The Democratic National Committee says $20 million in Homeland Security money paid for illegal propaganda. Trump says his super PAC will pay from now on but won't commit to repaying taxpayers.
The Democratic National Committee sued the Trump administration Wednesday to stop a run of TV ads featuring President Donald Trump that were paid for with $20 million in Homeland Security money, arguing the spots are illegal government propaganda aimed at the Nov. 3 midterms.1,2 The suit, filed in U.S. District Court for the District of Columbia, names Trump, the White House, the Department of Homeland Security and the Office of Management and Budget, and alleges Trump personally directed the campaign.1
The DNC wants a judge to declare the ads unlawful and bar any more federal money from paying for them.1,3 DNC Chair Ken Martin said Trump is misusing taxpayer dollars in "a last-ditch attempt to save Republicans in November."2
Federal budget records show the money moved on Sept. 19 into a U.S. Customs and Border Protection account for "commemorative events." The next day, according to federal contract data, a $20 million "National Media Campaign" contract went to LMD Agency, a Maryland ad firm.4 House Democrats said OMB Director Russ Vought made the transfer.5 The money appears to trace to the 2025 tax and spending law Trump signed, which gave DHS $6.2 billion for border security, including commemorating border security efforts and events.4
The ads started airing Sept. 23, and Trump personally picked which ones would run, Axios reported.6 One closely mirrors a black-and-white 2024 Trump campaign ad warning of a "final battle" against "globalists," with the campaign's sponsorship line swapped for "Paid for by the U.S. Government."5,6 Another features Trump saying America will never be a communist country.7 A fifth spot, promoting Trump's military actions in Venezuela earlier this year, began airing Tuesday.1
AdImpact, which tracks political ad spending, now estimates the government has spent more than $12 million on airtime.1 That's up from its estimate of about $2.5 million a week after the launch, when the ads had already aired more than 2,000 times on broadcast TV, with Fox's NFL coverage the single largest buy.6
The ads ran nationally, during NFL and college football broadcasts as well as shows like Saturday Night Live and Fox News Sunday.5,8 Fox Watershed reported in September on the spots showing up in local timeslots here, complete with the government funding disclaimer.9
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The timing matters in Wisconsin, where voting is already underway. Clerks had to mail the first wave of absentee ballots by Sept. 17, and Green Bay alone sent just over 5,600.10 In Green Bay, in-person absentee voting runs Oct. 20 through Oct. 30.11
After lawmakers from both parties objected, Trump posted Monday that the ads were "a positive promotion for our Great U.S.A." and that future spots would be paid for with money he raised for MAGA Inc., his super PAC.7 The PAC had more than $400 million at the end of July.7 Asked Tuesday whether taxpayers would get back the millions already spent, he said, "We'll decide."7 NBC News reported that several ads kept running with the government disclaimer after his announcement.2
The White House has defended the spots as public service announcements comparable to those run by earlier administrations, with a spokesperson saying they're "about reminding Americans to love their country."4 Legal experts quoted by AP say the ads differ from typical PSAs because they don't help people use a specific government program.1,5 Federal Communications Commission Chair Brendan Carr, a Trump appointee, declined to review them.2,7
Republican objections have been pointed. Senate Majority Leader John Thune said the ads shouldn't be paid for with taxpayer money, and Sen. Thom Tillis of North Carolina compared them to the tactics of Hungarian leader Viktor Orbán.5 Rep. Thomas Massie of Kentucky said the spending was legal only "in banana republics."8
The DNC's suit leans on a long-standing appropriations ban on spending federal money for "publicity or propaganda" that Congress hasn't authorized.1 According to a Law Commentary summary of the complaint, it also claims violations of the Purpose Statute, which limits spending to what Congress approved, and the Antideficiency Act, and asks for review under the Administrative Procedure Act.3 Before reaching any of that, the court will have to decide whether the DNC has standing to sue.3
Other challenges are pending. Public Citizen asked the Government Accountability Office and the Office of Special Counsel on Sept. 25 to investigate the ads under the federal propaganda law and the Hatch Act, which restricts partisan activity by federal employees.8 Sen. Patty Murray of Washington, the top Democrat on the Senate Appropriations Committee, and Sen. Chris Murphy of Connecticut, the top Democrat on its Homeland Security subcommittee, gave Homeland Security Secretary Markwayne Mullin 48 hours on Sept. 29 to say who directed the spending and whether any agency lawyer signed off, and copied the department's inspector general.12 Their letter asked that the ads come off the air and that taxpayers be repaid.12 The defendants didn't immediately respond to the lawsuit.1
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