Judge halts $20m DHS ad campaign featuring Trump before the midterms

A federal judge in Manhattan on Sunday, October 11, halted a taxpayer-funded DHS ad campaign featuring Donald Trump. DHS is the US Department of Homeland Security. The temporary restraining order, signed by Judge Jennifer L. Rochon, took effect at 6:45 p.m. It also covered spots booked for that same evening.

Judge Rochon freezes the $20m budget and the LMD Agency contract

The order stays a September 20 purchase order between Customs and Border Protection, which is part of DHS, and Lepugh, Inc., which trades as LMD Agency. It also stays a $20 million apportionment from the Office of Management and Budget for the ads. No further payments may go out under the contract.

DHS may not use its money to make, place or air the ads. It must cancel every booked slot and may not sign new or bigger deals. LMD is bound directly as a contractor and must stop running the spots.

The order lists five ads by title, including “The Country He Loves”, “Final Battle” and “Maduro”. It does not describe what they show.

Common Cause and SEIU Local 32BJ call the spots propaganda

The case was brought by Common Cause, a government watchdog, with Robert Hunter, the union SEIU Local 32BJ and its political action committee. They argue the spending goes beyond what Congress approved and breaks limits on government publicity and propaganda. The midterm elections are in November.

Judge Rochon found that the plaintiffs are likely to win and would suffer harm that cannot be undone without the order. She did not ask them to post a bond. A full written opinion will follow. According to the Election Law Blog, the Justice Department did not defend the legality of the ads in its reply.

DHS has 24 hours to confirm the ads are off air

DHS must file a status report within 24 hours to confirm it has complied. The order lasts 14 days unless the court extends it. A conference planned for October 13 was called off and will be set for a new date.

Public money in communications is under closer watch elsewhere too. In Poland, prosecutors asked for the contracts behind a national brand report. In the US, platforms have fought over advocacy ads aimed at rivals.

The next test comes on October 25, when the order expires. By then Judge Rochon must decide whether to extend it or replace it with a longer injunction, and media sellers will learn whether the $20 million stays frozen through election day.