A federal judge has ordered Donald Trump’s administration to temporarily halt the airing of taxpayer-funded television ads promoting the president in the run-up to the Nov. 3 midterm elections.
On Sunday at 6:45 p.m. ET, U.S. District Judge Jennifer L Rochon of the Southern District of New York issued a temporary restraining order targeting the ads that is intended to remain in effect for at least 14 days.
The administration “shall not enter into, renew or expand any agreement authorizing the development, creation, dissemination, placement or broadcast of(…)advertising,” Rochon said in his decision.
Rochon also ordered the administration to cancel the remaining portion of a $20 million ad buy, effectively ending additional spending on the campaign.
The judge’s decision comes amid a legal challenge filed by government watchdog Common Cause, Democratic candidate for the Alabama House of Representatives Robert Hunter, Service Employees International Union Local 32BJ and the union’s political action committee, Empire State 32BJ SEIU PAC.
In their lawsuit, the plaintiffs named the Department of Homeland Security (DHS), the Office of Management and Budget (OMB), and the Executive Office of the President (EOP) as defendants. They argued that the administration was using public funds to influence the election, stating: “In short, without any legal basis and in the face of explicit legal prohibitions, Defendants are attempting to distort midterm and state elections by using taxpayer dollars for advertising and propaganda.” »
The plaintiffs argued that the ads were a “gross abuse of power.”
In his judgment delivered Sunday, Rochon said the plaintiffs “have demonstrated that they are likely to succeed on the merits, that they will suffer irreparable harm in the absence of an injunction, that the balance of actions is tilted in their favor and that an injunction serves the public interest.”
The Guardian has contacted DHS, OMB and the White House for comment.
The White House referenced Trump’s Oct. 5 post on his Truth Social platform in which he said he viewed the ads “as a positive promotion” for the United States.
He argued that “paying for them with (US) money…is a pretty standard thing to do” – but he claimed he would finance them himself with money raised by his Make America great Again political movement.
The plaintiffs responded to Rochon’s ruling with a statement that said: “We are pleased that the court acted quickly to prevent more taxpayer dollars from being used for such blatantly illegal political propaganda. There is no legal justification – and no precedent – for the President to use the machinery of government and funds set aside by Congress for other purposes to influence election results that advance his own agenda.”
On October 7, the Democratic National Committee filed a similar lawsuit against the Trump administration, asking a Washington judge to block the president from using taxpayer money to promote himself.
According to media tracking company AdImpact, the ads cost taxpayers more than $12 million. They also drew bipartisan criticism.
The lawsuit says the ads ran on major networks such as ABC, CNN, NBC and Fox News. They were broadcast during National Football League games as well as on popular news and late-night shows, including Jimmy Kimmel Live, which Trump has previously heavily criticized.
The suit also identifies eight unaired commercials, including one celebrating UFC fights at the White House; an anthem praising Trump; and another showing a lion hunting while disparaging his political opponents, including former President Barack Obama.
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