Judge orders Trump administration to halt taxpayer-funded ads

A federal judge on Sunday ordered the Trump administration to stop airing government-funded advertisements that portray President Donald Trump favorably, rejecting its argument that a court order was unnecessary because the campaign was already ending.

U.S. District Judge Jennifer Rochon in New York issued a temporary restraining order requiring the administration to cancel any remaining ads, including those scheduled for Sunday night. The order also bars the administration from using funds appropriated to the Department of Homeland Security to make, place or distribute the challenged ads.

“Plaintiffs have demonstrated that they are likely to succeed on the merits, will suffer irreparable harm in the absence of an injunction, the balance of the equities tips in their favor, and an injunction serves the public interest,” Rochon wrote.

For the two-week duration of the order, the administration also may not enter into, renew or expand agreements to develop or air the ads. The Justice Department had argued in a Saturday court filing that an order was unnecessary because “the alleged offending conduct will end tomorrow.” According to NBC News, the administration said DHS had placed ad buys through Sunday and instructed its vendor not to buy more. Rochon found that the planned end to the purchases did not resolve the plaintiffs’ request.

The lawsuit was brought by the watchdog group Common Cause, Robert Hunter, a Democratic candidate for the Alabama state House, and a New York labor union and its political action committee. The Democratic National Committee has filed a separate suit over the ads.

According to CBS News, DHS tapped $20 million in taxpayer money for the campaign and awarded LMD Agency a $20 million contract for a “National Media Campaign” starting Sept. 20. A senior DHS official said in a court declaration that the money came from congressional appropriations available for, among other things, “commemorating efforts and events related to border security.”

The ads began airing in late September. CBS News reported that one includes Trump discussing the threat of communism, another replays an ad from his last presidential campaign, and a fifth focuses on the administration’s capture of former Venezuelan leader Nicolás Maduro.

The White House has defended the spots as public service announcements similar to those used by past administrations. A White House official said last month they “are clearly not political,” noting that Trump is not on the ballot and the ads contain no call to action. Critics have argued that using public money for the ads could violate restrictions on government-funded publicity or propaganda.

Republicans also questioned the spending. “It shouldn’t be paid for with taxpayer dollars,” Senate Majority Leader John Thune told reporters, according to CBS News.

Trump said he would pay for the ads through political fundraising instead. Asked about the ruling, the White House referred CBS News to an Oct. 5 post in which Trump called the taxpayer-funded ads “rather standard” and said he would pay for them himself. A White House official told CBS News there were no immediate plans to reimburse the government for money already spent.

“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.