Former White House ethics attorney: Taxpayer-funded ads could be ‘impeachable offense’

Former White House ethics attorney Richard Painter said the White House using taxpayer dollars for TV ads promoting President Trump could be “an impeachable offense.”

“As I told @baylisswagner of the @nytimes here, this could be an impeachable offense. @POTUS has no right to use taxpayer money for campaign ads,” Painter wrote Sunday on social platform X, referencing similar remarks he made to The New York Times .

“Congress has expressly prohibited government sponsored political propaganda, which is dangerous for democracy,” added Painter, who was former President George W. Bush’s chief ethics lawyer during his second term.

Multiple networks in recent days have aired the ads promoting Trump, with roughly five weeks remaining before the midterms . Republicans are fighting to maintain control of Congress next year.

One ad features audio of the president saying, “Together, we will defeat communism, socialism and Marxism in America,” as singer JMSN’s “Love Me” plays in the background.

The ad concludes with audio of Ultimate Fighting Championship CEO Dana White calling Trump the “toughest, most resilient person that I’ve ever met.”

Another clip features the president saying during his 2024 presidential campaign that he and his supporters “will demolish the deep state” and “expel the warmongers from our government.” The war in Iran , which the U.S. and Israel launched in late February, hit the seven-month mark on Tuesday.

“We will rout the fake news media, and we will liberate America from these villains once and for all,” the president says in the ad.

Both of the spots include disclaimers which say, “Paid for by the U.S. Government.” Under the Federal Election Campaign Act of 1971 , public officials cannot use taxpayer dollars for campaigning purposes.

Lawmakers on both sides of the aisle have criticized the latest advertisements. Democratic Sen. Chris Murphy (Conn.) wrote on X last week , “Every taxpayer, no matter your party, should be outraged by this.”

GOP Sen. John Kennedy (La.) also said Sunday the use of taxpayer money to fund ads promoting the president was “probably” illegal.

“I don’t think any public official, including President Trump … or John Kennedy, should spend public money … on private ads for themselves,” Kennedy told host Margaret Brennan on CBS’s “ Face the Nation .”

But the White House has defended the clips, claiming in a Friday release that the commercials “are clearly not campaign ads” since Trump is not on the ballot in November. The president has instructed voters, though, to “ pretend ” as if he is on the ballot in the midterms.

The Trump administration also highlighted past examples of the federal government airing public service announcements, such as when the George W. Bush and Obama administrations aired spots explaining new Medicare legislation and open enrollment in the Affordable Care Act marketplace, respectively.

“When prior Administrations utilized the airwaves, it was called ‘public education,’” the White House release reads. “When this Administration promotes pride in our country, many of those same voices call it ‘propaganda.’

“Patriotism isn’t partisan. These public service announcements are unapologetically American, clearly disclosed, and aimed at the country — not a line on the ballot,” it continued.