Judge Jennifer Rochon lengthened a temporary restraining order, telling the administration to keep the taxpayer-funded ads off the air until Nov. 8. That date lands after the Nov. 3 elections that critics say motivated the spots. She also put a Nov. 4 hearing on the calendar to consider a more durable order after both sides submit written briefs.
Lawyers for the challengers told the court the ads didn't stop immediately, saying they aired up to 12:17 p.m. Monday. In a letter filed Tuesday, they noted Rochon's first order went out at 6:46 p.m.
Sunday. The judge set a process for the plaintiffs to dig into when agencies were notified and what actions they took. One of the plaintiffs' attorneys said they are not seeking sanctions over the alleged delay.
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The challengers argue the ads run afoul of a federal restriction that prohibits congressional appropriations from being used for improper "publicity and propaganda." Critiques of the spots have come predominantly from Democrats and other critics of the administration. He later said he would personally pay for the video ads, with support from his super PAC. A spokesman for the Manhattan U.S. Attorney's Office, which represents the government in the case, declined to comment.
Two related suits are also in front of a federal judge in Washington, one of them brought by the Democratic National Committee. Democrats there want a fresh temporary order, saying the New York ruling doesn't cover all of their arguments. A hearing in those cases is set for Thursday.
In New York, the matter bears the caption Common Cause v. Department of Homeland Security, 26-cv-8882, and is pending in the Southern District of New York in Manhattan. Bloomberg's Billionaires Index is described as a daily list tracking the wealth of the world's richest people.
When politics bleeds into policy and ad buys, it can shift the mood music around the economy. Keep an eye on the Nov. 4 hearing for clues on whether these ads stay off the air beyond Nov. 8 - and how that might shape the narrative heading into the next news cycle.
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