Judge Halts Remaining Trump Taxpayer-Funded TV Ads

A federal judge in Manhattan issued a temporary restraining order Sunday night directing the Trump administration to cancel any remaining television advertisements paid for with Department of Homeland Security funds. The order bars new agreements or expansions of existing contracts for the spots during the 14-day period and stays a purchase order with contractor Lepugh Inc. doing business as LMD Agency Inc. U.S. District Judge Jennifer L. Rochon found the coalition of plaintiffs, which includes Common Cause and Service Employees International Union Local 32BJ, likely to succeed on the merits and at risk of irreparable harm without immediate relief.

The Department of Homeland Security had allocated $20 million from a congressional appropriation for border security commemorations. Roughly $19 million had already been spent on a series of ads that began airing in late September and carried the caption "Paid for by the U.S. Government." One spot titled "The Country He Loves" intercut footage of President Trump with text listing administration priorities and repeated the phrase "AMERICA WILL NEVER BE A COMMUNIST COUNTRY." Another ad released the following week highlighted the administration's role in the capture of Venezuelan leader Nicolás Maduro. The White House described the commercials as comparable to prior administrations' public-service announcements, while the Justice Department told the court the campaign would conclude after Sunday.

Plaintiffs argued in filings that appropriated funds were used for political advertising and that the administration's assurance of an imminent end did not moot the request for relief. Rochon rejected the standing and mootness objections. Senate Majority Leader John Thune stated the ads should not be paid for with taxpayer dollars. Sen. Maggie Hassan, D-N.H., had written the White House chief of staff on Sept. 24 questioning whether the spots violated federal prohibitions on using appropriated funds for general propaganda. The Democratic National Committee filed a separate lawsuit the same day as the coalition. After public criticism, President Trump said future ads would be funded through political accounts, though no reimbursement of already-spent public funds has been arranged.