Judge Orders Trump Administration to Halt Taxpayer Funded Ads

A federal judge in New York ordered the Trump administration on Sunday night to stop running television advertisements financed with taxpayer money, siding with challengers who argued the campaign improperly used public funds to promote the president's political message. U.S. District Judge Jennifer L. Rochon issued a temporary restraining order covering any remaining commercials, including those scheduled to air that night.

The Department of Homeland Security allocated $20 million for the advertising campaign, which began in late September and featured messages reflecting President Donald Trump's political agenda. The order prohibits the administration from entering into, renewing or expanding agreements related to the advertisements for two weeks.

Rochon's ruling came despite the Justice Department's argument in a court filing late Saturday that emergency judicial intervention was unnecessary because the campaign was expected to end the following day.

In its filing, the Justice Department said, "the alleged offending conduct will end tomorrow."

The plaintiffs, represented by the nonprofit legal organization Democracy Forward, welcomed the ruling and argued that federal money had been used for political purposes rather than authorized government activities.

"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 coalition also challenged the administration's authority to use congressional appropriations to advance the president's political objectives.

"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 plaintiffs said.

Senior Department of Homeland Security official Holly Mehringer defended the funding in a court declaration filed Saturday, stating that Congress had appropriated money for activities that included commemorating border security efforts and events.

Mehringer wrote that the funds were "available for, among other things, 'commemorating efforts and events related to border security.'"

Contracting records show that the Department of Homeland Security awarded LMD Agency $20 million for a National Media Campaign beginning Sept. 20. According to a nongovernment database, the White House Office of Management and Budget had allocated $20 million to Customs and Border Protection for OBBB Commemorative Events on Sept. 19. The Washington Sun first reported the funding source.

Legal experts have raised concerns that the spending could violate a federal law prohibiting the use of congressionally appropriated money for publicity or propaganda, as well as potentially other laws.

The White House has defended the commercials as public service announcements similar to campaigns conducted by previous administrations. However, critics have argued that the advertisements differ from conventional public service announcements because they do not focus on helping people access specific government programs.

A White House official said last month that the advertisements were not political and emphasized that Trump was not a candidate on the ballot in the upcoming midterm elections.

The official said the PSAs "are clearly not political," and added, "The President is not on the ballot and the ads don't have a call to action."

The campaign included footage of Trump discussing the threat of communism and a replay of an advertisement from his previous presidential campaign. A fifth commercial began airing Tuesday and focused on the administration's capture of former Venezuelan leader Nicolás Maduro.

Criticism of the spending has extended to Republicans in Congress. Senate Majority Leader John Thune, a South Dakota Republican, objected to using public money for the campaign.

"It shouldn't be paid for with taxpayer dollars," Thune told reporters.

Republican Sen. John Kennedy of Louisiana also questioned whether public officials should finance advertisements promoting themselves with government funds. Speaking on Face the Nation last month, Kennedy said, "I don't think any public official, including President Trump or [former DHS Secretary] Kristi Noem or John Kennedy, should spend public money on private ads for themselves."

The Democratic National Committee has filed a separate lawsuit challenging the advertisements. Senate Democrats also criticized the campaign in a letter last month, describing it as an improper use of public resources.

In response to the backlash, Trump said in an Oct. 5 social media post that he would pay for the advertisements through political fundraising. He had previously described the campaign as "rather standard." A White House official said there were no immediate plans to reimburse the government for money already spent.

The campaign has also faced a dispute over music used in one commercial. Attorneys for artist JMSN sent White House chief of staff Susie Wiles a cease-and-desist letter last month concerning the use of his song Love Me.

JMSN objected to the song's inclusion in the political campaign in a social media post, stating, "To anybody who has followed my career and knows what I stand for and built my career on, it should go without saying that I would never authorize my music to be used for ANY political agenda or campaign."