Skip to main content

Judge orders Trump administration to cancel remaining placements for 5 taxpayer-funded TV ads

Judge Jennifer L. Rochon stayed a $20 million allocation and CBP purchase order, finding plaintiffs likely to succeed at this preliminary stage—not issuing a final ruling.

Power Check · The Wells Post

Holding the powerful — in government and business — to account.

3 min readComments

Black flat screen tv mounted on brown brick wall
Black flat screen tv mounted on brown brick wall Stock photo by Eye Speak on Unsplash

U.S. District Judge Jennifer L. Rochon ordered the Trump administration on Sunday to stop using Department of Homeland Security funds for five challenged television ads featuring President Donald Trump and cancel their remaining placements. The order puts a basic accountability question squarely before the court: What public purpose justifies using taxpayer money for presidential advertising?

Rochon stayed a $20 million allocation and a related Customs and Border Protection purchase order. She found the moving plaintiffs likely to succeed at this preliminary stage, but did not make a final ruling on whether the ads were unlawful. The temporary order lasts 14 days, subject to extension.

What did the $20 million buy?

The government’s stated funding purpose was commemorating border-security efforts and events. Customs and Border Protection asked the Office of Management and Budget on Sept. 19 to make $20 million available for commemorative events, and OMB approved it that day. On Sept. 20, CBP issued a $20 million purchase order to Lepugh Inc., doing business as LMD Agency, for media-buy services.

The court order names five challenged ads: The Country He Loves, Celebrating the Enduring Spirit, Final Battle, To the Great Proud People of Iran and Maduro. The campaign featured Trump and his political messaging. Calling the spots public-service announcements does not, by itself, explain how those messages served the public or fit the stated purpose of the funding.

In an Oct. 10 court filing, the government estimated that media it had purchased through Oct. 11 would cost about $19 million. That is an estimate of purchased media, not proof that $19 million had already been paid. DHS also said it would de-obligate any remaining funds after paying invoices for media already purchased.

The difference between an allocation, a purchase and a payment matters. Public records should make clear what was committed, what the government ultimately paid and what funds remained. That is basic stewardship, not a partisan demand.

Common Cause, Robert Hunter, SEIU Local 32BJ and Empire State 32BJ SEIU PAC argued that the ads used federal money for election-period political messaging beyond the purposes Congress authorized and violated restrictions on publicity and propaganda. Those claims are for the court to decide. But they raise a question any administration should have to answer: What concrete public service justified paying for these particular ads?

Why did the administration oppose the order?

The White House defended the spots as public-service announcements. The Justice Department argued that emergency relief was unnecessary because DHS planned to stop new media buys after Oct. 11. In its Oct. 10 court filing, the government also challenged the plaintiffs’ standing, disputed their claimed injury and argued the requested order was too broad.

That position deserves a fair hearing. An administration may use public funds to communicate about government work, and a plan to stop further buying is relevant. But the dispute was not only about whether DHS would place new orders. Rochon also directed the cancellation of remaining placements, including those scheduled for Oct. 11, barred the use or transfer of DHS funds for the challenged ads, and prohibited new, renewed or expanded agreements for them.

Rochon found that the moving plaintiffs had standing and showed likely success on the merits, irreparable harm without relief, and that the equities and public interest favored an injunction. These are preliminary findings, not a final judgment on the campaign’s legality. The court has paused the spending while the case proceeds, rather than resolving the underlying dispute.

Free newsletter

Get the morning briefing

Start each day with the stories that matter and why — a short, free email from our newsroom.

Free. One email a day, one-click unsubscribe. See our privacy policy.

The concern is not limited to the plaintiffs. Senate Majority Leader John Thune told reporters, “It shouldn't be paid for with taxpayer dollars,” CBS News reported. His objection points to a straightforward standard: government advertising should be judged by its public function and funding authority, not simply by the administration’s label for it.

What should accountability require next?

A short-term halt matters, but it does not answer how the allocation was used or what the public ultimately paid. The administration should account for the path from OMB’s $20 million allocation to CBP’s purchase order, the media placements, invoices and any residual funds. That record would let the public assess whether the campaign matched the stated purpose for the money.

Rochon’s order requires the defendants to file a report confirming compliance within 24 hours. The judge should use that filing and the proceedings that follow to verify the challenged placements have stopped and press for a clear accounting of the spending. If the administration wants taxpayers to fund official messaging, it should show how the message serves the public—and the court should keep that obligation in view as it considers whether to extend the temporary restraint.

Comments

Comments are written by readers. They are not reporting or opinion from The Wells Post.

Share your view on this story. Criticise ideas and public records, not other readers.

Most comments appear right away; some wait for a moderator first.

Community guidelines
  • Be civil. Criticise ideas, arguments and public records, not other readers.
  • No harassment, threats, hate speech or dehumanising language, and nothing that targets private individuals.
  • Don't share personal information, such as email addresses or phone numbers, yours or anyone else's.
  • Stay on topic. No advertising, spam or repeated posts.
  • Comments with links may wait for a moderator.
  • We publish comments as written or not at all, and we may remove comments that break these guidelines.

More in our terms and privacy policy.

No comments yet. Start the conversation.

Related coverage

More from Power Check

All Power Check