U.S. District Judge Jennifer L. Rochon in New York ordered Sunday night that the administration of President Donald Trump cancel any remaining taxpayer-funded television commercials promoting his political message. The temporary restraining order, issued in Manhattan federal court, directs the administration to cancel scheduled airings including those set for Sunday evening and lasts 14 days.
The order bars the Department of Homeland Security from spending further from the $20 million allocated for the campaign, about $19 million of which has already been spent. Congress appropriated the money for immigration enforcement, and senior DHS official Holly Mehringer said in a declaration it was available for commemorating efforts related to border security. Rochon also directed defendants not to enter into, renew or expand agreements for the ads and stayed a purchase order between U.S. Customs and Border Protection and contractor Lepugh Inc. doing business as LMD Agency Inc.
The commercials began airing in late September and have carried the caption “Paid for by the U.S. Government,” glorifying Trump and echoing midterm messaging. Legal experts have suggested the use violated a federal statute against using appropriated money for publicity or propaganda. The challenge was brought by a coalition including Common Cause and Service Employees International Union Local 32BJ, represented by Democracy Forward, which filed suit Oct. 7. The Democratic National Committee filed a separate lawsuit. Rochon found the coalition is likely to succeed, would face irreparable harm without relief, and that an injunction serves the public interest.
The White House referred to an Oct. 5 social media post in which Trump defended the ads as rather standard and said going forward they would be paid for through political fundraising, with his political action committee MAGA Inc. identified as the future funder, while officials said there were no immediate plans to reimburse money already spent. The Justice Department argued the order was unnecessary because the conduct would end, telling the court the ads would not continue past Sunday. Senate Majority Leader John Thune, R-S.D., said the ads should not be paid for with taxpayer dollars.