Four Days Before the Midterms, a Biden Judge Orders Trump's '$5,000' Ad Pulled, Even From His Super PAC

Four days before Election Day, a federal judge in Manhattan has ordered President Trump's own White House to take down his promise of $5,000 for every adult.

U.S. District Judge Jennifer L. Rochon, a Biden appointee, ordered on Friday that the administration stop spreading three videos titled "$5,000 to Americans," "Every Democrat Voted Against No Tax on Tips" and "Cost of Socialism." The government must "immediately remove" them from official websites, "including social media sites such as YouTube, Instagram, or other similar sites."

She went further. The administration must also "cancel or cause to be cancelled" any arrangements for the ads to air through outside parties, "including airing of the advertisements by MAGA Inc.," the super PAC backing Trump. MAGA Inc. is not a party to the case. The order was entered at 3:20 p.m. and runs 14 days, past Tuesday's election.

'Purely partisan'

Ruling from the bench after an emergency hearing, Rochon called the three ads "purely partisan," Courthouse News reported from the courtroom. She said she was "hard pressed" to see the $5,000 ad as anything other than a partisan pitch. "Voters are being directly asked to support one political party over another in an upcoming election," she said.

In the 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." Trump first made that promise on X on Oct. 3, in a video posted to his account. "I look forward to signing those checks!" he wrote.

Rochon played one of the ads in open court and pressed the government's lawyer, Assistant U.S. Attorney Jeffrey Oestericher, to explain why it wasn't partisan. He argued it lawfully explained the president's policies. She disagreed.

Who asked for it

The case, Common Cause v. Department of Homeland Security, was filed by a coalition led by Common Cause. The motion to widen the order came from three of its plaintiffs: Service Employees International Union Local 32BJ, the union's political action committee, Empire State 32BJ SEIU PAC, and a voter, Robert Hunter. Their lawyers include Democracy Forward and Campaign Legal Center Action.

Rochon had already stopped the first round. On Oct. 11 she froze a $20 million plan, paid for with Homeland Security money, to air TV ads featuring Trump, including spots titled "Final Battle" and "Maduro." The unions then went after the White House's own online videos and the super PAC that aired them, pointing to the government's admission that White House staff helped produce them by "compil[ing]" them.

In a statement, Common Cause president Virginia Kase Solomón called the ads "an unlawful attempt to use public funds for partisan propaganda right in the middle of an election."

The White House: 'Lawless'

The administration told the court that the president's staff exist to do exactly this. "In serving the President, White House staff play an important role in helping educate the public regarding the President's positions, policies, and accomplishments," the Justice Department wrote in its Oct. 27 opposition. It also argued the court had no power over MAGA Inc., noting the super PAC "has not been named as a party to this case" and that "the Court may not order injunctive relief against the President."

"This Biden-appointed activist judge issued a lawless order to stop the administration from sharing patriotic videos," White House spokeswoman Lauren Bis said, according to the AP.

The plaintiffs had asked for at least 13 ads to come down. Rochon pulled three and left the rest up for now.