Chief U.S. District Judge James Boasberg told parties he finds the BBC's arguments persuasive and that the broadcaster has a reasonable chance of obtaining unredacted executive-privilege rulings from the Jan. 6 special counsel probe if those opinions are shown to be necessary for a Florida defamation case. The BBC says the rulings could undercut Donald Trump's $10 billion suit over a documentary it admitted misedited parts of his Ellipse speech. DOJ counsel Jeremy Newman urged waiting to see how Florida judges rule and recommended denying the Washington petition without prejudice to avoid premature intrusion into grand-jury secrecy.
Judge: BBC Has 'Convincing Arguments' To Get Unredacted Jan. 6 Rulings — Florida Outcome Still Unclear
President Donald Trump speaks during an event with Republican lawmakers in the Rose Garden of the White House, Wednesday, Sept. 2, 2026, in Washington (AP Photo/Alex Brandon).
The BBC appears to have persuasive legal grounds to obtain unredacted executive-privilege rulings from the Jan. 6 special counsel proceedings — records the broadcaster says could undercut former President Donald Trump's $10 billion defamation suit in Florida. But Chief U.S. District Judge James Boasberg made clear that disclosure will likely depend on how related issues play out in the Florida court.
What Happened
At a Sept. 3 hearing in Washington, D.C., the transcript shows Judge Boasberg told parties the BBC had "made convincing arguments" and had a "decent chance" of securing the opinions it seeks, provided those rulings are shown to be necessary to resolve matters in the Florida litigation. The Washington hearing has since been flagged to U.S. District Judge Jeffrey Kuntz and U.S. Magistrate Judge Enjoliqué A. Lett in Florida.
Why the BBC Wants the Rulings
The BBC is defending a $10 billion defamation claim filed by Trump over the documentary Trump: A Second Chance, which the broadcaster acknowledged mistakenly gave the impression that Trump directly called for violent action on Jan. 6 by splicing excerpts of his Ellipse speech out of sequence. The BBC asked Boasberg to unseal, "to the greatest extent possible," a series of executive-privilege determinations issued during Special Counsel Jack Smith's grand jury probe that remain largely redacted in public filings.
Targeted Witnesses and the BBC's Pitch
Attorney Maxwell Mishkin told the court the BBC seeks unredacted determinations as to six witnesses: Ivanka Trump, Donald Trump Jr., Cassidy Hutchinson, Greg Jacob, and former White House lawyers Eric Herschmann and Pat Cipollone. Mishkin emphasized that the redacted opinions show the legal questions were asked and answered, but the fact-specific rationales tied to each witness remain hidden from the Florida judges.
“We can see from the redacted opinions that those questions have been asked and answered,” Mishkin said, arguing the magistrate and district judges in Florida need the unredacted material to evaluate privilege claims defendants may attempt to recycle.
Judge Boasberg's Position
Boasberg expressed sympathy for the BBC’s position, noting the potential unfairness of a situation in which a news organization defending its reporting is blocked from discovery that could justify its work. But he repeatedly said he would not authorize release unless and until the executive-privilege issue is "crystallized" in Florida — in other words, until a Florida judge indicates the unredacted materials are necessary to resolve a pending motion.
“I think you have made a solid case for such release if they are necessary,” the judge said, referencing the legal standard that requires a showing of need to avoid possible injustice in another proceeding.
DOJ's Caution
Department of Justice attorney Jeremy Newman urged caution, recommending that the Washington court deny the petition without prejudice and wait to see whether the Florida judges request access. Newman stressed the importance of preserving grand-jury secrecy until disclosure is demonstrably necessary, while acknowledging the posture could change quickly if the Florida court signals a need.
Practical Hurdles
Mishkin also told the court the BBC has been unable to serve subpoenas on Trump’s eldest son and daughter, highlighting practical obstacles to obtaining evidence in the Florida case.
What Comes Next
For now, the path forward depends on developments in Florida. If a magistrate or district judge there determines the unredacted rulings are necessary to resolve outstanding motions, Boasberg indicated he would entertain a prompt request to lift redactions. Otherwise, the redacted opinions will likely remain sealed.
Key players: Chief Judge James Boasberg (D.C.), U.S. District Judge Jeffrey Kuntz (Florida), U.S. Magistrate Judge Enjoliqué A. Lett (Florida), Special Counsel Jack Smith, BBC counsel Maxwell Mishkin, DOJ attorney Jeremy Newman.
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