A federal judge appointed by former President Joe Biden ordered the Trump administration to immediately remove three taxpayer-funded advertisements featuring President Donald Trump just days before the midterm elections. District Judge Jennifer L. Rochon of the Southern District of New York said Friday the three online advertisements were “purely partisan” and likely violated a federal prohibition on using government money for publicity or propaganda purposes.
One of the blocked videos contains a direct appeal tied to the outcome of the midterms, with Trump telling viewers from the Oval Office: “If the Democrats win, you will have an economic depression. If the Republicans win, you will each have $5,000 in your pocket.” Rochon ordered the ads removed from government websites and social media accounts and blocked their distribution through authorized third parties. White House spokesperson Lauren Bis called Rochon a “Biden-appointed activist judge” who had issued a “lawless order to stop the administration from sharing patriotic videos.” Newsweek reached out Saturday to the White House and Common Cause, one of the groups challenging the ads in court, for further comment.
The three advertisements targeted by Rochon are titled “$5,000 to Americans,” “Every Democrat Voted Against No Tax on Tips” and “The Cost of Socialism.” The judge declined to block several other government advertisements challenged in the case. In the 33-second “$5,000 to Americans” video, Trump speaks from the Oval Office and explicitly ties his promised payment to Republicans retaining control of Congress. Rochon said she was “hard pressed” to see how the taxpayer-funded message could be considered anything other than a direct partisan appeal.
The judge called “Every Democrat Voted Against No Tax on Tips” a “classic partisan advertisement” since it showed images of Democrats, including lawmakers running for reelection, while attacking them over their votes against part of Trump’s agenda. Rochon also found that “The Cost of Socialism,” which criticized candidates associated with the Democratic Socialists of America (DSA), crossed the line. During Friday’s hearing, Rochon played an advertisement in court and asked Assistant U.S.
Attorney Jeffrey Oestericher to explain why it wasn't partisan. Oestericher said the administration was lawfully communicating the president’s policies and functions. Rochon’s decision follows an earlier temporary restraining order restricting the administration’s use of taxpayer money for pro-Trump television advertisements.
Common Cause returned to court arguing that the administration had effectively shifted its advertising campaign online, using Executive Office of the President funding for videos on government social media accounts after the earlier restrictions were imposed. The group sought the removal of more than a dozen advertisements ahead of the closely watched midterms. Rochon, however, concluded that only three were “substantially likely” to meet the legal bar for prohibited propaganda and indicated that the government could ultimately prevail over challenges to many of the others.
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