President Trump must stop any remaining television commercials financed with millions of taxpayer dollars to promote his political message, a federal judge ruled Sunday night.
US District Judge Jennifer L. Rochon of New York sided with a coalition that includes the nonpartisan watchdog Common Cause, which argued that the advertisements amounted to an illegal use of public funds.
In granting a temporary restraining order, Rochon directed the administration to cancel all remaining spots, including those scheduled to air Sunday night.
For the two-week duration of the order, the judge said, “Defendants shall not enter into, renew, or expand any agreement authorizing the development, creation, dissemination, placement, or airing of the challenged advertisements.”
The administration had already indicated that the advertising campaign was nearing its end. The White House did not immediately respond to a request for comment Sunday night.
In a court filing submitted late Saturday, the Justice Department argued that a temporary restraining order was unnecessary because “the alleged offending conduct will end tomorrow.”
The Department of Homeland Security allocated $20 million in taxpayer money for the advertising campaign.
Legal experts have said the spending may violate a federal law barring the use of congressionally appropriated funds for “publicity or propaganda.”
A federal judge has ordered President Donald Trump to halt a $20 million taxpayer-funded advertising campaign accused of promoting his political agenda ahead of the midterms
The television commercials feature patriotic imagery, footage highlighting Trump’s accomplishments and a pledge that America “will never be a communist country”
The spots began airing on Fox News and other television networks during commercial breaks in late September, with funding drawn from the Department of Homeland Security’s taxpayer-supported budget
“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 issued by Democracy Forward, the nonprofit legal group representing them.
“There is no legal justification—and no precedent—for the president to use the machinery of government and funds designated by Congress for other purposes to influence electoral outcomes that advance his own agenda.”
In a declaration filed Saturday, senior DHS official Holly Mehringer said the money came from congressional appropriations “available for, among other things, ‘commemorating efforts and events related to border security.’”
The White House has defended the commercials as public service announcements, similar to initiatives used by previous administrations to promote government policies.
Critics, however, say the latest spots are different from many earlier public service announcements because they do not explain how the public can access or benefit from a specific government program.
The ads began running in late September and praise Trump while repeating themes from his political messaging ahead of the midterm elections.
One commercial includes a clip of Trump discussing the threat of communism, while another reuses an advertisement from his most recent presidential campaign.
The campaign’s fifth commercial began airing Tuesday and focused on the Trump administration’s capture of Venezuelan leader Nicolas Maduro.
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The White House said taxpayers will not be reimbursed after a $20 million national media contract spent more than $10 million airing television ads featuring Trump
Trump told a reporter last week that he would ‘gladly’ pay for the commercials ‘if somebody said that’s wrong’
The use of public funds to pay for the ads drew heavy criticism – including from some in the GOP.
‘It shouldn’t be paid for with taxpayer dollars,’ Senate Majority Leader John Thune, R-SD, told reporters.
The Democratic National Committee has separately sued the Republican administration over the ads.
Amid the backlash, Trump said he would start paying for the ads through a political action committee.
‘These are ads for the country. You have to understand. I’m not promoting a candidate. I’m not promoting myself because I’m not running for office. I’m promoting the country,’ Trump said.
A White House official said there were no immediate plans to reimburse the government for money already spent.
Trump is facing record low approval ratings, an unpopular war in Iran, and high gas prices as the elections are just weeks away.
Many Republican insiders in Washington are privately bracing for a major Democratic wave to sweep them out of power in Congress, leaving Trump a lame duck president for his final two years in office.
Republican Senate Majority Leader John Thune said he wished the ads were not funded with taxpayer dollars
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Should politicians ever use taxpayer money to boost their image before an election?
The latest polls show that Republicans are running behind, particularly in critical Senate races in Ohio, North Carolina, Michigan, and even traditionally safe states for Republicans like Iowa and Texas.
The shift toward Democratic control in the prediction market has been particularly notable because Republicans held the advantage in the Senate market for much of the Midterm campaign.
Republicans currently hold 53 Senate seats compared with 47 for Democrats and have an advantage of 219-214 in the House.
The battle for the lower chamber is looking increasingly difficult for Republicans, with Democrats currently projected to hold around 230 seats compared with 200 for Republicans.
Democrats need 218 seats for a majority there and would need 51 Senate seats to be able to avoid a tiebreaking vote from Vance.
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