A federal judge has ordered the Trump administration to cancel the remainder of a taxpayer-funded television advertising campaign promoting the president's political agenda, even as the government insisted the ad blitz was already coming to an end.
US District Judge Jennifer Rochon of the Southern District of New York granted a temporary restraining order on Sunday night, October 11, directing the administration to halt any further airings of the challenged ads as of 6:45 p.m. ET. The order, which runs for two weeks, also bars the government from entering into, renewing, or expanding any agreement covering the development, creation, or airing of similar advertisements.
A $20 million campaign draws a legal challenge
The campaign drew roughly $20 million in taxpayer money from the Department of Homeland Security, which classified the commercials as "public service announcements." The ads promoted the administration's immigration enforcement and border security policies and aired in the weeks leading up to the November 3 midterm elections.
A coalition led by the nonpartisan watchdog group Common Cause, along with a public employees' union and a candidate for Alabama state representative, sued in New York federal court, arguing the ads were political propaganda designed to benefit Republican candidates rather than genuine public messaging. Legal experts cited a federal statute barring the use of congressionally appropriated funds for "publicity or propaganda," and said the spending may have violated other laws as well.
According to a sworn declaration from senior DHS official Holly Mehringer, the advertising firm LMD Agency Inc. purchased media buys through Sunday, October 11, at an approximate cost of $19 million. The Justice Department argued in a court filing late Saturday that the temporary restraining order was unnecessary because the campaign was ending anyway. Judge Rochon disagreed, ruling that the timing did not make the lawsuit moot.
Backlash and a presidential reversal
The campaign had already drawn criticism from lawmakers on both sides of the aisle when it launched late last month. On October 5, President Donald Trump acknowledged the backlash and said he had decided to fund the so-called "Patriotic Ads" himself, including through money raised by his super PAC, MAGA Inc. But six days later, taxpayer-funded spots were still airing.
Democracy Forward, the nonprofit legal organization representing the plaintiffs, welcomed the ruling. "There is no legal justification — and no precedent — for the president to use the machinery of the government and funds set aside by Congress for other uses to influence electoral outcomes that further his own agenda," the group said in a statement.
Common Cause president and chief executive Virginia Kase Solomon said the organization would not stop until "no president from any party can waste and abuse taxpayer funds for propaganda ever again." The White House did not immediately respond to a request for comment on Sunday night, though Trump later said he considered the ads a "positive promotion for our great USA" while insisting they would no longer be funded by taxpayers. His political action committee will not reimburse the Treasury for the roughly $19 million already spent.
Sources:
CNN: Judge orders Trump to halt taxpayer-funded ads with hours left in administration's push
Associated Press via WVLT: Judge orders the Trump administration to cancel taxpayer-funded promotional TV ads
US District Judge Jennifer Rochon of the Southern District of New York granted a temporary restraining order on Sunday night, October 11, directing the administration to halt any further airings of the challenged ads as of 6:45 p.m. ET. The order, which runs for two weeks, also bars the government from entering into, renewing, or expanding any agreement covering the development, creation, or airing of similar advertisements.
A $20 million campaign draws a legal challenge
The campaign drew roughly $20 million in taxpayer money from the Department of Homeland Security, which classified the commercials as "public service announcements." The ads promoted the administration's immigration enforcement and border security policies and aired in the weeks leading up to the November 3 midterm elections.
A coalition led by the nonpartisan watchdog group Common Cause, along with a public employees' union and a candidate for Alabama state representative, sued in New York federal court, arguing the ads were political propaganda designed to benefit Republican candidates rather than genuine public messaging. Legal experts cited a federal statute barring the use of congressionally appropriated funds for "publicity or propaganda," and said the spending may have violated other laws as well.
According to a sworn declaration from senior DHS official Holly Mehringer, the advertising firm LMD Agency Inc. purchased media buys through Sunday, October 11, at an approximate cost of $19 million. The Justice Department argued in a court filing late Saturday that the temporary restraining order was unnecessary because the campaign was ending anyway. Judge Rochon disagreed, ruling that the timing did not make the lawsuit moot.
Backlash and a presidential reversal
The campaign had already drawn criticism from lawmakers on both sides of the aisle when it launched late last month. On October 5, President Donald Trump acknowledged the backlash and said he had decided to fund the so-called "Patriotic Ads" himself, including through money raised by his super PAC, MAGA Inc. But six days later, taxpayer-funded spots were still airing.
Democracy Forward, the nonprofit legal organization representing the plaintiffs, welcomed the ruling. "There is no legal justification — and no precedent — for the president to use the machinery of the government and funds set aside by Congress for other uses to influence electoral outcomes that further his own agenda," the group said in a statement.
Common Cause president and chief executive Virginia Kase Solomon said the organization would not stop until "no president from any party can waste and abuse taxpayer funds for propaganda ever again." The White House did not immediately respond to a request for comment on Sunday night, though Trump later said he considered the ads a "positive promotion for our great USA" while insisting they would no longer be funded by taxpayers. His political action committee will not reimburse the Treasury for the roughly $19 million already spent.
Sources:
CNN: Judge orders Trump to halt taxpayer-funded ads with hours left in administration's push
Associated Press via WVLT: Judge orders the Trump administration to cancel taxpayer-funded promotional TV ads
