First posted on Instagram
A federal judge in New York has ordered the Trump administration to immediately take down three taxpayer-funded advertisements that the court said appeared to have been made for political or propaganda purposes, just days before the November 3 midterm elections.
U.S. District Judge Jennifer L. Rochon issued the order on Friday, October 30, siding with a coalition that includes the nonpartisan watchdog Common Cause. The three advertisements named in the order are titled "$5,000 to Americans," "Every Democrat Voted Against No Tax on Tips," and "Cost of Socialism."
The "$5,000 to Americans" advertisement promotes President Donald Trump's claim that every American would receive $5,000 if Republicans retain control of Congress in the midterms. In the advertisement, Trump says: "If the Democrats win, you will have an economic depression. If the Republicans win, you will each have $5,000 in your pocket."
Under the order, the advertisements must be removed from official government websites, including social media platforms such as YouTube and Instagram. The judge also ordered the cancellation of any slots, placements, reservations or arrangements for airing or distributing the advertisements through authorized third parties, including President Trump's flagship super PAC, MAGA Inc.
The ruling came at a hearing in which Judge Rochon considered expanding a temporary restraining order she issued two weeks earlier, when she banned a series of advertisements that glorify Trump and echo his political messaging going into the midterms. The coalition had sought the removal of at least 13 advertisements; the judge declined to pull the others at this stage, but said she could reverse herself and restore the three advertisements, or ban additional ones, after hearing more evidence in the coming weeks.
Judge Rochon, who was nominated to the court by then-President Joe Biden, a Democrat, said irreparable harm could result to the plaintiffs if the advertisements were not banned while the case proceeds. She noted she was issuing the order on a Friday afternoon and that the government would have no excuse to delay taking the advertisements down immediately. A government lawyer acknowledged he would be able to immediately notify the individuals responsible for taking them down.
The White House has defended the advertisements as public service announcements akin to what past administrations have made to promote various policies. Responding to the ruling, White House spokesperson Lauren Bis said: "This Biden-appointed activist judge issued a lawless order to stop the administration from sharing patriotic videos." The plaintiffs argue the advertisements are not aimed at helping members of the public benefit from specific government programs, and that Congress did not authorize public funds to be used for advertisements intended to influence an election.
The order is temporary and remains subject to further legal proceedings as the case continues.