Judge Extends Ban on Trump Taxpayer-Funded Ads Past Election Day

(Bloomberg) -- The Trump administration cannot air taxpayer-funded television ads lauding the president at least until after the midterm elections, a federal judge in Manhattan ruled Wednesday.

US District Judge Jennifer Rochon extended her earlier order temporarily preventing the administration from airing the ads to now block them until Nov. 8 — after the Nov. 3 elections that Democrats and others claim provided the motivation for the televised spots. Rochon ruled that the challengers would suffer "irreparable harm" without immediate court action.

Rochon set the new expiration date during a hearing in which lawyers representing the plaintiffs, which include the non-profit group Common Cause, a New York union and a Democratic candidate for office in Alabama, complained that the ads continued to run after she issued the order, as late as 12:17 p.m. on Monday. The judge's earlier order came Sunday at 6:46 p.m, the plaintiffs wrote in a Tuesday letter to Rochon.

The judge set a schedule for the challengers to pursue questions about when government agencies received notice of the Sunday order and what they did in response. One of the lawyers for the plaintiffs told Rochon they are not pursuing sanctions against the government based on the alleged failure to immediately stop the ads when ordered to do so.

President Donald Trump has received significant blowback for the ads, mostly from Democrats and administration critics. He has since pledged to pay for video ads with his personal funds and money from his super political action committee.

A spokesman for the Manhattan US Attorney, which is representing the defendants in the case, declined to comment.

The judge said she will hold a hearing on a more permanent order on Nov. 4, after the parties have had a chance to submit written arguments to the court.

The challengers claim the ads violate a law blocking money appropriated by Congress to be used for improper "publicity and propaganda."

Two similar lawsuits challenging the ads are pending before a federal judge in Washington, including one filed by the Democratic National Committee. Democrats want a fresh order blocking the ads for now, arguing that the New York decision doesn't cover all of the same claims they've raised for why the White House's actions are unlawful. A hearing is scheduled for Thursday.