Federal Judge Orders Trump to Halt Taxpayer-Funded Ads
A judge granted a temporary restraining order against the Department of Homeland Security's $20 million ad campaign.
A federal judge has ordered President Donald Trump to cease a $20 million taxpayer-funded advertising campaign that critics have alleged is an illegal misuse of funds for political propaganda. U.S. District Judge Jennifer L. Rochon in New York issued a temporary restraining order Sunday night, instructing the administration to cancel any remaining commercials, including those scheduled to air that evening.
The order prohibits the administration from entering into, renewing, or expanding any agreements related to the creation, dissemination, placement, or airing of the challenged advertisements for the duration of the two-week order. This directive came after a coalition, including the nonpartisan watchdog Common Cause, challenged the ads, calling them an illegal misuse of appropriated funds. The Department of Justice had argued in a court filing that the order was unnecessary as the campaign was already nearing its end.
The advertisements, which began airing in late September and were funded by the Department of Homeland Security, featured patriotic imagery and highlighted what the administration described as Trump's accomplishments. Some commercials also included messages about the threat of communism. Legal experts have suggested that the use of congressionally appropriated money for these ads may violate federal statutes prohibiting their use for "publicity or propaganda."
Democracy Forward, the nonprofit legal organization representing the plaintiffs, stated, "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." A senior DHS official had stated in a court declaration that the funds were appropriated by Congress and available for "commemorating efforts and events related to border security."
The White House defended the ads as public service announcements, similar to those used by past administrations. However, unlike many past PSAs, these ads were not aimed at helping the public benefit from specific government programs. One ad, for example, focused on the Trump administration's actions regarding Venezuelan leader Nicolas Maduro.
The campaign's use of public funds drew criticism, including from some Republicans. Senate Majority Leader John Thune, R-SD, stated, "It shouldn't be paid for with taxpayer dollars." The Democratic National Committee has also filed a lawsuit against the administration over the ads.
Amid the backlash, Trump indicated he would begin funding the commercials through a political action committee, asserting, "These are ads for the country. You have to understand. I’m not promoting a candidate. I’m not promoting myself because I’m not running for office. I’m promoting the country." A White House official confirmed there were no immediate plans to reimburse the government for funds already spent on the campaign.