Federal judge orders Trump administration to cancel remaining taxpayer-funded TV ads promoting his message

What happened

A federal judge in New York on Sunday night ordered President Donald Trump's administration to cancel any television commercials still scheduled in a campaign paid for with taxpayer money, ABC News and CBS News reported. U.S. District Judge Jennifer L. Rochon granted a temporary restraining order that covered any ads set to run that same night.

The order came in a case brought by a coalition that includes the nonpartisan watchdog Common Cause, which argued the ads were an illegal misuse of public funds. The ruling arrived even as the administration said the ad campaign was about to wrap up.

How the ads were paid for

$20 million from Homeland Security

The Department of Homeland Security used $20 million in taxpayer money for the ads, according to both outlets. CBS News reported that contracting records show DHS awarded LMD Agency $20 million for a "National Media Campaign" starting on Sept. 20. A day earlier, the White House Office of Management and Budget granted DHS's Customs and Border Protection $20 million for "OBBB Commemorative Events," according to a nongovernment database cited by CBS, which said The Washington Sun first reported the source of the funds.

The administration's explanation in court

In a court declaration filed Saturday, senior DHS official Holly Mehringer said the money came from funds Congress appropriated that are available for purposes including "commemorating efforts and events related to border security." Legal experts have suggested the spending violated a federal law barring appropriated money from being used for "publicity or propaganda," and possibly other laws, the outlets reported.

What the ads showed

The ads started airing in late September and praise Trump while echoing his political messaging heading into the midterm elections, according to ABC News and CBS News. One includes a clip of Trump discussing the threat of communism, and another replays an ad from his last presidential campaign. A fifth ad began airing Tuesday and focuses on the administration's capture of Venezuelan leader Nicolás Maduro.

The White House has described the spots as public service announcements similar to those used by past administrations. Both outlets noted that, unlike many earlier announcements, these ads are not aimed at helping people benefit from specific government programs. A White House official told CBS last month the ads "are clearly not political," saying the president is not on the ballot and the ads have no call to action.

Reaction and responses

White House and Justice Department

Asked for comment, the White House pointed to an Oct. 5 social media post in which Trump called the ads "rather standard" but, facing backlash, said he would pay for them from his political fundraising. In a filing late Saturday, the Justice Department argued the restraining order was not needed because "the alleged offending conduct will end tomorrow." A White House official said there were no immediate plans to repay the government for money already spent.

Criticism from both parties

In a statement issued through Democracy Forward, the nonprofit legal group representing them, the plaintiffs said: "We are pleased the court acted swiftly to prevent more taxpayer dollars from being used for such blatantly unlawful political propaganda." Senate Majority Leader John Thune, R-S.D., told reporters, "It shouldn't be paid for with taxpayer dollars."

CBS News reported that Sen. John Kennedy, R-La., said on "Face the Nation" last month that no public official should spend public money on private ads for themselves. A group of Senate Democrats also criticized the ads in a letter last month, calling them an illegal misuse of tax dollars, according to CBS.

Other legal challenges

The Democratic National Committee has separately sued the administration over the ads, both outlets reported. CBS also reported that attorneys for the artist JMSN, whose song "Love Me" appeared in one ad, sent a cease-and-desist letter last month to White House chief of staff Susie Wiles demanding the administration stop using the song.

What to watch next

• The Democratic National Committee's separate lawsuit against the administration over the ads.
• Whether the government is repaid for money already spent; a White House official said there were no immediate plans to do so.
• Trump's stated plan to pay for any future ads from a campaign account rather than taxpayer funds.
• The cease-and-desist demand from JMSN's attorneys over the use of his song "Love Me."