Extension keeps ads off air through midterm elections as Hatch Act lawsuit advances
U.S. District Judge Jennifer Rochon ruled Wednesday that the campaign-style commercials, which carry disclaimers identifying them as paid for by the U.S. government, will remain blocked until Nov. 8 — five days after the Nov. 3 midterm elections. The order extends an initial 14-day temporary restraining order against the same five-ad campaign.
The advertisements are the subject of a lawsuit alleging that the Trump administration has misused taxpayer money for political purposes and violated the Hatch Act, the federal law that restricts government employees and resources from being used for partisan political activity. The Campaign Legal Center is litigating the case.
“We are very pleased that the court extended the temporary restraining order, the emergency relief that we had already received in this case, to ensure that the plainly illegal ads remain off the air and clear of further dissemination,” said Renata O’Donnell, senior legal counsel for strategic litigation at Campaign Legal Center.
Despite the original order, at least two of the commercials continued to air earlier this week, including on Monday, according to United Press International. The Department of Justice apologized for the advertisements that ran after the court’s deadline. A White House spokesperson told Politico that the last commercial paid for by the government had aired on Sunday.
The $20 million, five-ad campaign heavily features President Donald Trump. In at least one of the commercials, dubbed the “Final Battle,” Trump makes comments that UPI described as thinly veiled references to political opponents, calling them a “sick political class that hates our country.” The advertisements are part of what UPI characterized as Trump’s broader media effort urging voters to support Republicans, who hold a narrow majority in Congress.
Earlier this month, in response to backlash, Trump said his super PAC MAGA Inc. would begin paying for the advertisements. Trump has claimed that the super PAC has raised nearly $1 billion and that he exercises control over how those funds are used. Trump and Vice President JD Vance have framed the commercials as public service announcements and claimed that they are not partisan.