A federal judge in New York has temporarily blocked the broadcast of taxpayer-funded television advertisements promoting President Donald Trump, ahead of the 3 November midterm elections.
US district judge Jennifer L Rochon of the southern district of New York issued a temporary restraining order that took effect at 6.45pm ET on Sunday and is intended to remain in force for at least 14 days.
Under the order, the administration “shall not enter into, renew, or expand any agreement authorizing the development, creation, dissemination, placement, or airing of the … advertisements,” Rochon wrote in her ruling.
Rochon also directed the administration to cancel the remaining portion of a $20m advertising purchase, halting further spending on the campaign.
The ruling followed a legal challenge filed by the government watchdog Common Cause, Alabama state house Democratic candidate Robert Hunter, the Service Employees International Union Local 32BJ, and the union’s political action committee, Empire State 32BJ SEIU PAC.
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 elections, stating: “In short, lacking any legal basis, and in the face of explicit legal prohibitions, defendants are attempting to skew midterm and state elections by using taxpayer dollars to run publicity and propaganda.”
The plaintiffs contended that the ads amounted to a “blatant abuse of authority”.
In her Sunday ruling, Rochon said the plaintiffs “have demonstrated that they 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”.
The Guardian said it has reached out to DHS, OMB and the White House for comment.
The White House referred to Trump’s 5 October post on his Truth Social platform, in which he said he considered the ads “to be a positive promotion” for the United States. He argued that “paying for them with [USA] money … is a rather standard thing to do”, but claimed he would fund them himself with money raised by his Make America great again political movement.
Reacting to the ruling, the plaintiffs said in a statement: “We 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.”
The Democratic National Committee filed a similar lawsuit against the Trump administration on 7 October, asking a Washington DC judge to halt the president from using taxpayer money to promote himself.
According to media tracking firm AdImpact, the ads have cost taxpayers more than $12m. They have also sparked bipartisan criticism.
The lawsuit said the ads have aired on major networks such as ABC, CNN, NBC and Fox News. They have been shown during National Football League games as well as popular news and late-night shows, including Jimmy Kimmel Live, which Trump has previously criticised heavily.
The suit also identifies eight unaired ads, including one celebrating UFC fights at the White House; a hymn praising Trump; and another showing a lion hunting while disparaging his political opponents, including former president Barack Obama.
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