A federal judge in New York ordered the Trump administration Sunday night to immediately stop airing controversial government-funded television ads featuring President Donald Trump that critics call political propaganda intended to influence the November midterm election.
The temporary restraining order by Judge Jennifer Rochon in Manhattan federal court also bars the Department of Homeland Security from spending any more of the $20 million allocated for the ad campaign. About $19 million of that allocation has already been spent on the ads.
The order came a day after the Manhattan U.S. Attorney’s Office, which is defending the Trump administration in a lawsuit challenging the ads, told Rochon that the ads would not continue being aired past Sunday.
Rochon’s order, which lasts 14 days unless extended, directs the Trump administration to cancel all scheduled ads, including those due to air on Sunday evening. The ads have included the caption “Paid for by the U.S. Government” since they began being aired.
The Manhattan U.S. Attorney’s Office declined to comment. The White House didn’t immediately respond to a request for comment.
The money for the ads came from a large appropriation by Congress for immigration enforcement.
The coalition of plaintiffs that sued to block the ads told Rochon earlier Sunday that she should issue the TRO despite the claim by the U.S. Attorney’s Office that the ads would not continue past Sunday.
“Defendants admit that appropriated funds were used to pay for political ads and do not dispute
that this use of taxpayer money is unlawful,” the plaintiffs said in a court filing Sunday.
“Instead, much of Defendants’ opposition boils down to a single premise: it is too late for the Court to act. That is not because Defendants have stopped airing the ads,” the plaintiffs said. “Indeed, Defendants assert — boldly, given their failure to defend the ads on the merits — that ads will continue to air today, including during evening programming that will attract millions of viewers.”
Rochon agreed, saying in her order that the TRO request was not rendered moot by the U.S. Attorney’s statement that the ads would stop Sunday. The judge also rejected an argument by the Justice Department that the coalition lacked legal standing to challenge the ads.
Rochon said the coalition has shown it was likely to win the lawsuit, that it would suffer irreparable harm if the TRO was not granted, and that “an injunction serves the public interest.”
In addition to the other actions, the judge ordered the Trump administration not to enter into any new agreement or expand existing ones for the ads. And she stayed a purchase order for the ads between U.S. Customs and Border Protection and a contractor, Lepugh Inc., doing business as LMD Agency Inc.
Rochon said she would soon issue a full opinion explaining her ruling.
The coalition, which filed its lawsuit on Oct. 7, includes the advocacy group Common Cause and the Service Employees International Union Local 32BJ, which is headquartered in New York City.
A separate lawsuit challenging the ads was filed that same day by the Democratic National Committee.
The ads, which have been airing for weeks, drew criticism from Democrats who said they appear designed to help Trump’s fellow Republicans in November’s election, which will determine which political party controls both chambers of Congress.
In its lawsuit, the coalition described one ad, titled “The Country He Loves,” as featuring “rapid cuts of photos and videos of President Trump mixed in with text touting what the President views as his accomplishments in office,” which includes “Largest Tax Cuts in History;” “Reigniting American Manufacturing;” and “Defend Law and Order and Police.”
“Between those messages, the screen repeatedly flashes the words “AMERICA WILL NEVER BE A COMMUNIST COUNTRY,” the civil complaint noted.
Sen. Maggie Hassan, D-N.H., wrote White House chief of staff Susie Wiles on Sept. 24, a day after that ad first aired.
“The advertisement does not have a clear official government purpose and appears to run afoul of federal prohibitions against the use of appropriated funds as part of ‘a general propaganda effort designed to aid a political party or candidates,'” Hassan wrote.
Trump, in the face of that criticism, on Oct. 5 said that going forward he or his super PAC, MAGA Inc., would pay for the ads. The White House later said the president would not reimburse the federal government for the cost of the ads that had already aired.
In a statement Sunday evening on Rochon’s order, the coalition said, “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,” the coalition said, referring to President Donald Trump.
“As this case moves forward and voters make their voices heard in this election, we will work to ensure the rule of law continues to be upheld, protecting the rights of voters and our democracy.”
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