Nicolai Haugsted
A federal judge orders Trump to pull taxpayer-funded advertisements just days before the midterm elections.
Government-funded advertising is supposed to inform the public about official policies and services. But the line between public information and political promotion can become contentious when an administration’s advertisements feature the president praising his own record.
That distinction has now become the subject of a federal court battle just days before Americans vote in the midterm elections. President Donald Trump’s administration has been ordered to stop distributing five advertisements from a $20 million taxpayer-funded campaign following a legal challenge by the Democratic National Committee.
The commercials include one featuring Defense Secretary Pete Hegseth celebrating Trump’s military leadership.
According to court documents reported by RadarOnline, US District Judge Loren L. AliKhan issued a temporary restraining order on October 28, requiring federal agencies to halt the advertisements and report back to the court by October 30.
Pete Hegseth’s praise for Trump comes under scrutiny
Among the five advertisements covered by the ruling is a commercial titled American Military Power, which began airing on September 30.
The advertisement combines footage of American military operations in Iran with images of Trump, presenting the president as a central figure in the country’s military achievements.
Hegseth provides the narration, praising Trump’s leadership.
According to the court documents, the defense secretary says Trump has “reminded the world, as he has time and time again, that being an American means something unbreakable.”
A version of the advertisement was also uploaded to the White House’s official YouTube channel on September 11.
Although Hegseth appears prominently in the commercial, the ruling does not accuse him personally of authorizing unlawful government spending.
The legal dispute instead concerns whether federal agencies were permitted to finance and distribute the advertisements using public funds.
$20 million was approved in less than two hours
The financial arrangements behind the campaign have attracted particular attention.
According to the ruling, Customs and Border Protection requested an additional $20 million for commemorative events on September 19.
The Office of Management and Budget approved the request less than two hours later.
The following day, the Department of Homeland Security issued a $20 million purchase order to Lepugh Inc., operating as LMD Agency, for a nationwide advertising campaign.
The commercials were scheduled to appear across major television networks, cable news programs and football broadcasts.
The Democratic National Committee argues that money originally intended for border-security activities was improperly redirected toward political advertising that benefited Trump and Republican candidates.
The lawsuit challenges the administration’s use of those funds rather than merely objecting to the political content of the commercials.
Judge questions the administration’s legal defense
Another advertisement identified in the lawsuit is titled Final Battle.
The commercial features Trump promising to “demolish the Deep State” while confronting his political opponents.
Democrats argued that the advertisement closely resembled material used during Trump’s 2024 presidential campaign, raising questions about whether taxpayers were effectively financing partisan messaging.
Government lawyers maintained that further judicial intervention was unnecessary because federal agencies had already stopped purchasing new advertising placements.
However, Judge AliKhan was not persuaded that the administration’s position eliminated the need for immediate restrictions.
According to the 35-page ruling, the DNC demonstrated a substantial likelihood of success on its claim under the Administrative Procedure Act.
The judge also noted that government attorneys had not defended the advertisements’ substantive legality under the federal spending laws identified in the lawsuit.
The temporary order does not constitute a final ruling that the entire campaign was unlawful.
Instead, it prevents the administration from continuing the challenged activities while the legal dispute proceeds.
White House must explain whether it has complied
Trump had previously announced plans to pay for the advertisements himself, alongside funds raised for the MAGA Inc. political organization.
However, court records indicated that some of the disputed commercials continued airing after that announcement.
The judge therefore ordered the Office of Management and Budget and the Department of Homeland Security to stop developing, airing or distributing the five advertisements, including through authorized third parties.
The agencies must submit a compliance report by October 30 explaining how they have implemented the restrictions.
The timing places the dispute directly in the final days before the November 3 midterm elections.
The restraining order remains in effect for 14 days from October 28 unless extended.
Both sides must also propose a schedule for further injunction proceedings by November 2.
For the administration, the immediate issue is whether it can demonstrate compliance with the judge’s instructions.
For the Democratic National Committee, the case remains a broader challenge to the use of federal funds for advertisements it considers political campaigning.
The next court filings will help determine whether the restrictions remain temporary or become part of a longer legal battle over government spending and political advertising.
