Judge orders removal of three Trump ads citing $5,000 tax claim

A federal judge in New York has ordered the Trump administration to remove three taxpayer-funded advertisements from television and social media. The ruling, issued on Friday, targets videos that appear to serve political rather than informational purposes. The decision intervenes in the lead-up to the upcoming congressional elections.

U.S. District Judge Jennifer L. Rochon sided with a coalition of plaintiffs, including the nonpartisan group Common Cause. She ordered the government to take down ads titled “$5,000 to Americans,” “Every Democrat Voted Against No Tax on Tips,” and “Cost of Socialism.” The first ad promotes the president's claim that Americans will receive $5,000 if Republicans maintain control of Congress. Rochon declined to remove several other ads challenged by the coalition.

The order requires the removal of the three videos from official government websites and social media platforms, including YouTube and Instagram. Rochon also canceled plans to distribute the ads through authorized third parties. This includes distribution by MAGA Inc., the super PAC associated with President Donald Trump. The judge noted that the government must act immediately to comply with the ruling.

The White House responded to the decision through spokesperson Lauren Bis. She described the order as a "lawless" move by a "Biden-appointed activist judge" to stop the administration from sharing "patriotic videos." The White House has generally defended the ads as public service announcements similar to those used by previous administrations to promote policy. Plaintiffs argue the current ads differ because they do not help the public benefit from specific government programs.

Rochon issued the ruling during a hearing to expand a temporary restraining order she granted two weeks earlier. That earlier order banned a series of ads that glorified Trump and echoed his political messaging. The plaintiffs originally sought the removal of at least 13 ads. Rochon limited the scope of the immediate order to three, noting that the Government Accountability Office recognizes the president's office can inform the public and respond to policy attacks. She concluded that the government would likely prevail legally on many of the other ads.

The judge acknowledged that irreparable harm could result to the plaintiffs if the ads remained online while the full case proceeds. She stated that the court could reverse the order and restore the ads after hearing more evidence. "This court can neither postpone an election nor turn back the clock," Rochon said. She emphasized that the temporary restraining order stops what she called the administration's disregard for the law until the court hears the full case.

Bradley Girard, a lawyer for Democracy Forward, said the result reflects Congress's intent that partisan ads not be funded with taxpayer dollars. The coalition's legal papers argued that Congress did not appropriate funds for the president's office to run a "PR shop" to help allies and attack ideological opponents. Assistant U.S. Attorney Jeffrey Oestericher countered that White House staff were simply informing the public and rebutting attacks on the administration's policies.

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 do not control its operations. The lawsuit did not include Trump as a defendant. Rochon had not yet ruled on that request. A government lawyer acknowledged he could immediately notify those responsible for taking down the ads.

Rochon, who was nominated by former President Joe Biden, quipped that everyone in the courtroom could hear the order, removing any excuse for delay. She noted that the government would have no reason to wait to comply. The judge referenced a previous order issued over a weekend that was not immediately obeyed. The ruling stands as a preliminary measure while the litigation continues.