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President Trump must cancel any remaining television commercials paid for with millions of dollars in taxpayer money to promote his political message, a federal judge ordered Sunday night, even as the administration said the ad campaign was coming to an end.
U.S. District Judge Jennifer L. Rochon in New York sided with a coalition, including the nonpartisan watchdog Common Cause, that challenged the ads as an illegal misuse of funds. She told the administration to cancel any remaining ads, including any set to air Sunday night, in 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, the judge said.
Asked for comment, the White House referred to an Oct. 5 social media post from Mr. Trump in which he defended the taxpayer-funded ads as "rather standard" but, amid backlash, said he would pay for them from his political fundraising. In a court filing late Saturday, the Justice Department argued that the temporary restraining order was unnecessary because "the alleged offending conduct will end tomorrow."
The Department of Homeland Security tapped $20 million in taxpayer money for the ads. Legal experts have suggested that violated a federal statute against congressionally appropriated money being used for "publicity or propaganda" and potentially other laws.
"We are pleased the court acted swiftly to prevent more taxpayer dollars from being used for such blatantly unlawful political propaganda," the plaintiffs said in a statement issued by Democracy Forward, the nonprofit legal organization that represents them. "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 Saturday, senior DHS official Holly Mehringer wrote that the money came from funds appropriated by Congress that are "available for, among other things, 'commemorating efforts and events related to border security.'"
The Department of Homeland Security awarded LMD Agency $20 million for a "National Media Campaign" starting on Sept. 20, contracting records show. A day earlier, the White House Office of Management and Budget granted DHS's Customs and Border Protection $20 million for "OBBB Commemorative Events," according to a nongovernment database. The source of the funds was first reported by The Washington Sun.
The White House has defended the ads as public service announcements akin to what past administrations have done to promote various policies. But the recent ads differ from many past public service announcements because they aren't aimed at helping members of the public benefit from specific government programs.
A White House official said last month the PSAs "are clearly not political," and noted: "The President is not on the ballot and the ads don't have a call to action."
The ads, which began airing in late September, glorify Mr. Trump and echo his political messaging going into the midterms. One features a clip of Trump talking about the threat of communism and another is a replay of an ad from his last presidential campaign. The fifth ad in the campaign began airing Tuesday, focusing on the Trump administration's capture of former Venezuelan leader Nicolás Maduro.
The use of public funds to pay for the ads drew heavy criticism — including from some in the GOP.
"It shouldn't be paid for with taxpayer dollars," Senate Majority Leader John Thune, a South Dakota Republican, told reporters.
On "Face the Nation," GOP Sen. John Kennedy of Louisiana said last month, "I don't think any public official, including President Trump or [former DHS Secretary] Kristi Noem or John Kennedy, should spend public money on private ads for themselves."
The Democratic National Committee has separately sued the Republican administration over the ads.
"This is the sort of government propaganda one might expect in North Korea, not the United States of America, and it is an egregious and illegal misuse of Americans' hard-earned tax dollars," a group of Senate Democrats said in a letter last month.
Amid the backlash, Mr. Trump said he would start paying for the ads with a campaign account. A White House official said there were no immediate plans to reimburse the government for money already spent.
Additionally, attorneys for artist JMSN, whose song "Love Me" was used in one of the ads, last month sent a cease-and-desist letter to White House chief of staff Susie Wiles demanding that the Trump administration stop using his song.
"To anybody who has followed my career and knows what I stand for and built my career on, it should go without saying that I would never authorize my music to be used for ANY political agenda or campaign," the artist posted on social media.
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