Federal Judge Blocks Taxpayer-Funded Pro-Trump Ads

A federal judge ordered the Trump administration on Sunday evening to cancel any remaining television ads paid for with taxpayer money to promote the president. U.S. District Judge Jennifer L. Rochon in Manhattan granted a temporary restraining order sought by the nonprofit watchdog Common Cause, and told the government to halt any further airings as of 6:45 p.m. ET.

The order bars the administration, for two weeks, from entering into, renewing, or expanding any agreement to develop, create, or air the ads.

The Justice Department had argued the order was unnecessary. In a filing late Saturday, the government said the ad campaign was scheduled to end Sunday night, and that "the alleged offending conduct will end tomorrow." Rochon said that did not render the lawsuit moot.

The money

The administration set aside $20 million for the ads, drawn from U.S. Customs and Border Protection funds. A sworn declaration filed in the case said the government has already spent about $19 million on media buys, purchased by an advertising firm, LMD Agency Inc., through Sunday.

The Department of Homeland Security told LMD not to make any additional buys past Oct. 11, and said there were no plans for more.

The money came from a $175 million package Congress gave the department as part of the president's immigration enforcement agenda, the AP reported.

The argument

The White House calls the ads public service announcements. It published lists of PSAs from past Republican and Democratic administrations to make the case, and said the spots carry no call to action: "The announcements are very clearly not campaign ads."

Common Cause and the other plaintiffs called the ads political propaganda designed to help Republican candidates in the Nov. 3 midterms. "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 representing them.

"We won't stop until this administration is held fully accountable, and no president from any party can waste and abuse taxpayer funds for propaganda ever again," said Common Cause President and CEO Virginia Kase Solomón.

Legal experts have said the ads appear to violate a federal statute that bars congressionally appropriated money from being used for "publicity or propaganda." Objections have come from both parties. Senate Majority Leader John Thune, a South Dakota Republican, has said: "It shouldn't be paid for with taxpayer dollars."

What happens next

On Oct. 5, Trump said he had decided to pay for the ads himself, using money raised for his super PAC, MAGA Inc. The White House said this week the PAC would fund the ads going forward. It also said the PAC would not reimburse taxpayers for the ads that have already run.

The White House did not immediately respond to a request for comment on Sunday night. The Justice Department did not respond to a request for comment from Reuters.

The restraining order lasts two weeks. The plaintiffs' case for a longer injunction will play out after that.