White House using taxpayer money to run ads promoting Trump. Is it legal?

The White House has spent days fiercely defending three taxpayer-funded advertisements that glorify President Donald Trump and have cost more than $1.7 million in public spending, calling them public service announcements like those used in past administrations.

“Don’t let the Fake News get away with their lies about our epic Public Service Announcements that have been running on tv,” White House communications director Steven Cheung posted on X on Sunday.

But the Republican administration’s ads attracted mounting criticism on Monday, including from members of Trump’s own party.

“It shouldn’t be paid for with taxpayer dollars,” Senate Majority Leader John Thune, R-S.D., told reporters.

“It would not have been something that I would have done. And I know that the White House is not covered by the same guidance that we are, but it’s not something that I would have done,” said Sen. Mike Rounds, another South Dakota Republican.

Multiple legal experts consulted by The Associated Press said the ads appear to run afoul of federal statutes, including a law against congressionally appropriated funds being used for “publicity or propaganda” and a law that limits the partisan political activities of government employees.

They said the new ads, which are airing on network and cable TV and streaming, differ from other administrations’ PSAs because they aren’t designed to help Americans access any specific program.

“You watch all three ads, they’re sheer propaganda,” said Richard Painter, a former White House ethics czar under Republican President George W. Bush. “This is increasingly looking like what authoritarian governments do to promote their leaders.”

One of the ads is nearly identical to an ad put out by Trump’s 2024 presidential campaign. The White House did not specifically respond to NBC News’ question about that observation.

The heightened scrutiny comes as the Trump administration has increased spending on the ads and bought time on popular TV shows, including college football and National Football League programming. It remains unclear which part of the government is supplying the funds.

With both chambers of Congress led by Republicans, any oversight would likely have to come from Trump’s allies, decreasing the likelihood of hearings or other accountability efforts before November’s midterm elections.

Three ads have aired in less than a week, totaling well over $1 million

The first ad in the campaign, which began airing last Wednesday, features clips of Trump talking about defeating communism interspersed with onscreen text promoting the “largest tax cuts in history,” “reigniting American manufacturing” and a call to “defend law and order and police.”

Later in the week, a second ad began running, showing scenic videos of Mount Rushmore at night with quotes and clips from Trump’s Fourth of July weekend speech there honoring the country’s 250th anniversary.

The latest of the ads, a spot first aired over the weekend, is virtually identical to an ad for Trump’s Republican reelection campaign in 2024. It shows him walking down a hallway as his voice can be heard warning of a “final battle” against “globalists” and “warmongers.”

All three ads end with a message that says: “Paid for by the U.S. Government.” The White House hasn’t responded to inquiries about which part of the government is paying.

According to AdImpact, which tracks political ad spending, the spots have so far cost more than $1.7 million and run across a wide range of TV networks around the country, NBC News reports. AdImpact doesn’t have full visibility into airings on every cable channel in every market in the country, hampering that estimate.

The actual amount spent could be significantly more, depending on whether networks classified the ad as a political ad.

The ads are different from past PSAs, experts say

In defending the campaign, the White House published a list of PSAs from recent Democratic and Republican administrations.

Among the examples it cited were Bush’s Republican administration touting a Medicare law, Barack Obama’s Democratic administration promoting Affordable Care Act subsidies and Joe Biden’s Democratic administration running ads promoting COVID-19 vaccinations.

“The announcements are very clearly not campaign ads; President Trump is not on the ballot and there is no call to action,” the White House wrote. “Instead, the announcements are a reminder for Americans to love their country and know why it’s worth defending — at home, at the border, and abroad.”

Kathleen Clark, a legal ethics professor at Washington University in St. Louis, said in her view the new ads differ from the examples the White House provided because they aren’t aimed at helping members of the public benefit from specific government programs.

“These ads are nothing more than government propaganda, aimed at helping Trump,” she said.

Painter, who joined the Bush administration after the Medicare PSAs went out, said that ad campaign toed the line on appropriateness because it included misleading information about Medicare Part D. But he said Trump’s campaign is a far more egregious violation of the statute that blocks congressionally appropriated money from being spent on publicity or propaganda.

“There’s nothing in here about a particular policy that’s at all focused,” Painter said of Trump’s ads. “One of them is just about the evils of the deep state. Another one of them is about communists and Marxists.”

In its support for the ads, the White House also referenced the administrations of President Woodrow Wilson and President Franklin D. Roosevelt, both of whom used posters, radio and film to rally the country during World Wars I and II.

James Kimble, a communication professor at Seton Hall University who studies domestic propaganda, said it’s true that Wilson’s Democratic administration used propaganda to rally Americans. But he said most Americans no longer view its actions in a positive light.

“By almost any objective measure, looking back, we find what they did pretty repulsive,” he said.

Skepticism of the campaign grows on the Hill

Top Democrats on the Senate and House appropriations committees last week wrote to the White House demanding the ads be taken down and requesting more information on how much money was spent to create and air them.

In the days since, more than a dozen Democrats and a handful of Republicans have spoken up to further criticize the ads. Senate Minority Leader Chuck Schumer called the latest ad “an absolute violation of what a democracy is supposed to look like.”

“Americans sat down to watch football, not to be force-fed Trump’s propaganda on their own dime,” he said in a Senate floor speech Monday.

Sen. John Kennedy, a Republican from Louisiana, said on CBS’s “Face the Nation” on Sunday that no public official should spend public money on private ads for themselves.

And Rep. Thomas Massie, a Kentucky Republican who lost his primary to a Trump-backed challenger, had his own harsh words for the administration on Monday.

“Don’t worry, using taxpayer dollars to run ominous campaign ads of the President has been done before and is completely legal… in banana republics,” he wrote in an X post.

The Republican chairs of the Senate and House appropriation committees didn’t respond to requests for comment.

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Associated Press writers Mary Clare Jalonick and Steven Sloan contributed to this report.