Judge Halts Taxpayer-Funded Trump Ads: What the Order Does and Doesn't Do
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A federal judge in New York ordered the Trump administration Sunday night to cancel any remaining television ads that were paid for with taxpayer money and promote President Donald Trump's political message. The ruling came even though the administration said the campaign was ending anyway, according to ABC News and CBS News.
U.S. District Judge Jennifer Rochon granted a temporary restraining order that lasts two weeks. CBS News reported it took effect at 6:45 p.m. ET Sunday.
What did the judge order?
Rochon told the administration to cancel any remaining ads, including those scheduled to run Sunday night, according to ABC and CBS. NBC News reported she also barred the use of funds appropriated to the Department of Homeland Security to develop, place, distribute or air the challenged ads.
During the order's two-week span, the defendants may not enter into, renew or expand any agreement tied to making or airing the ads, the judge wrote. She said the plaintiffs had shown they were likely to succeed on the merits and would suffer irreparable harm without an injunction, NBC reported.
Who brought the case, and what do they argue?
The plaintiffs include the watchdog group Common Cause, Robert Hunter, a Democratic candidate for the Alabama state House, and a New York labor union and its political action committee, NBC reported. They are represented by the nonprofit Democracy Forward. They argue the ads are an illegal misuse of funds.
In a statement, the plaintiffs said there is no legal justification or precedent for a president to use government funds set aside by Congress for other purposes to influence elections. Common Cause President and CEO Virginia Kase Solomón said the group's fight continues despite the ruling. The Democratic National Committee has filed a separate lawsuit over the ads.
What does the administration say?
The Justice Department argued in a court filing late Saturday that a restraining order was unnecessary because the conduct at issue would end the next day. NBC reported the filing said DHS, through a vendor, had placed ad buys only through Sunday and told the vendor not to buy more. Rochon ruled that the plaintiffs' argument was not moot and that the order was still warranted.
The White House referred ABC and CBS to an Oct. 5 social media post in which Trump called the ads "rather standard." Amid backlash, he said he would pay for them from his political fundraising. A White House official said last month that the ads are not political because the president is not on the ballot and the spots carry no call to action, CBS reported.
The White House has described the ads as public service announcements like those past administrations have run. ABC and CBS noted that these ads differ from many earlier ones because they are not aimed at helping people use specific government programs.
Where did the money come from?
DHS used $20 million in taxpayer money, according to ABC and CBS. A senior DHS official, Holly Mehringer, said in a court declaration that the money came from congressionally appropriated funds available for, among other things, commemorating border security efforts and events.
CBS reported that contracting records show DHS awarded LMD Agency $20 million for a "National Media Campaign" starting Sept. 20. The day before, according to a nongovernment database, the Office of Management and Budget granted $20 million to Customs and Border Protection for "OBBB Commemorative Events."
Legal experts have suggested the spending may have violated a federal law that bars using appropriated money for "publicity or propaganda," and possibly other laws, according to ABC and CBS.
What this means for taxpayers and viewers
The order stops further government spending on the ads, which began airing in late September. They included a replay of a spot from Trump's last presidential campaign, a clip of Trump discussing communism, and a fifth ad, launched Tuesday, about the capture of Venezuelan leader Nicolás Maduro.
The money already spent is not covered by the order. A White House official said there were no immediate plans to reimburse the government for it, ABC and CBS reported. NBC reported that Trump said last week that MAGA Inc. would help fund the ads going forward. The group did not immediately respond to a request for comment, and the White House, DHS and the Office of Management and Budget did not immediately comment on the ruling.
The ads drew criticism from some Republicans. Senate Majority Leader John Thune of South Dakota told reporters the ads should not be paid for with taxpayer dollars.
What happens next?
The restraining order runs for two weeks. The related lawsuit from the Democratic National Committee is proceeding separately.
