Judge orders removal of three political ads

U.S. District Judge Jennifer L. Rochon ordered the federal government to remove three specific advertisements from all official channels, including social media platforms like YouTube and Instagram, on Friday. The ruling targets videos that the court found were made for political or propaganda purposes rather than standard public information.

The three ads subject to the removal order are titled “$5,000 to Americans,” “Every Democrat Voted Against No Tax on Tips,” and “Cost of Socialism.” One of these videos specifically promotes the claim that every American will receive $5,000 if Republicans retain control of Congress in the upcoming election. Rochon also canceled plans to air these ads through authorized third parties, a category that includes President Donald Trump’s super PAC, MAGA Inc.

This decision expands a temporary restraining order issued two weeks ago. At that time, Rochon banned a series of ads that glorified Trump and echoed his political messaging ahead of the midterms. The current ruling comes after a hearing where the judge considered whether to broaden the scope of that initial ban. The government has been defending the advertisements as public service announcements similar to those produced by past administrations to promote policies.

The coalition of plaintiffs, which includes the nonpartisan watchdog Common Cause and Democracy Forward, sought the removal of at least 13 ads. Rochon declined to pull the other ten, noting that the Government Accountability Office has observed instances where the president's office is entitled to inform the public, justify policies, and respond to attacks. She stated that the plaintiffs' request to restrict the office was “broad and far reaching” and concluded that the government would likely prevail legally on many of the other ads.

White House spokesperson Lauren Bis responded to the ruling by calling it a “lawless order” from a “Biden-appointed activist judge.” She argued that the order stopped the administration from sharing what she described as patriotic videos. In court papers, the coalition's lawyers wrote that Congress did not appropriate funds for the president's office to run a PR shop to help allies and attack ideological opponents.

Rochon emphasized the timing of the order, issuing it on a Friday afternoon to prevent any delay in compliance. She noted that the government would have no excuse to wait, stating that everyone involved could hear the order in the room. A government lawyer acknowledged that he could immediately notify the individuals responsible for taking the ads down. This follows a previous instance where the government cited a weekend order as a reason for delayed compliance.

Late Friday, government lawyers filed a request to exclude MAGA Inc. from the ruling. They argued that the organization is not a party to the case and that government defendants have no control over its operations. The original lawsuit did not list Trump as a defendant. Rochon has not yet ruled on that specific motion.

The judge indicated that she could reverse the order and restore the ads or ban additional ones after hearing more evidence in the coming weeks. She stated that irreparable harm could result to the plaintiffs if the ads remained online while the case proceeded. Bradley Girard, a lawyer with Democracy Forward, said the order stops the administration’s disregard for the law regarding taxpayer-funded partisan ads.

Assistant U.S. Attorney Jeffrey Oestericher had previously written that there was nothing wrong with White House staff compiling advertisements to inform the public about policies and rebut attacks. Rochon concluded that the plaintiffs were likely to succeed on their claims for the three ads in question. The court is continuing to hear the full case, with the judge noting that it can neither postpone an election nor turn back the clock.

Rochon was nominated to the court by then-President Joe Biden and previously served as a law clerk for the late Maryanne Trump Barry. The ruling leaves the remaining ten ads currently online until further legal proceedings are completed. The government has been notified that the three specified videos must be taken down immediately.