Biden-appointed judge blocks three ‘partisan’ Trump administration ads days before midterms

WASHINGTON, DC: A federal judge on Friday, October 30, ordered the Trump administration to remove three taxpayer-funded advertisements featuring President Donald Trump, ruling that the videos were “purely partisan” and likely violated federal restrictions on government-funded publicity and propaganda.

District Judge Jennifer L Rochon of the Southern District of New York, a Biden appointee, directed the administration to take down the advertisements from government websites and social media accounts just days before the midterm elections.

One of the blocked videos directly links a promised $5,000 dividend payment to all US adults to Republicans retaining control of Congress.

Judge orders Trump administration to remove partisan election ads

The three advertisements covered by Rochon’s order are titled “$5,000 to Americans,” “Every Democrat Voted Against No Tax on Tips” and “The Cost of Socialism."

In the 33-second video titled “$5,000 to Americans,” Trump speaks from the Oval Office and tells viewers that “If the Democrats win, you will have an economic depression. If the Republicans win, you will each have $5,000 in your pocket.”

Rochon said she was “hard pressed” to understand how the taxpayer-funded message could be considered anything other than a direct political appeal ahead of the election.

“Voters are being directly asked to support one political party over another in an upcoming election,” Rochon said.

The judge also found that “Every Democrat Voted Against No Tax on Tips” amounted to a “classic partisan advertisement”.

The video featured images of Democratic lawmakers, including candidates seeking reelection, while criticizing them for voting against part of Trump's agenda.

The third advertisement, “The Cost of Socialism,” targeted candidates associated with the Democratic Socialists of America (DSA). Rochon said the video also crossed the line by encouraging viewers to reject candidates aligned with the organization's agenda.

“There is even a call to action, urging voters to steer clear of candidates aligned with the agenda,” she said.

Trump administration ads face scrutiny under federal propaganda law

During the hearing, Rochon played one of the advertisements in court and asked Assistant US Attorney Jeffrey Oestericher to explain why it was not partisan. Oestericher argued that the administration was lawfully communicating the president's policies and government functions.

The judge's ruling relied on Section 718 of the Financial Services and General Government Appropriations Act, which prohibits federal funds from being used “for publicity or propaganda purposes.”

Rochon also acknowledged that government agencies can use public money to inform Americans about administration policies, defend those policies and respond to criticism.

However, she found that the three advertisements went beyond those functions.

“This court can neither postpone an election nor turn back the clock,” Rochon said, explaining the need to intervene just days before Election Day

The ruling came after an earlier temporary restraining order restricted the administration's use of taxpayer funds for pro-Trump television advertisements.