President Donald Trump‘s lawyers are requesting an expedited deposition of media mogul Rupert Murdoch in the president’s $10 billion lawsuit against Murdoch and The Wall Street Journal, for fear that the 94-year-old won’t be around for the trial.
Attorneys for Trump requested a de bene esse deposition in a filing on Monday. Such a request is typically made when it’s believed that a person won’t be available to testify at trial. Noting the News Corp owner’s recent health scares and the distance between Murdoch’s home in New York and the U.S. District Court for the Southern District of Florida, the motion asks to get Murdoch’s version of events down in writing.
“Murdoch is 94 years old, has suffered from multiple health issues throughout his life, is believed to have suffered recent significant health scares, and is presumed to live in New York, New York,” the motion reads. “Taken together, these factors weigh heavily in determining that Murdoch would be unavailable for in-person testimony at trial.”
The motion requests a deposition within 15 days.
Trump filed a lawsuit against Murdoch, Wall Street Journal reporters and others on July 18, accusing the newspaper of defamation. The Journal had published an article alleging that Trump sent a “bawdy” birthday letter to Jeffrey Epstein, which included a drawing of a naked woman.
Trump has denied ever writing the letter, calling it “a fake thing.” Monday’s filing argues much the same.
“If the purported letter in the Article somehow actually exists, which it does not, and the Defendants have it in their possession, which they do not, Murdoch has easy access to it,” the filing says.
Trump’s attorneys state that Murdoch has an advantage over Trump because he has “access to all the information and documents” related to the article. “President Trump has very limited information.”
U.S. District Judge Darrin Gayles, who is presiding over the case, ordered Murdoch’s attorneys to respond by August 4.
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