Federal Judge Blocks Trump Administration Ads Using Public Funds

A federal judge in New York ordered the Trump administration to temporarily stop airing taxpayer-funded television advertisements promoting President Donald Trump ahead of the 3 November midterm elections, citing a legal challenge over the use of public money for political messaging.

U.S. District Judge Jennifer L. Rochon of the Southern District of New York issued the temporary restraining order on Sunday at 6:45pm ET, effective for at least 14 days. She also directed the administration to cancel the remaining portion of a $20 million advertising purchase.

The lawsuit was filed by Common Cause, Alabama state House Democratic candidate Robert Hunter, Service Employees International Union Local 32BJ, and Empire State 32BJ SEIU PAC. The plaintiffs argued that the Department of Homeland Security, Office of Management and Budget, and Executive Office of the President used government funds to influence elections.

The plaintiffs described the advertisements as unlawful political messaging in their court filing.

"In short, lacking any legal basis, and in the face of explicit legal prohibitions, defendants are attempting to skew midterm and state elections by using taxpayer dollars to run publicity and propaganda." the plaintiffs stated.

The filing also characterized the advertisements as a misuse of government authority.

"Blatant abuse of authority." the plaintiffs stated.

Judge Rochon said in her order that the plaintiffs had met the standard required for temporary relief after reviewing the claims presented in the case.

"They have demonstrated that they are likely to succeed on the merits, will suffer irreparable harm in the absence of an injunction, the balance of the equities tips in their favor, and an injunction serves the public interest." Judge Jennifer L. Rochon wrote.

The White House referred to a 5 October post by Trump on Truth Social, where he defended the advertisements and said he considered them beneficial promotion. Trump later said his political movement would cover future costs.

"To be a positive promotion" was how Trump described the advertisements, according to the White House.

Trump also argued that using government money for the ads was a normal practice before saying future advertising would be funded by his political movement.

"Paying for them with [USA] money … is a rather standard thing to do" Trump said.

Democracy Forward, which represented the coalition challenging the ads, welcomed the court order and said the ruling prevented additional public spending on the advertisements.

"We are pleased the court acted swiftly to prevent more taxpayer dollars from being used for such blatantly unlawful political propaganda. 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." Democracy Forward said.

The advertisements were funded through a Department of Homeland Security contract valued at about $20 million. Media tracking firm AdImpact reported that more than $12 million had already been spent, while the Justice Department said the total ad purchases reached $19 million through Sunday.

The court order barred any remaining advertising arrangements involving the disputed campaign materials.

"Slot, placement, reservation, or arrangement for the airing or dissemination of the challenged advertisements." Judge Jennifer L. Rochon wrote in describing prohibited agreements.

The commercials aired across major networks and programs, including "Good Morning America" and "Jimmy Kimmel Live!", as well as during weekend football broadcasts, according to the lawsuit.

One advertisement featured Secretary of State Marco Rubio and Defense Secretary Pete Hegseth discussing the capture of former Venezuelan leader Nicolás Maduro, while another referenced Trump's 2024 campaign messaging against political opponents described as "villains."

"Don't play games with this president's in office because it's not gonna turn out well." Marco Rubio said in one advertisement.

Some Republicans criticized the tone and taxpayer funding of the ads, while Speaker Mike Johnson defended their message as a statement about national pride.

"America's greatness." Mike Johnson said when describing the advertisements' message.

Johnson rejected the idea that the ads were campaign appeals.

"It wasn't a plea to vote for anybody," Mike Johnson said.

"It was just, it was pro-Americana." Mike Johnson said.

White House officials said Trump's plan for his political movement to pay for the ads applied only "moving forward," and taxpayers would not be reimbursed for spending already completed.