President Donald Trump must cancel any remaining television commercials paid for with millions of dollars in taxpayer money to promote his political message, a federal judge ordered Sunday night, even as the administration said the ad campaign was coming to an end.
U.S. District Judge Jennifer L. Rochon in New York sided with a coalition, including the nonpartisan watchdog Common Cause, that challenged the ads as an illegal misuse of funds. She told the administration to cancel any remaining ads, including any set to air Sunday night, in granting a temporary restraining order.
“Defendants shall not enter into, renew, or expand any agreement authorizing the development, creation, dissemination, placement, or airing of the challenged advertisements” during the two-week duration of her order, the judge said.
Asked for comment, the White House referred to an Oct. 5 social media post from Trump in which he defended the taxpayer-funded ads as “rather standard” but, amid backlash, said he would pay for them from his political fundraising. In a court filing late Saturday, the Justice Department argued that the temporary restraining order was unnecessary because “the alleged offending conduct will end tomorrow.”
The Department of Homeland Security tapped $20 million in taxpayer money for the ads. Legal experts have suggested that violated a federal statute against congressionally appropriated money being used for “publicity or propaganda” and potentially other laws.
“We are pleased the court acted swiftly to prevent more taxpayer dollars from being used for such blatantly unlawful political propaganda,” the plaintiffs said in a statement issued by Democracy Forward, the nonprofit legal organization that represents them. “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.”
In a court declaration Saturday, senior DHS official Holly Mehringer wrote that the money came from funds appropriated by Congress that are “available for, among other things, ‘commemorating efforts and events related to border security.’”
The White House has defended the ads as public service announcements akin to what past administrations have done to promote various policies. But the recent ads differ from many past public service announcements because they aren’t aimed at helping members of the public benefit from specific government programs.
The ads, which began airing in late September, glorify Trump and echo his political messaging going into the midterms. One features a clip of Trump talking about the threat of communism and another is a replay of an ad from his last presidential campaign. The fifth ad in the campaign began airing Tuesday, focusing on the Trump administration’s capture of Venezuelan leader Nicolás Maduro.
The use of public funds to pay for the ads drew heavy criticism — including from some in the GOP.
“It shouldn’t be paid for with taxpayer dollars,” Senate Majority Leader John Thune, R-S.D., told reporters.
The Democratic National Committee has separately sued the Republican administration over the ads.
Amid the backlash, Trump said he would start paying for the ads with a campaign account. A White House official said there were no immediate plans to reimburse the government for money already spent.
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Associated Press reporters Collin Binkley and Ali Swenson contributed.