US judge blocks taxpayer-funded pro-Trump TV ads

Mixed · 2US District Judge Jennifer Rochon of the Southern District of New York ordered the Trump administration on Sunday, 11 October, to stop airing government-funded television ads that portray President Donald Trump favourably. 1 2 Left · 1She granted a temporary restraining order lasting two weeks, told the administration to cancel any remaining ads, including any set to air Sunday night, and barred it from entering into, renewing or expanding agreements for the ads. 3 Left · 1She also barred the use of funds appropriated to the Department of Homeland Security (DHS) for the ads, and wrote that the plaintiffs are likely to succeed on the merits and would suffer irreparable harm without an injunction. 1

Mixed · 2The plaintiffs are the watchdog group Common Cause, a labour union in New York and its political action committee, and Robert Hunter, a Democratic candidate for the Alabama state House; they argued the ads were political propaganda meant to help Republican candidates in the November 3 midterms. 1 2 Mixed · 2The plaintiffs' lawyers at Democracy Forward said the court "acted swiftly to prevent more taxpayer dollars from being used for such blatantly unlawful political propaganda"; the administration also argued the plaintiffs lacked standing and that New York was an improper venue, IJR reported. 4 5 Mixed · 2Separate challenges were also filed, including one by the Democratic National Committee, and Reuters reported Democratic Party officials brought a separate suit in federal court in Washington. 1 2

Left · 2The administration had said in a Saturday court filing that it was already ending the campaign: DHS, via a vendor, had placed ad buys through Sunday and told the vendor not to buy beyond that day, and the Justice Department argued a restraining order was unnecessary because the offending conduct would end the next day. 1 3 Left · 1Rochon rejected the argument that the case was moot. 1 Left · 1DHS tapped $20 million in taxpayer money for the ads, drawn from a $175 million package Congress gave the department for Trump's immigration enforcement agenda, according to CBC. 3

Left · 1A senior DHS official, Holly Mehringer, said in a Saturday court declaration that the money came from congressionally appropriated funds available for, among other things, "commemorating efforts and events related to border security". 4 Left · 1Legal experts have suggested the ads breached a federal statute against using appropriated money for "publicity or propaganda"; one ad is a near replica of a 2024 Trump campaign ad. 3 Left · 1AP reported that the ads differ from many past public service announcements because they are not aimed at helping people benefit from specific government programmes; one shows Trump talking about the threat of communism, and a fifth ad, which began airing on Tuesday, focuses on the capture of Venezuelan leader Nicolás Maduro. 4

Left · 1Some Republicans criticised the spending too: Senate Majority Leader John Thune said, "It shouldn’t be paid for with taxpayer dollars." 4 Mixed · 2The White House has defended the ads as public service announcements like those of past administrations; Trump called them a "positive promotion for our great U.S.A." but said taxpayers would no longer fund them, and the White House said his political action committee would pay for future airings but would not reimburse taxpayers for those already run. 3 2 Mixed · 2Reuters said the ads, which began airing in late September, sparked a bipartisan backlash. The White House, DHS and the Office of Management and Budget did not immediately respond to requests for comment on the ruling. 2 1

Right · 1A hearing in the case is set for 13 October, according to IJR. 5 Left · 1Common Cause president and CEO Virginia Kase Solomón said "our fight continues" and that the group would not stop until the administration is held accountable. 1