Judge Rochon Orders Removal of Three Trump Admin Ads

U.S. District Judge Jennifer L. Rochon ordered the federal government to remove three advertisements from television and social media on Friday. The judge determined that the videos, which used taxpayer funds, appeared to serve political or propaganda purposes rather than purely informational goals. The ruling came during a hearing in New York where Rochon considered expanding a temporary restraining order she issued two weeks earlier.

The three ads targeted by the order are titled “$5,000 to Americans,” “Every Democrat Voted Against No Tax on Tips,” and “Cost of Socialism.” One of these videos promotes the president’s claim that every American will receive a $5,000 payment if Republicans maintain control of Congress in the upcoming election. Rochon required the government to take these ads off official websites, including platforms like YouTube and Instagram. She also canceled plans for authorized third parties, such as the super PAC MAGA Inc., to air or distribute the material.

Rochon, who was nominated by President Joe Biden, ruled in favor of a coalition that included the nonpartisan group Common Cause. The plaintiffs originally asked for the removal of at least 13 ads. Rochon noted that the Government Accountability Office allows the president's office to inform the public about policies and respond to attacks. However, she found the plaintiffs' request to restrict the office was “broad and far reaching” and concluded the government would likely prevail on many other ads. She stated she could reverse the order or ban additional ads after hearing more evidence in the coming weeks.

The White House responded to the decision through spokesperson Lauren Bis. Bis called the ruling a “lawless order” by a “Biden-appointed activist judge” to stop the administration from sharing patriotic videos. In court papers, the government’s lawyers, including Assistant U.S. Attorney Jeffrey Oestericher, argued that there was nothing wrong with staff compiling ads to inform the public about policies and rebut attacks on the administration. The plaintiffs countered 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 her order, noting it was issued on a Friday afternoon to prevent delays. She quipped that everyone was present to hear the ruling, referencing a previous weekend order that was not immediately obeyed. A government lawyer acknowledged he could immediately notify the individuals responsible for taking the ads down. The judge stated that irreparable harm could result if the ads remained while the case proceeds, noting that the court could neither postpone an election nor turn back the clock.

Late Friday, government lawyers asked Rochon to exclude MAGA Inc. from the ruling. They argued the organization is not a party to the case and that government defendants have no control over its operations. Rochon had not yet ruled on that request. The lawsuit challenging the ads did not include President Donald Trump as a defendant. Rochon served as a law clerk for the late Maryanne Trump Barry, a federal appeals court judge and Trump’s sister, before her current appointment.