Order also cancels third-party ad placements, including through MAGA Inc.
A federal judge on Friday ordered the federal government to take down three taxpayer-funded advertisements that she said appear to have been made for political or propaganda purposes, including one promoting President Donald Trump’s claim that every American will get $5,000 if Republicans keep control of Congress in the upcoming election.
U.S. District Judge Jennifer L. Rochon in New York sided with a coalition that includes the nonpartisan watchdog Common Cause in ordering the government to pull the ads, titled “$5,000 to Americans,” “Every Democrat Voted Against No Tax on Tips” and “Cost of Socialism.”
Rochon ordered the ads taken off official government websites, including social media sites such as YouTube and Instagram. She also ordered the cancellation of any slots, placements, reservations or arrangements for the airing or distribution of the ads through authorized third parties, including by Trump’s flagship super PAC, MAGA Inc.
The ruling came during a hearing at which Rochon considered expanding a temporary restraining order she issued two weeks ago, when she banned a series of ads promoting Trump and echoing his political messaging going into the midterm elections. Rochon was nominated to the court by then-President Joe Biden, a Democrat.
After issuing Friday’s order, Rochon noted that she was doing so on a Friday afternoon and that the government would have no excuse to delay taking the ads down immediately. A government lawyer acknowledged that he would be able to immediately notify relevant individuals responsible for taking down the ads.
“Everyone is here. Everyone can hear my order. No one is at the theater,” the judge quipped, a reference to excuses offered by government lawyers when her earlier order, issued during a weekend, wasn’t immediately obeyed.
The White House did not immediately respond to an emailed request for comment. It has defended the ads as public service announcements akin to what past administrations have made to promote various policies. According to the plaintiffs, the recent ads differ from many past public service announcements because they aren’t aimed at helping members of the public benefit from specific government programs.
Rochon said irreparable harm could result to the plaintiffs if she didn’t ban the ads while the court case proceeds, and she concluded the plaintiffs were likely to succeed on their claims regarding the ads and would suffer harm if the ads were not taken down. “This court can neither postpone an election nor turn back the clock,” she said.
The plaintiffs sought the removal of at least 13 ads, but Rochon ordered only the three pulled, at least for now. She said there are instances in which the president’s office is entitled to inform the public of its policies, justify its policies and respond to attacks on its policies. She also noted that she could reverse herself and restore the ads, or ban additional ads, after hearing more evidence in the coming weeks.
“This temporary restraining order will stop the administration’s wanton disregard for the law while the court hears the full case,” said Bradley Girard, a lawyer with Democracy Forward. “Congress has made clear that partisan ads cannot be funded with taxpayer dollars, and we are proud to work with this coalition to earn today’s result.”