Justice Department Apologizes for Airing Pro-Trump Ads Despite Court Order

The Justice Department has issued a rare apology to a federal judge and watchdog groups after taxpayer-funded advertisements featuring former President Donald Trump continued to air hundreds of times on national television, despite an emergency court order to stop.

"The undersigned apologizes to the Court and the plaintiffs," a lawyer for the Justice Department stated in an update to U.S. District Judge Jennifer Rochon. The apology came Monday evening, hours after watchdog groups informed the court that the pro-Trump ads had run "nearly 400 spots" on national television after her order took effect.

Judge Rochon had ruled Sunday night that the taxpayer-funded television spots were likely unlawful and ordered them removed from the airwaves immediately, also directing the government to cancel any future airtime purchases. The Justice Department lawyer explained that a federal holiday on Monday had delayed the cancellation of airtime that had already been purchased, leading to the continued broadcasts.

The department's lawyer also confirmed to the court that the Trump administration understands it must refrain from "disbursing, or transferring" the remaining $20 million in taxpayer funds designated for the development, creation, dissemination, placement, distribution, publication, or airing of these advertisements.

Plaintiffs in the case, including Common Cause and Democracy Forward, had asked the court to schedule a status conference to assess the administration's compliance with the order. It remains unclear if Judge Rochon will proceed with scheduling such a conference following the Justice Department's apology and explanation.

The ads, which showed moments from Trump's presidency and declared "America will never be a communist country," have drawn criticism from ethics lawyers and some Republicans. Critics argued the ads could violate the Hatch Act, a law that limits political involvement by most executive branch employees. Norm Eisen, a former White House ethics czar, told The New York Times that the administration had "gone from breaking the law to trampling it."

The White House had previously defended the ads, describing them as "educational" and "unconditionally patriotic" public service announcements. A White House spokesperson stated that the ads were "not unlike" public service announcements run by previous administrations, including those under former Presidents Barack Obama and George W. Bush, and that they lacked a "call to action."

Trump himself was featured prominently in the televised spots, which concluded with the disclaimer "Paid for by the US government." The ads were funded by nearly $20 million in taxpayer funds and were nearly identical to television spots he ran as a presidential candidate in 2024. Trump is not currently on the ballot.