President Donald Trump speaks during a dinner in the Rose Garden of the White House, Thursday, Sept. 17, 2026, in Washington (AP Photo/Alex Brandon).
Shortly after the start of the war with Iran, President Donald Trump ran "Final Battle" ads promising he would "expel the warmongers" — and two lawsuits quickly followed. One of the complaints alleged that the ads were unlawful "propaganda," and the plaintiffs successfully persuaded a judge to issue a temporary restraining order (TRO) over the weekend.
U.S. District Judge Jennifer Rochon entered the TRO just four days after the case was filed.
Plaintiffs Common Cause, Alabama Democratic Socialist candidate Robert Hunter, Service Employees International Union Local 32BJ and Empire State 32BJ SEIU PAC sued the Department of Homeland Security (DHS), Secretary Markwayne Mullin, the Office of Management and Budget (OMB), Director Russ Vought, the Executive Office of the President, and Trump's chief of staff Susie Wiles, claiming the executive branch unlawfully shifted "taxpayer funds to place the government's thumb squarely on the scale before hard-fought elections[.]"
"At the White House's direction, the Office of Management and Budget shifted funds appropriated to the Department of Homeland Security for 'border security, technology, and screening,' allocating an additional $20 million for commemorative events related to border security—a category that Congress included to pay respects to officers who died in the line of duty, recognize department anniversaries, and honor victims of crime," the complaint said. "But the plan was never to use the funds for those authorized uses. Instead, the day after OMB's budget maneuvering, DHS signed a $20 million contract for the national broadcast of advertisements that praise President Trump and echo attacks that he regularly makes against his Democratic political rivals."
While the plaintiffs sought an emergency TRO, the government argued there would soon be nothing to block.
"The vendor has currently purchased media buys under the terms of the purchase order through tomorrow, October 11, 2026. DHS has directed the vendor not to make any additional media buys past October 11, 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," the DOJ said. "Accordingly, the alleged offending conduct will end tomorrow, and Plaintiffs therefore will suffer no harm, let alone irreparable harm, absent an injunction."
Rochon, appointed to the bench in the Southern District of New York by President Joe Biden in 2022, noted on Sunday that the plaintiffs "sought relief before the weekend when the advertisements would continue to be shown," found that they had standing, ruled that they were "likely to succeed on the merits" and "will suffer irreparable harm in the absence of an injunction."
"[T]he balance of the equities tips in their favor, and an injunction serves the public interest," the judge said.
The plaintiffs celebrated the two-week restraining order for shutting down "blatantly unlawful political propaganda."
"There is no legal justification — and no precedent — for the president to use the machinery of the government and funds set aside by Congress for other uses to influence electoral outcomes that further his own agenda," they said in a statement shared by the Campaign Legal Center. "As this case moves forward and voters make their voices heard in this election, we will work to ensure the rule of law continues to be upheld, protecting the rights of voters and our democracy."
The judge's order, available here, applied the TRO to the "Final Battle" ad and to an ad called "The Country He Loves, Celebrating the Enduring Spirit, Final Battle, To the Great Proud People of Iran, and Maduro[.]"
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