Crime & CourtsPolitics & Elections

Biden-Appointed Judge Orders Halt to Nearly $20 Million in Taxpayer-Funded Trump Ads

A Biden-appointed judge ordered the Trump administration to cancel remaining taxpayer-funded television ads featuring the president. DHS had spent about $20 million from immigration-enforcement funds.

Tommy FlynnTommy Flynn
Judge's gavel
Image by Joe Gratz

US District Judge Jennifer L. Rochon of the Southern District of New York issued a temporary restraining order Sunday night requiring the Trump administration to halt and cancel remaining taxpayer-funded television advertisements that feature President Donald Trump. Rochon, a Biden appointee, found that plaintiffs were likely to succeed on the merits of their claim that the ads violate restrictions on the use of congressionally appropriated funds for publicity or propaganda.

The Department of Homeland Security used approximately $20 million from a $175 million immigration-enforcement package to run the ads on cable and broadcast networks. The spots end with a disclaimer stating they were paid for by the US government. Common Cause, a labor union, an Alabama state House candidate and others sued, arguing the ads constitute political propaganda timed for the midterm elections rather than legitimate public information.

In a four-page order, Rochon directed the administration not to enter into, renew or expand any agreement for the challenged advertisements during the two-week duration of the restraining order. She specifically required cancellation of any slots set to air Sunday night. The order took effect at 6:45 p.m. EDT.

The Justice Department had argued in a Saturday filing that a restraining order was unnecessary because the department had already instructed its vendor not to purchase ads beyond Sunday. Rochon ruled the issue was not moot. President Trump said last week that he considered the ads a standard positive promotion for the country but, amid bipartisan criticism, stated that future funding would come from his political action committee rather than taxpayers. The White House said the PAC would not reimburse the government for ads already aired.

Similar lawsuits, including one by the Democratic National Committee, remain pending in other courts. Rochon’s order is the first known judicial block on the campaign. The administration has not yet publicly responded to the Sunday night ruling.

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