President Donald Trump must cancel any remaining television commercials funded by taxpayer money to promote his political message, according to a federal judge's order issued on Sunday night. U.S. District Judge Jennifer L. Rochon in New York ruled in favor of a coalition, including the nonpartisan watchdog Common Cause, which challenged the ads as an illegal misuse of funds. The judge instructed the administration to cancel any remaining ads, including those scheduled to air on Sunday night, by granting a temporary restraining order.
"Defendants shall not enter into, renew, or expand any agreement authorizing the development, creation, dissemination, placement, or airing of the challenged advertisements" during the two-week duration of her order, Judge Rochon stated.
In response to the ruling, the White House referenced an October 5 social media post from Trump defending the taxpayer-funded ads as "rather standard," but he later indicated he would finance them through his political fundraising amid public backlash. In a court filing late Saturday, the Justice Department contended that the temporary restraining order was unnecessary since "the alleged offending conduct will end tomorrow."
The Department of Homeland Security allocated $20 million in taxpayer funds for the ads, which legal experts have argued may violate a federal statute that prohibits the use of congressionally appropriated money for "publicity or propaganda" and potentially other laws.
The plaintiffs expressed satisfaction with the court's decision, stating, "We are pleased the court acted swiftly to prevent more taxpayer dollars from being used for such blatantly unlawful political propaganda. 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."
In a court declaration on Saturday, senior DHS official Holly Mehringer noted that the funds were appropriated by Congress for purposes including "commemorating efforts and events related to border security."
The White House has characterized the ads as public service announcements similar to those from previous administrations aimed at promoting various policies. However, the recent ads differ from many past public service announcements as they do not focus on helping the public benefit from specific government programs.
The ads, which began airing in late September, have been criticized for glorifying Trump and echoing his political messaging ahead of the midterm elections. One ad features Trump discussing the threat of communism, while another is a replay of an advertisement from his previous presidential campaign. A fifth ad began airing on Tuesday, highlighting the Trump administration's capture of Venezuelan leader Nicolás Maduro.
The use of public funds for these ads has faced significant criticism, including from some Republican leaders. Senate Majority Leader John Thune, R-S.D., stated, "It shouldn't be paid for with taxpayer dollars."
Additionally, the Democratic National Committee has filed a separate lawsuit against the Republican administration regarding the ads. In light of the criticism, Trump announced he would begin financing the ads through a campaign account, although a White House official indicated there were no immediate plans to reimburse the government for previously spent funds.