NEW YORK — The federal government must pull three taxpayer-funded Trump administration ads that appear to have been made for political or propaganda purposes, including one touting the president's claim that every American will get $5,000 if Republicans keep control of Congress in the upcoming election, a judge ruled Friday.
U.S. District Judge Jennifer L. Rochon in New York sided with a coalition, including the nonpartisan watchdog Common Cause, in ordering the government to take down the advertisements entitled "$5,000 to Americans," "Every Democrat Voted Against No Tax on Tips," and "Cost of Socialism."
She said they must be taken off official government websites, including social media sites such as YouTube, Instagram and the like. 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 White House didn't immediately respond to an emailed request for comment.
Rochon ruled during a hearing in which she considered expanding a temporary restraining order she issued two weeks ago, when she banned a series of ads that glorify President Donald Trump and echo his political messaging going into the midterms.
The White House has defended the ads as public service announcements akin to what past administrations have made to promote various policies. But 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, according to the plaintiffs.
After Rochon issued the order, she noted that she was doing so on a Friday afternoon and that the government would have no excuse to delay taking them down immediately. Rochon was nominated to the court by then-President Joe Biden, a Democrat.
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 in a reference to excuses offered by government lawyers when her recent order, which was issued during a weekend, wasn't immediately obeyed.
The plaintiffs sought the removal of at least 13 ads, but Rochon only ordered that the three be 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 said irreparable harm could result to the plaintiffs if she didn't ban the ads while the court case proceeds, though she noted that she could reverse herself and restore the ads or ban additional ads after hearing more evidence in the coming weeks.
“This court can neither postpone an election nor turn back the clock,” Rochon said after concluding that the plaintiffs were likely to succeed on their claims regarding the ads and would suffer harm if they were not taken down.
“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.”
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