When a judge demanded answers, the Justice Department dodged questions about the legality of taxpayer-funded campaign ads that President Donald Trump used Homeland Security funds to air across the U.S. The president is waving the white flag on whether Americans will keep funding the ads.
A Reuters/Ipsos poll conducted Sept. 30–Oct. 5 and reported Oct. 6 found overwhelming opposition to Trump’s use of taxpayer dollars to run his campaign ads. A whopping 86 percent of those surveyed called it “inappropriate.” Meanwhile, 80 percent of Republicans also indicated that the move was improper.
Politico reported that the ads would air for the last time on Sunday, one Homeland Security official told the judge in a late-night court filing.
The Democratic National Committee (DNC) and Common Cause filed separate lawsuits seeking to end the ads, and in a filing late Saturday night, the Trump administration filed a response refusing to answer any of the allegations in the suit. The response was to say that the case should be dismissed because the ads are going away.
Politico cited the filing, which included statements from a Customs and Border Protection official, Holly Mehringer. She explained that the agency issued a $20 million purchase order to the Maryland LMD Agency on Sept. 20 under “a previously awarded blanket agreement.”
The funds came from the “One Big Beautiful Bill Act” passed by Republicans in 2025, which gave CBP money for activities such as “commemorating efforts and events related to border security.” The ads have appeared across Fox, CNN, MSNOW and Newsmax, as well as CBS, ABC and ESPN.
Last week, after the backlash began, the administration said it would end the ads, but it had no plans to pay back the government for the millions of dollars.
Common Cause responded to the DOJ filing on Sunday, calling the promise to stop the ads “insufficient.”
“Defendants say there is nothing for this Court to do because the Defendants will stop airing the ads soon—presumably by the time Defendants believe the Court can rule on the motion,” the group wrote. “That attempt to run out the clock does not cut against issuing a [restraining order.]”
The group also pointed out that the DOJ ignored the judge’s requests about the White House’s role in the ads and spending.
The Common Cause lawsuit goes beyond merely requesting that the ads be stopped, but it also seeks to recover some of the funds that may have been paid but not spent. That’s not the same, however, as demands from critics asking that Trump’s political action committee reimburse the government.