SDNY COURTHOUSE, Oct 11 – On the
Administration's use of public funds for "propaganda
ads" an emergency hearing was held on October 9 before
U.S. District Court for the Southern District of New
York Judge Jennifer L. Rochon. Inner City Press was
there, in the largely empty courtroom, and live
tweeted here
and below.
Past 11 pm on Saturday, October 10 DOJ filed
its opposition, that "The vendor has currently
purchased media buys under the terms of the purchase
order through tomorrow, October 11, 2026. Id. ¶ 8. DHS
has directed the vendor not to make any additional
media buys past October 11, id., and DHS has no plans
to make any additional media buys under the purchase
order or otherwise use appropriated funds on any
similar contracts for the creation or distribution of
the media that is the subject of this lawsuit, id. ¶
10. Accordingly, the alleged offending conduct will
end tomorrow, and Plaintiffs therefore will suffer no
harm, let alone irreparable harm, absent an
injunction. Plaintiffs’ motion also should be denied
for the additional, independent reason that they lack
standing" - full filing on Patreon here.
At 6:45 pm on Sunday, October with
immediately effect a stay against the ads issued: "
(OMB) apportionment of $20 million to fund the
development, creation, and/or airing of the
advertisements covered by the September 20, 2026
purchase order, including but not limited to The
Country He Loves, Celebrating the Enduring Spirit,
Final Battle, To the Great Proud People of Iran, and
Maduro (collectively the challenged advertisements) is
stayed" - Order on Patreon here.
From October 9, with Inner City Press one of
only two journalists in the courtroom:
All
rise!
Plaintiffs' lawyer: The Government is spending millions
in public funds, putting its thumb on the scale. We need
relief today.
Judge Rochon: There is a case in DDC, before Loren L.
AliKhan. Is emergency relief sought there?
AUSA: Yes
Plaintiffs'
lawyer:
There is a big Alabama football game this weekend. The
ad says, America would never be a socialist country - it
hurts Mr. Hunter.
Judge Rochon: Why did you bring this motion last night,
the day before you seek relief?
A: We worked fast
AUSA:
I believe the contract ends October 11.
Judge Rochon: For ad creation? Or ad buys? Because the
ads have already been created, allegedly inappropriately
funded. Are you saying there is no need for a TRO?
AUSA: I am.
Judge Rochon: I'll need more information
Judge
Rochon:
Let me be clear, I will not be issuing any TRO in the
next five hours. I need more time. That the ads may be
played this weekend. I understand. But they started two
weeks ago. They knew of DHS on September 29. Time has
passed.
Judge
Rochon:
That said, let me understand the case a bit better. Are
you seeking to enjoin the dissemination of the 13 ads
created but not yet disseminated? Or future ads?
Plaintiffs' lawyer: Certainly the 13. And those
substantially similar
Judge
Rochon:
Any case law, beyond the 1988 case you cite, on
misappropriation?
Plaintiffs' lawyer: I don't have one handy.
Judge Rochon: How do they run afoul of the
Appropriations Act, if Mr. Trump is not running for
office and the Democrats are not mentioned?
Plaintiffs'
lawyer:
President Trump has said, Vote like I am on the ballot.
Judge Rochon: But that's not in the ads themselves.
Plaintiffs' lawyer: Hunter's opponent has tied himself
to Trump. These ads started just before the midterms.
Plaintiffs'
lawyer:
Mr. Hunter is an avowed Democratic Socialist. The ads
attack him.
Judge Rochon: What about deferring, after Chevron
deference was overturned?
Plaintiffs' lawyer: You don't need to use the Office's
interpretation. This is propaganda
Judge
Rochon:
How do you respond to the argument that the ads only
celebrate America?
Plaintiffs' lawyer: The ads are purely partisan,
celebrating President Trump and his allies. The money
used for this was apportioned to DHS to honor fallen
victims
Judge
Rochon:
AUSA, they cite to a meeting with Susie Wiles, with
instructions given to Natalie Harp
AUSA: I have no idea
Judge Rochon: Was Russell Vought involved in finding the
$20 million in funds, from H.R. 1 - will that be
disputed?
AUSA: I don't know
AUSA:
I can confirm there is a contract. That is all.
Judge Rochon: Plaintiffs say the ads cost $15.4 million
- true?
AUSA: I don't know.
Judge Rochon: Will more money be spent over the weekend
on these ad, before Sunday?
AUSA: I don't know
Judge
Rochon:
On Truth Social he said, "I will pay for them myself."
Are appropriate funds still being used?
AUSA: I don't know. You take a good deposition..
Judge Rochon: After Mr. Trump posted that, Plaintiffs
say the ads continued, even yesterday. MAGA Inc?
IDK
AUSA:
I am not prepared to address the merits.
Judge Rochon: So I can't make a ruling right now, I need
information from the Government. But I recognize the
urgency. They only got the papers this morning. Can you
agree on a schedule? Let's take a break.
Break
All
rise!
AUSA: There is no agreement. We propose to respond on
Wednesday.
Judge Rochon: That's too long.
Plaintiff's response: We propose Sunday morning for
them, Sunday evening for our replyl.
Judge Rochon: Have a seat... I will impose this: US by
Saturday night
Inner City Press note: DOJ, and these plaintiffs, should put their full filings online if PACER is down - and has submitted a letter on that, watch this site.
More on X for Subscribers here
and Substack here
The case is Common Cause, et al., v. Department of
Homeland Security, et al., 1:26-cv-8882 (Rochon)
