From Law & Crime · · 3m
I don't have facts: DOJ attorney demurs in 2nd case over Trump's decision to use taxpayer money for campaign-style ads
DOJ attorney says 'I don't have facts' as judge jokes about unitary executive theory in Trump ad case.
In brief
DOJ attorney says 'I don't have facts' as judge jokes about unitary executive theory in Trump ad case. DOJ attorney claims no facts beyond Oct. 11 for Trump's taxpayer-funded campaign ads after DNC sued over illegal use of public funds. Originally reported by Law & Crime.
DNC sues over Trump ads
The Democratic National Committee sued after the White House produced and aired campaign-style ads using funds originally approved for border security events.
“Trump personally directed this illegal activity. The White House Office crafted the partisan campaign. The Office of Management and Budget shifted $20 million to pay for it. And U.S. Customs and Border Protection (CBP) has carried it out.”
Judge jokes about TV
U.S. District Judge Loren AliKhan joked about her lack of interest in television, saying, 'My second TV-related TRO in two weeks.'
“My second TV-related TRO in two weeks”
DNC claims ads violate propaganda ban
The DNC argues that using public funds to create political ads violates longstanding congressional funding rules that prohibit appropriations for 'publicity or propaganda purposes.'
“Under longstanding language used in congressional funding bills, appropriations cannot be used for 'publicity or propaganda purposes.'”
DNC's ad claims
The DNC's lawyer said the ads continued for weeks, including a rebroadcast of one of President Trump's 2024 campaign ads with the tagline 'paid for by the U.S. government.'
“The ads continued for weeks, including a rebroadcast of one of President Trump's 2024 campaign ads”
Plaintiffs say ads still active
The plaintiffs stressed that the government's purported 'voluntary cessation proved not to be credible' because the same ad continues to be featured on the White House website and government social media feeds.
“the government's purported 'voluntary cessation proved not to be credible'”
DOJ attorney demurs
The DOJ attorney argued that the relevant issue was whether the ads are being broadcast on TV, saying they 'cannot meet the standard for a TRO because the plaintiff's alleged harm stems from the airing…
“They cannot meet the standard for a TRO because the plaintiff's alleged harm stems from the airing of the challenged ad”
DOJ claims no facts after Oct. 11
The DOJ attorney replied to the judge's question about post-Oct. 11 airing by saying, 'I don't have facts' and cited a DHS declaration that they are not making any more purchases under the purchase order.
“I don't have facts”
DOJ clarifies online ads
The government lawyer also clarified that online versions of the ads do not bear the 'paid for by the U.S.
“online versions of the ads do not bear the 'paid for by the U.S. government' tagline”
DNC disputes third-party payments
The DNC attorney said there is actually no indication that any third parties have stepped up to pay for any ads.
“there is actually no indication that any third parties have stepped up to pay for any ads”
Plaintiffs argue ads remain illegal
The plaintiffs' lawyer argued that the same or similar events could happen again and stressed that the ads are illegal no matter where they air or who pays for them.
“the ads are illegal no matter where they air or who pays for them”
DNC claims harm persists
The DNC's lawyer said the government choosing to cut off the ads when the litigation was filed 'cannot moot this case…otherwise this would be whack-a-mole.'
“the government choosing to cut off the ads when the litigation was filed 'cannot moot this case…otherwise this would be whack-a-mole'”
DOJ dismisses ultra vires claim
The DOJ dismissed the DNC's argument that the government's actions were 'ultra vires' by saying, 'An ultra vires claim is a Hail Mary pass that almost never succeeds.'
“An ultra vires claim is a Hail Mary pass that almost never succeeds”
Judge questions unitary executive theory
The judge pressed the DOJ attorney on why it conceded issues in the Manhattan case but not here, prompting the DOJ attorney to say, 'You profess to believe in the unitary executive theory.'
“You profess to believe in the unitary executive theory”
DNC claims 80% oppose ads
The DNC lawyer said over 80% of Americans oppose these ads because they know the ads are publicity and propaganda.
“over 80% of Americans oppose these ads because they know the ads are publicity and propaganda”
Court adjourns
The court adjourned with Judge AliKhan saying she would take all arguments under advisement and issue a ruling soon.
“The court adjourned with Judge AliKhan saying she would take all arguments under advisement and issue a ruling soon”
The headline
DOJ attorney claims no facts beyond Oct. 11 for Trump's taxpayer-funded campaign ads after DNC sued over illegal use of public funds.
