Oral arguments Sept. 29 in appellate court decision awaited by Mosley, nation

Second federal judge blocks $20M taxpayer-funded Trump ad campaign

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A second federal judge Wednesday temporarily blocked the Trump administration from using $20 million in taxpayer funds for a national advertising campaign, reinforcing restrictions imposed earlier this month in a separate lawsuit.

Although a New York judge issued a temporary restraining order on Oct. 11, U.S. District Judge Loren AliKhan of the District of Columbia cited possible violations of that order and uncertainty over whether its restrictions would remain in place as reasons for issuing another.

Despite the restraining order, plaintiffs in the New York case reported to the court that some of the challenged ads continued airing nationally Oct. 12, a day after the order was issued.

“This sequence of events gives the court reason to doubt Defendants’ assurances that the same injury will not recur,” AliKhan wrote.

Although federal agencies can legally produce and distribute advertisements, plaintiffs in both lawsuits pointed to a provision of the Consolidated Appropriations Act prohibiting the use of taxpayer funds for publicity or propaganda without congressional authorization.

“No part of any appropriation… shall be used directly or indirectly, including by private contractor, for publicity or propaganda purposes within the United States not heretofore authorized by Congress,” the law states.

The administration used funds appropriated to Customs and Border Protection in the One Big Beautiful Bill Act for “commemorating efforts and events related to border security” to pay for $20 million worth of ads, which began running on Sept. 23.

A House Budget Committee report accompanying the legislation explained that the funds could be used for events honoring contributions to border security or recognizing crime victims, such as memorial services, agency anniversaries and award ceremonies.

The Democratic National Committee filed the D.C. lawsuit challenging “at least 13 campaign-style ads,” including five that had already aired on television. One is an anti-communism ad, featuring a montage of the president, “accompanied by the song ‘Love Me’ by JSMN” and a voiceover where Trump declares that “together we will defeat communism, socialism, and Marxism in America,” according to the order.

The others focus on American military power, Trump remarks about the “golden age of America,” and promises from the president’s 2024 campaign.

The order bars the Trump administration from running the ads and temporarily suspends the Office of Management and Budget’s allocation of $20 million for the ads.

AliKhan also ordered the administration to submit a report to the court by Oct. 30, detailing how it has complied with the temporary restraining order.

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