Judge Orders Trump Administration to Pull Three Taxpayer-Funded Ads. Taxpayer Money Is Not a Campaign Fund.

The facts come first below. My opinion follows in the section marked as opinion.

A federal judge in New York has ordered the Trump administration to pull three taxpayer-funded ads that she found were likely partisan, including one built around the president's promise that Americans will get $5,000 if Republicans win. U.S. District Judge Jennifer L. Rochon ordered the government to take down the ads titled "$5,000 to Americans," "Every Democrat Voted Against No Tax on Tips" and "Cost of Socialism," and she declined to pull several other ads, the Associated Press reported.

The written order, dated Friday, Oct. 30, directs the government to remove the three ads from official websites, including YouTube and Instagram, and to cancel any arrangements for third parties to air them, including the president's super PAC, MAGA Inc. The order lasts 14 days unless the court extends it, according to the court's order.

What the judge found

Rochon ruled from the bench after an emergency hearing in Manhattan. She relied on a longstanding provision in federal spending law that bars federal funds from being used "for publicity or propaganda purposes," Courthouse News Service reported.

In the "$5,000 to Americans" ad, Trump speaks from the Oval Office. "If the Democrats win, you will have an economic depression," he says. "If the Republicans win, you will each have $5,000 in your pocket." The judge said, "Voters are being directly asked to support one political party over another in an upcoming election," according to Courthouse News. She called the tips ad "a classic partisan advertisement" because it showed Democratic candidates and criticized them for their votes.

The case began when Common Cause sued the Department of Homeland Security over ads paid for with border security money. Rochon had already barred the government from running those partisan ads on television. The latest ruling came after the plaintiffs argued the government was running ads online with Executive Office of the President funds, Courthouse News reported. The plaintiffs sought the removal of at least 13 ads, the AP reported.

The administration's side

The White House has defended the ads as public service announcements like those past administrations made. White House spokesperson Lauren Bis said, "This Biden-appointed activist judge issued a lawless order to stop the administration from sharing patriotic videos," the AP reported. Rochon was nominated by President Joe Biden.

The judge did not side with the plaintiffs on everything. She noted that the Government Accountability Office has recognized that the president's office may inform the public about its policies, justify them and respond to attacks on them. She said the plaintiffs' requests were "broad and far reaching," and that she expected the government to ultimately prevail on many of the ads, according to the AP.

Dock Line has covered a separate pre-election ruling against the administration in California: Judge Orders DOJ to Stop Threatening Election Officials.

Opinion: Taxpayer money is not a campaign fund

I agree with much of what this president is trying to do. I also believe the law means what it says. Congress has long barred federal agencies from spending public money on publicity or propaganda. An ad that warns voters of depression if one party wins and promises them cash if the other wins is a campaign ad. It belongs on a campaign budget, not the Treasury's.

Conservatives should be the first to say so. We complained for years when government power seemed to be used for one side, and we were right to complain. A rule against spending tax dollars on partisan messages protects every taxpayer, and it will protect conservatives the next time Democrats hold the White House. If we excuse it now, we will have no ground to object later.

To be fair, this judge did not give the plaintiffs everything they wanted. She left most of the challenged ads alone and acknowledged that a president may defend his policies to the public. That is the right line. Explaining a law is government work. Telling people which party to vote for is not.

Jesus said, "Render therefore unto Caesar the things which be Caesar's, and unto God the things which be God's." Christians pay their taxes as a duty. In return, those who collect them owe the public honest stewardship. Money taken from Democrats and Republicans alike should not be spent telling either one how to vote.

If the president's message is true, and much of it is, it can win on its own. His allies can pay to make that case. Then voters can decide on Tuesday.