The Trump administration argued that a federal court doesn’t need to weigh in on a lawsuit over taxpayer-funded promotional ads since their run ends Sunday anyway.
President Donald Trump has faced public scrutiny and several legal challenges to his administration’s use of up to $20 million in taxpayer funds to run ads ahead of the midterm elections, many of which seem like campaign spots.
The Department of Homeland Security, which has used its funds to buy airtime, argued in a court filing Saturday that the ads aren’t scheduled beyond Sunday and the administration has not sought any additional media buys. However, Common Cause, a nonpartisan watchdog group that sued the Trump administration over the TV ads, called on a federal judge to intervene.
“Beyond their soon-to-be-cessation argument, Defendants offer no guarantee that the ads will not continue beyond today,” Common Cause said in its filing. “They acknowledge that the contract with the ad agency runs until September 2027.”
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Common Cause filed a lawsuit against DHS on Wednesday requesting a temporary restraining order blocking the ads from airing while the legal challenge proceeds. The group also requested a more permanent order from the court to bar the government from taking any action on the ad campaign.
Judge Jennifer L. Rochon of the Southern District of New York has not issued a ruling on the emergency request from Common Cause. During a hearing Friday, Rochon, a Biden appointee, set an expedited schedule for the government and Common Cause to submit responses to the motion this weekend.
The Trump administration is facing two additional lawsuits from the Democratic National Committee and Democratic Party of Wisconsin concerning the ads. The legal challenges take specific issue with Trump running the ads to promote his agenda, and effectively the Republican party, weeks away from the midterms.
The ads feature stylized edits of the president and other Cabinet officials, with one spot echoing Republican rhetoric on the dangers of communism and another promoting U.S. missile strikes on Iran. Earlier this month, CNN reported at least a dozen ads had been created. Each of the previously aired spots contain a disclaimer reading “Paid for by the U.S. Government.”
In the Saturday court filing, DHS said that U.S. Customs and Border Protection had issued $20 million to the ad firm LMD Agency under a “blanket purchase agreement” but noted the transaction “only funded the airing of preexisting media.”
Holly C. Mehringer, the acting DHS chief financial officer, said in a court affidavit that the department used approximately $19 million for the contract with LMD Agency, leaving potentially around $1 million on the table. Mehringer asserted that DHS will not make any additional media buys past Sunday and any leftover funds “will be de-obligated,” but Common Cause remained unconvinced.
“Considering that Defendants state they will continue to run the ads today, the vague statement that DHS currently has no current ‘plans’ to use the remaining $1,000,000 — which has not been de-obligated and remains available — rings hollow. So too does the limited vow not to use ‘any similar contracts’ to air these ads going forward,” attorneys for the watchdog group wrote.
Congress allocated billions through the “one big, beautiful bill” to DHS for “commemorating efforts and events related to border security.” Initially, the department had only budgeted $1 million for this category, but the White House Office of Management and Budget added the $20 million to the item on Sept. 19. The ads began airing days later on Sept. 23.
The ads have drawn scrutiny from Republican and Democratic lawmakers, who raised questions about whether it is legal to use taxpayer funds for ad campaigns.
In an emailed statement sent to The Washington Sun on Tuesday, the White House characterized the TV-spots as “Presidential Public service announcements” and said they “are nothing new,” citing ad campaigns run by former presidents George W. Bush, Barack Obama and Joe Biden. Those spots were focused on government-run programs like Obama’s Affordable Care Act.
Trump announced last week on Truth Social that he plans to pay for the ads himself with the help of the money he raised through his super PAC, MAGA Inc — a move that may be illegal under federal campaign finance laws that prohibit a president from directing the spending decisions of a super PAC.
The White House later confirmed that Trump only plans to pay for the ads going forward, and he does not plan to reimburse the government for the millions already spent on the media buys.
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