U.S. District Judge Jennifer L. Rochon of the Southern District of New York issued a temporary restraining order Sunday night against the administration's TV ad campaign. The order cancels any remaining broadcasts and runs for two weeks. It says the government "shall not enter into, renew, or expand any agreement" for the ads. The Department of Homeland Security paid for the spots with $20 million routed through U.S. Customs and Border Protection.
The case asks whether money Congress sets aside for government work can pay for ads that praise a president three weeks before an election.
The ads began airing in late September during football games and "Saturday Night Live." One replays a spot from Trump's last campaign. Another highlights the capture of Venezuelan leader Nicolás Maduro. On Oct. 5, Trump said his political operation would pay for future spots. The Democratic National Committee has filed a separate suit in Washington.
- A DHS declaration puts the media buys at about $19 million through Oct. 11.
- The Justice Department argued no order was needed because the campaign ended Sunday.
- Rochon set a hearing for 2 p.m. Tuesday.
Rochon decides what comes next. Common Cause leads the plaintiffs, joined by a union, its political action committee and an Alabama Democratic candidate for the state legislature. Democracy Forward represents them. DHS and the White House defend the spending. Taxpayers who fund border programs and candidates on the Nov. 3 ballot have a stake in the ruling.
Disputedwhether the ads are lawful public service announcements or a misuse of appropriated money to help one side before an election.
The FramingsPlaintiffs' framing (Common Cause; Democracy Forward) holds that no law or precedent allows the government to spend money Congress set aside to influence an election, and welcomes an order that "acted swiftly to prevent more taxpayer dollars" from going to the ads. White House framing calls the spots public service announcements like those of past administrations; DHS official Holly Mehringer said the money came from funds for "commemorating efforts and events related to border security." Homeland Security Secretary Markwayne Mullin said on CBS, "Anytime we can do a public service announcement and brag about America, I'm all about it," and did not commit to repaying the money. Government legal framing (the Justice Department) disputes standing and venue and says the dispute ended with the campaign, without defending the ads' legality in the New York filing, Law Dork reported. Republican-critic framing (Senate Majority Leader John Thune) holds the ads "shouldn't be paid for with taxpayer dollars."
The RecordThe order's terms and the Tuesday hearing are in the court record as AP and Law Dork reported them. The $19 million figure is in DHS's own declaration. Legal experts point to a federal bar on spending appropriated money on "publicity or propaganda," but no court has ruled on the merits. Confidence in the order's terms: certain. Confidence in the final outcome: low.
What to watch: Rochon's hearing at 2 p.m. Tuesday. The DNC's case in federal court in Washington, with a hearing set for 10 a.m. Thursday.
Sources: AP, CBS News, Law Commentary, Law Dork
