his supporters to march on the Capitol and “fight like hell”. Edited out was a section where Trump told his fans to demonstrate peacefully.
When Trump screamed bloody murder, or rather “reputational and financial harm”, the BBC apologised for that “error of judgement”, promised never to air the episode again, but refused to offer compensation. Hence the lawsuit may be on, making the questions in the title above relevant.
The UK’s one-year deadline to bring a defamation suit expired long ago. That’s why Trump said he’d file “someplace in the US”, probably Florida.
That means American criteria, more restrictive for plaintiffs than in Britain, will apply, and the BBC has already laid out its line of defence.
Trump would need to prove that the content aired was factually wrong and defamatory; that he suffered harm as a result; and that the BBC knew the video was false and hence acted with “actual malice”. According to the Beeb’s lawyers, he’d be on a losing wicket.
First, since the episode didn’t run anywhere in the US, it couldn’t possibly harm Trump. Second, it demonstrably didn’t harm Trump since he was elected anyway. Third, there was no malice involved, just the innocuous desire to shorten the speech.
I’m not qualified to judge the legal niceties involved, but on a purely logical level those arguments appear weak.
First, there is something touchingly retro about the BBC’s claim that whatever is aired in the UK can’t be watched in the US. Surely the Corporation must be aware of the Internet, YouTube, social media and other such newfangled innovations?
Second, reputational damage to a public figure acting on the global stage is real no matter where it was suffered. Even assuming that no Americans saw the show, Trump’s ability to negotiate with, say, other NATO members may be diminished if he is seen as a chap who tried to foment insurrection in a democratic country.
That he was elected anyway is God’s own truth, but that’s like saying that firing a gun at a man is perfectly fine as long as he doesn’t die of his wounds.
As for ideologically inspired malice, I don’t know how hard it is to prove. However, I could take a decent shot at showing that the BBC is a consistent mouthpiece of Left-wing propaganda and, as such, loathes everything Trump stands for. And surely a professional news organisation could have shortened Trump’s speech without making him sound like the Pancho Villa of DC?
At the time the show aired, various ‘liberal’ media were flogging the idea that Trump sought to undermine democracy by having his fanatical stormtroopers take over the Capitol, oust the elected representatives, lynch Biden and install Trump as dictator.
Against that noisy background, the BBC’s “error of judgement” takes on a different dimension, that of besmirching the reputation of a presidential candidate and branding him for ever as an aspiring dictator. This doesn’t strike me as a particularly hard point to argue logically if not forensically, but I did say I’m no legal expert.
If I were the BBC, I’d launch a different defence, either in addition to the points it has made already or instead of them. My defence would pivot on connotation, not denotation – not only the literal meaning of Trump’s words but also the likely inference his fans took out.
Knowing as I do some MAGA fanatics personally, they were likely to suffer from selective hearing. When Trump said something to the effect of “let’s march on the Capitol, demonstrate peacefully and fight like hell”, they probably didn’t hear the middle entreaty or else thought Trump didn’t really mean it.
When Henry II said to no one in particular “Will no one rid me of this turbulent priest?”, he might not have meant that the knights within earshot should ride down to Canterbury and murder Becket. But they did anyway.
For four years, from 2020 to 2024, Trump was screaming at anyone willing to listen, and quite a few of those who weren’t, that the Democrats had stolen the 2020 election from him. Regardless of whether or not that was true, his shrieks injected enough electricity into the air to galvanise his fanatical supporters into action – even against his explicit wishes.
This is a reminder of something that’s obvious to me: the style of politics is as important as its substance – and the style can nullify the substance. That’s why I demur whenever Trump is described as a conservative.
He isn’t. He is a Right-wing radical who promotes some conservative ideas. Apart from his madcap urge to wage a trade war on the world, most of his domestic policies strike me as sound. I wish we could borrow some of them, such as his struggle against wokery, net zero idiocy and illegal immigration.
But in promoting his conservative policies, Trump displays his anti-conservative traits, which I fear may eventually undermine his initiatives by causing an equally radical Left-wing reaction.
There is no doubt that America, along with every other Western nation, is badly in need of conservative reforms. But if such reforms are to have a lasting value beyond any short-term gains, they ought to be introduced in a conservative way: incrementally, prudently and, if possible, quietly.
Trump is incapable of any such moderation. His natural language is that of tasteless, loudmouthed demagoguery, which makes people want to disagree with him even when they think he makes sense. That sort of politicking divides the population into friends and foes, two extremes who are always at daggers drawn.
Trump’s political style exposes him to the same dangers that proved the undoing of many other radical movements. They tend to attract fire-eating zealots who put their minds on hold and respond to shamanistic shrieks, not so much to the underlying arguments.
Demagogues like Trump exude powerful energy that whips up fanaticism in his supporters, turns politics into a cult, and even solid ideas into mere slogans one can scream at the top of one’s voice.
Before long, MAGA, like many other radical movements in the past, will break up into three factions: those who think it’s too radical, those who think it isn’t radical enough, and those who think it’s radical in a wrong way. That fate befell all other revolutions, and a revolution is what Trump is undertaking.
French, Russian and Nazi German revolutionaries, having got rid of the offensive establishment (‘deep state’ in MAGA speak), started to kill one another. Once the genie of radicalism is let out of its bottle, it’ll refuse to go back in. (It’s only on this issue that I equate Trump with those others, by the way.)
That’s the kind of atmosphere Trump has created in what Americans call their conservative movement, and one can already see MAGA fracturing. The signs are everywhere: the breakup between Trump and Musk, the bitter clashes between the late Charlie Kirk and Nicholas Fuentes, the apostasy of Marjorie Taylor Greene.
And of course the passions of the loathsome Left are running as febrile as those of the righteous Right – this is the common ground on which all radicals converge. In the process, enough electricity has been generated in the political atmosphere to heat up debate for a generation at least.
It’s against that background that I’d launch the BBC’s defence if I were its lawyer. I don’t know whether it would carry the day, and I suspect the BBC can win without my help. But I hope Trump sues and the BBC loses.
That organisation consistently violates its Royal Charter, which states that “The Mission of the BBC is to act in the public interest, serving all audiences through the provision of impartial, high-quality and distinctive output and services which inform, educate and entertain.” Impartial? High-quality? Distinctive? Instead of informing and educating, the BBC brainwashes and indoctrinates.
Trump will never collect the astronomical sums he mentions even if he wins, but if he manages to pin the BBC’s ears back, he’ll be doing us all a service. Good luck to him – even if his taste in interior decoration runs towards the aesthetic excellence of a Turkish bordello.
(No, Penelope, I’ve never been to one; this is just a figure of speech.)








