Trump’s taxpayer-funded propaganda ads halted by federal judge

The Trump administration must stop buying and airing taxpayer-funded advertisements featuring President Donald Trump for the pivotal midterm elections, a federal judge said in a win for pro-democracy groups.

U.S. District Judge Jennifer Rochon issued a temporary restraining order Sunday barring the Department of Homeland Security (DHS) from using such funds to create or disseminate the challenged ads and forcing the administration to cancel any television slots already reserved.

Common Cause, alongside two labor unions and a Democratic state senate candidate in Alabama, sued the administration last week over the ads, saying they effectively turned a federal agency into a political arm of the president by illegally diverting $20 million away from immigration enforcement funds for the ads.

Rochon said the groups were likely to succeed in their lawsuit, “contending that the expenditures, among other things, exceed the purposes authorized by Congress and violate restrictions on publicity and propaganda.”

One ad, aired during Sunday football, is repurposed from Trump’s 2024 campaign and includes his voiceover railing against the “deep state” and framing the election as a “final battle.”

The pro-democracy coalition argued the ads violated the Administrative Procedure Act and the Constitution. The groups sued DHS, Homeland Security Secretary Markwayne Mullin, White House Office of Management and Budget Director Russell Vought, the Executive Office of the President and White House chief of staff Susie Wiles.

Rochon, in her brief four-page order, said both sides had the opportunity to present any arguments or information on the ads in a status conference in the Southern District of New York on Friday. The Trump administration, she said, “did not have any relevant information at the conference.”

She then allowed them “additional time” to respond to the pro-democracy groups’ request for emergency relief. That briefing ended mid-day Sunday. Based on what was presented, Rochon said no further conference was needed. She issued the temporary restraining order hours later. 

Rochon found the issue was “not moot” just because DHS said over the weekend it would stop buying the ads, and that the pro-democracy groups still had standing to sue.

The judge also found the groups 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 said a “full opinion” will come soon. She ordered the administration to file a report within 24 hours confirming its compliance with the order. Her temporary restraining order will last 14 days unless extended.

The pro-democracy groups in the case celebrated Rochon’s order, saying they are “pleased the court acted swiftly to prevent more taxpayer dollars from being used for such blatantly unlawful political propaganda.”

“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,” they said in a statement released by Democracy Forward, which is representing them in the lawsuit. “As this case moves forward and voters make their voices heard in this election, we will work to ensure the rule of law continues to be upheld, protecting the rights of voters and our democracy.”