NEW YORK — A federal judge in Manhattan has ordered the Trump administration to stop airing television advertisements paid for with US taxpayer money that promoted President Donald Trump and his political message, ruling that a legal challenge to the spending could proceed.
US District Judge Jennifer L. Rochon, of the Southern District of New York, issued a temporary restraining order on Sunday, October 11, directing the administration to cancel any remaining advertisements, including those scheduled to air that night.
The order bars the government from entering into, renewing or expanding agreements for the ads during its two-week duration.
The ruling followed a lawsuit by the non-partisan watchdog Common Cause, a public-sector union and an Alabama state legislative candidate.
The plaintiffs argued that the administration had misused public funds to promote Trump's political agenda ahead of the November 3 midterm elections.
Who is Judge Jennifer L. Rochon?
Jennifer L. Rochon: US District Judge, Southern District of New York
Rochon is a federal judge based in New York. President Joe Biden nominated her to the federal bench in 2022, and the US Senate confirmed her that September.
Before becoming a judge, she worked in private practice and served as general counsel of the Girl Scouts of the USA.
Her ruling is important because it concerns the limits of executive power over public spending, not simply whether a president's political message is appropriate.
The court is examining whether the administration can use money appropriated by Congress to finance advertising that promotes the president and his political agenda.
$20 million question: Why did the judge intervene?
The US Department of Homeland Security (DHS) allocated $20 million in taxpayer funds for the advertising campaign, which began airing in late September.
The advertisements featured Trump discussing issues including communism and border security. One reused an advertisement from his previous presidential campaign; another promoted the administration's capture of Venezuelan leader Nicolás Maduro, according to the Associated Press.
The administration defended the advertisements as public-service announcements promoting government policies. Critics argued that they served a political purpose, particularly so close to the midterm elections.
The plaintiffs alleged that the spending violated federal restrictions on the use of appropriated funds for publicity or propaganda.
Judge Rochon found that they had demonstrated a sufficient likelihood of success on the merits to justify temporary relief.