3 taxpayer-funded Trump administration ads must be taken down, judge rules

A U.S. district judge ruled Friday that the federal government must pull three taxpayer-funded commercials, including one that praised President Donald Trump’s claim that every American will receive $5,000 if Republicans keep control of Congress in the midterm election. 

Big picture view:

U.S. District Judge Jennifer L. Rochon ordered that the said the three ads, titled "$5,000 to Americans," "Every Democrat Voted Against No Tax on Tips," and "Cost of Socialism" must be taken off official government websites, including social media sites. 

But she declined to order the takedown of other ads. 

The judge also ordered that any plans for airing or distributing the ads through authorized parties like Trump’s flagship super PAC, MAGA Inc., be canceled. 

The backstory:

A coalition that included the nonpartisan watchdog Common Cause, asked the court to order that at least 13 ads be removed. 

Rochon noted that the Government Accountability Office has said there are times when the president's office is entitled to inform the public of its policies, justify its policies and respond to attacks on its policies.

Rochon said she concluded that the government would ultimately prevail legally with the fight for many of the ads since the plaintiffs wanted restrictions that were "broad and far reaching."

What they're saying:

White House spokesperson Lauren Bis responded to the ruling, saying, "This Biden-appointed activist judge issued a lawless order to stop the administration from sharing patriotic videos."

Former President Joe Biden, a Democrat, nominated Rochon to the court. She once served as a law clerk for the late Maryanne Trump Barry, a longtime federal appeals court judge and Trump’s sister. 

Assistant U.S. Attorney Jeffrey Oestericher said there was nothing wrong with White House staff compiling advertisements to "inform the public about his policies and to rebut attacks on those policies and his Administration," in a response to the plaintiffs’ argument.

The other side:

"This temporary restraining order will stop the administration’s wanton disregard for the law while the court hears the full case," Bradley Girard, a lawyer with Democracy Forward said. "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."

What's next:

Rochon made it clear that she expected the government to move immediately to get the ads pulled. A government attorney said he would be able to immediately notify relevant people who would be responsible for taking the ads down. 

Government attorneys meanwhile, are asking Rochon to exclude MAGA Inc. from the ruling since the organization is not a party listed and the government defendants do not control how it operates. 

The lawsuits against the ads did not name Trump himself. 

Rochon has not yet ruled on the government’s motion. 

But she said irreparable harm could result to the plaintiffs if she didn't ban the ads while the court case proceeds. She did warn, however, that she could reverse herself and restore the ads or ban additional ads after hearing more evidence in the coming weeks. 

 

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