U.S.
Judge halts taxpayer-funded Trump ads for two weeks
The order came in a separate case brought by Common Cause, a union and Alabama candidate Robert Hunter. Judge Jennifer Rochon found the moving plaintiffs had standing and were likely to succeed on their claims, but the court has not issued a final merits decision.
Executive summary
- A 14-day restraint: Judge Jennifer L. Rochon of the U.S. District Court for the Southern District of New York granted an emergency motion under the Administrative Procedure Act. Her Oct. 11 order stayed a Sept. 20 purchase order and a $20 million Office of Management and Budget allocation, barred use of Homeland Security funds for the challenged ads, and directed officials and contractor LMD Agency to cancel or stop placements. The order took effect at 6:45 p.m. Eastern and lasts 14 days unless extended.[1][2][3]
- A preliminary legal finding: The order says the moving plaintiffs—Alabama candidate Robert Hunter, SEIU Local 32BJ and its Empire State PAC—showed standing and were likely to succeed on the merits, among other preliminary-injunction factors. Judge Rochon said a fuller opinion would follow. The order is a temporary ruling, not a final judgment on whether the campaign violated federal law.[1][3][4]
- Separate from the DNC lawsuit: The New York case is separate from the Democratic National Committee’s lawsuit in Washington. The Justice Department argued in the New York case that the ad buying would end Oct. 11; the White House had described the spots as public-service announcements. The court’s restraint applies to the specifically challenged campaign, not government advertising generally.[1][3][5][6]
The Oct. 11 order stays a Sept. 20 purchase order between U.S. Customs and Border Protection and LMD Agency, including future payments under it. It separately stays the Office of Management and Budget’s $20 million apportionment for developing, creating or airing the ads. The defendants must stop using Homeland Security appropriations for the challenged campaign, cancel remaining slots and placements—including those scheduled for Oct. 11—and refrain from entering or expanding agreements for the challenged ads.[1]
The order also directs the government to notify LMD Agency immediately and requires a compliance status report within 24 hours. It identifies the campaign as the ads covered by the purchase order, including ‘The Country He Loves,’ ‘Celebrating the Enduring Spirit,’ ‘Final Battle,’ ‘To the Great Proud People of Iran’ and ‘Maduro.’ The restrictions remain in effect for 14 days from Oct. 11, subject to extension by the court.[1][2][3]
Rochon wrote that the moving plaintiffs had standing and had shown they were likely to succeed on the merits, would face irreparable harm without relief, and met the other requirements for an injunction. She granted their motion under Section 705 of the Administrative Procedure Act and said a full opinion would follow. The order does not finally determine whether the ads violated the appropriations restrictions alleged by the plaintiffs.[1][3]
The motion was brought by Hunter, SEIU Local 32BJ and Empire State 32BJ SEIU PAC. Common Cause is also a plaintiff in the case, but the order identifies those three as the parties seeking the emergency motion. The case is distinct from a Democratic National Committee suit filed in federal court in Washington; a separate update covers that complaint and the campaign’s broader history.[1][2][6][7]
In a filing before the order, the Justice Department argued that emergency relief was unnecessary because the vendor’s media purchases were scheduled through Oct. 11 and the department had directed it to make no additional buys after that date. The order became effective at 6:45 p.m. Eastern that evening. The Associated Press reported that the White House did not immediately respond to a request for comment on the ruling.[1][3][4]
The White House had defended the commercials as public-service announcements. The plaintiffs contend they promote President Donald Trump’s political message with money Congress appropriated for other purposes. Those competing positions remain part of the unresolved legal dispute; the two-week order addresses the specific purchase order and ads before the court.[5][6][1][3]