SDNY COURTHOUSE, Oct 9 – 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:
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)
