U.S. District Judge Jennifer L. Rochon in Manhattan ordered the Trump administration on Sunday night, Oct. 11, to cancel any remaining television commercials paid for with taxpayer money that promote President Donald Trump's political message. She granted a temporary restraining order lasting two weeks, and the order covers ads scheduled to air Sunday night.
The plaintiffs are the nonpartisan watchdog Common Cause, a New York labor union and its political action committee, and Robert Hunter, a Democratic candidate for the Alabama state House. They are represented by the nonprofit Democracy Forward. They argue the ads are political propaganda and an illegal misuse of funds. Per India Today, they said the ads were meant to help Republican candidates in the Nov. 3 midterm elections. The White House, the Department of Homeland Security (DHS) and the Office of Management and Budget are named as defendants.
The judge wrote that the defendants "shall not enter into, renew, or expand any agreement authorizing the development, creation, dissemination, placement, or airing of the challenged advertisements" while the order is in effect. She also barred use of DHS-appropriated funds for the ads. She wrote that the plaintiffs had shown they were likely to succeed on the merits and would suffer irreparable harm without relief.
In a court filing Saturday, the Justice Department argued the order was unnecessary because "the alleged offending conduct will end tomorrow." The administration said DHS, through a vendor, had placed ad buys through Sunday and told the vendor not to buy more. NBC News reported that Rochon found the plaintiffs' argument was not moot. DHS used $20 million in taxpayer money for the ads. Contracting records show LMD Agency was awarded $20 million for a "National Media Campaign" starting Sept. 20. A senior DHS official, Holly Mehringer, said in a declaration that the money came from funds available for, among other things, "commemorating efforts and events related to border security."
The ads began airing in late September. One features a clip of Trump discussing the threat of communism, and another replays an ad from his last presidential campaign. A fifth, which began airing Tuesday, focuses on the capture of Venezuelan leader Nicolás Maduro. Legal experts have suggested the spending may violate a federal statute against using appropriated money for "publicity or propaganda." A White House official said last month the ads "are clearly not political" and have no call to action. The White House has likened them to public service announcements from past administrations.
The spending drew criticism from some Republicans. Senate Majority Leader John Thune said, "It shouldn't be paid for with taxpayer dollars." Trump said in an Oct. 5 social media post that the ads were "rather standard" but that he would pay for them from political fundraising. The sources differ on which group would pay: India Today names MAGA PAC and NBC News names MAGA Inc. The White House said there were no immediate plans to reimburse the government for money already spent.
The Democratic National Committee has filed a separate suit in federal court in Washington. Common Cause chief Virginia Kase Solomón said, "our fight continues." The Justice Department and the White House did not immediately comment on the ruling, according to the reports. The sources do not say when a further hearing will take place.
