
What happened
Judge Rochon found the plaintiffs likely to succeed on their claim that the ad — nearly identical to Trump's 2024 campaign ad, airing 9,679 times at a cost over $9.09 million — violated the ban on unfunded publicity or propaganda.
Why it matters
A restraining order removes the ads while litigation proceeds, and a similar Democratic National Committee lawsuit is pending in the District of Columbia.
WHO IT HITSThe ruling lands on federal agencies and their communications staff, who now face judicial limits on using appropriated funds for messages a court finds unrelated to official functions.
Summaries like this, in your inbox every morning.
Judge Rochon's finding rests on the conclusion that the advertisements are purely partisan. She noted they are almost identical to a 2024 campaign ad, with only the funding disclaimer changed to identify the United States government instead of Trump's presidential campaign. The ad shows Trump walking down a hallway and making statements about his political adversaries, including promises to 'demolish the deep state' and 'rout the fake news media,' while providing no information about DHS's official functions.
The court also found a clear and substantial likelihood that the administration violated the Administrative Procedure Act because Congress did not appropriate funds for DHS to spend on the ads. The order was issued despite DHS saying it had no plans to continue running them, with the judge pointing to a lack of assurances that the Office of Management and Budget would not shift funds to keep similar advertisements going.
Separately, Trump, the White House, OMB, and DHS face a similar lawsuit from the Democratic National Committee in the District of Columbia, with a hearing on a temporary restraining order motion set for Thursday. The two-week restraining order can become a preliminary injunction, which would keep the ads off the air for the duration of the litigation.
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