Judge orders removal of three political ads funded by taxpayers

U.S. District Judge Jennifer L. Rochon ordered the federal government to remove three videos from television and social media platforms on Friday. The ruling targets specific advertisements that she determined appear to serve political purposes rather than strictly informational ones. Among the ads ordered pulled is a spot titled “$5,000 to Americans,” which promotes the president’s claim that voters will receive that sum if the Republican Party retains control of the House.

Rochon, based in New York, issued the order after siding with a coalition of plaintiffs that includes the nonpartisan group Common Cause. The judge also mandated the removal of ads titled “Every Democrat Voted Against No Tax on Tips” and “Cost of Socialism.” The order requires the government to take these videos off official websites and social media channels such as YouTube and Instagram. It also cancels any plans to distribute the ads through authorized third parties, a category that includes MAGA Inc., the president’s primary super PAC.

The decision followed a hearing where Rochon considered expanding a temporary restraining order she had issued two weeks earlier. That initial order banned a series of ads that praised the president and echoed his messaging ahead of the midterms. While the plaintiffs requested the removal of at least 13 ads, Rochon limited the current order to three. She noted that the Government Accountability Office has recognized the president's office has a right to inform the public, justify policies, and respond to criticism, which is why she did not ban the others.

Rochon stated that the plaintiffs were seeking restrictions that were “broad and far reaching.” She indicated that the government would likely win on the legal merits of many of the remaining ads. She emphasized that irreparable harm could occur if the ads remained online while the full case proceeded. “This court can neither postpone an election nor turn back the clock,” she said.

The White House responded quickly to the ruling. Spokesperson Lauren Bis called the decision a “lawless order” by a “Biden-appointed activist judge.” Bis argued the order stopped the administration from sharing “patriotic videos.” The administration has generally defended the ads as public service announcements similar to those run by past governments, though plaintiffs argue the recent spots differ because they do not help the public benefit from specific programs.

Bradley Girard, a lawyer for Democracy Forward, said the order stops the administration’s “wanton disregard for the law.” He noted that Congress has specified that partisan ads cannot be funded with taxpayer dollars. In court papers, the coalition argued that Congress did not appropriate funds for the president's office “to run a PR shop to help the President’s allies and attack his perceived ideological opponents.”

Government lawyers have countered that nothing is wrong with staff compiling advertisements to inform the public and rebut attacks. Assistant U.S. Attorney Jeffrey Oestericher wrote that the goal was to explain policies and defend the administration. Late Friday, government lawyers asked Rochon to exclude MAGA Inc. from the ruling. They argued the super PAC is not a party to the case and that the government has no control over its operations.

Rochon has not yet ruled on that request. She noted the timing of the Friday afternoon order, stating the government would have no excuse to delay. “Everyone is here. Everyone can hear my order. No one is at the theater,” she quipped, referencing a previous weekend order that was not immediately obeyed. A government lawyer acknowledged he could immediately notify the staff responsible for taking the ads down.

Rochon stated she could reverse the order or ban additional ads after hearing more evidence in the coming weeks. The next step involves the court hearing the full case, where the government will present its defense and the plaintiffs will argue for a permanent injunction.