Judge blocks 3 MAGA ads over concerns they breached taxpayer-funded propaganda law

U.S. District Judge Jennifer Rochon pressed a DOJ lawyer by playing one of the ads in open court on Friday.MANHATTAN (CN) — A federal judge on Friday demanded that the government immediately suspend three pro-Trump video advertisements that may have violated laws against taxpayer-funded propaganda.U.S. District Judge Jennifer Rochon, ruling from the bench after an emergency hearing, said the contested online ads were “purely partisan” pieces designed to attack Democrats and promote Republicans ahead of the midterm elections, likely violating the Financial Services and General Government Appropriations Act.One of the videos, titled “$5,000 to Americans,” features President Donald Trump speaking directly to viewers from the Oval Office.“If the Democrats win, you will have an economic depression,” the president says in the 33-second clip. “If the Republicans win, you will each have $5,000 in your pocket.”Rochon said Friday that she is “hard pressed” to see how this government-funded message could be considered anything other than a direct, partisan call to support Republicans.“Voters are being directly asked to support one political party over another in an upcoming election,” the judge noted.Another ad, titled “Every Democrat Voted Against No Tax on Tips,” was also “a classic partisan advertisement,” Rochon found, because it featured photos of Democratic candidates, several up for reelection, and criticized them for voting against part of Trump’s agenda.Rochon similarly found that the third ad, “The Cost of Socialism,” crossed the line by directly criticizing candidates affiliated with the Democratic Socialists of America.“There is even a call to action, urging voters to steer clear of candidates aligned with the agenda,” Rochon said.The judge played the video in court and asked Assistant U.S. Attorney Jeffrey Oestericher to explain why it wasn’t purely partisan. Oestericher argued the clip lawfully communicated the president’s functions and policies, but failed to persuade the court.Rochon, a Joe Biden appointee in the Southern District of New York, ordered the government to immediately remove the three ads from government websites and social media accounts and cancel plans to post them elsewhere.She previously barred the government from running partisan ads on television after watchdog group Common Cause sued the Department of Homeland Security for using border security funding to disseminate the clips.Rochon’s latest ruling came after Common Cause sought to extend the prior order, claiming the government was using Executive Office of the President funding to run the ads online and skirt the court’s earlier ruling.Common Cause sought to have more than a dozen EOP-funded online ads removed before Tuesday’s election, but Rochon found only three were “substantially likely” to meet the bar for propaganda.She relied on Congress’ longstanding publicity ban in Section 718 of the Financial Services and General Government Appropriations Act, which states in part that federal funding cannot be used “for publicity or propaganda purposes.”Common Cause President and CEO Virginia Kase Solomón celebrated the ruling in a statement.“We fought to turn off these ads because our tax dollars should serve the American people, not the president’s ego or political war chest,” Solomón said Friday. “The court rightfully recognized this scheme for what it was: an unlawful attempt to use public funds for partisan propaganda right in the middle of an election. This decision will ensure our tax dollars are used responsibly, and anyone who tries to abuse public funds for partisan purposes will be held accountable.”A White House spokesperson said in a statement that Rochon was a “Biden-appointed activist judge” who “issued a lawless order to stop the administration from sharing patriotic videos.”In the group’s complaint, filed on Oct. 7, Common Cause scrutinized $20 million that DHS had appropriated for border security that was instead spent on ads to “boost Trump’s image, help Republican candidates, and hurt Democratic candidates and causes.”“Each ends with a disclaimer — ‘Paid for by the U.S. Government’ — that suggests that the federal government has taken sides in the upcoming midterm elections,” Common Cause argues in its suit.The organization filed suit alongside two labor unions and a Democratic candidate for Alabama’s state House of Representatives.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads