DNC Files Amended Complaint in Lawsuit Over 'Paid for by the U.S. Government' Ads One Day Before the Midterms
The Democratic National Committee on Monday filed an amended complaint in its federal lawsuit against President Donald Trump and his administration over a series of television ads that ended with the tag line "Paid for by the U.S. Government." The filing came one day before the Nov. 3 midterm elections.
The amended complaint was entered on the docket of the U.S. District Court for the District of Columbia on Nov. 2 in DNC v. Trump, No. 1:26-cv-03506. As of publication, the document was not available on the free public docket, and The Digital Free Press has not been able to review what it adds or changes.
The DNC first sued on Oct. 7, naming Trump, the White House Office, the Office of Management and Budget and the Department of Homeland Security. It alleges the administration used public money for what it calls a national propaganda campaign, violating an appropriations rule that bars spending "for publicity or propaganda purposes within the United States not heretofore authorized by Congress," along with two other federal spending laws. Those are the DNC's claims.
What the Court Has Ruled on the Government Ads
On Oct. 28, U.S. District Judge Loren L. AliKhan granted the DNC's request for a temporary restraining order. Her order stays OMB's apportionment of $20 million for a national media campaign tied to a Sept. 20 Customs and Border Protection purchase order, and bars OMB and DHS from "developing and airing" five ads: "The Country He Loves" (also called "Love Me"), "Maduro," "Final Battle," "Mount Rushmore" and "American Military Power."
The judge found the DNC had shown "a substantial likelihood of success" on its Administrative Procedure Act claim against OMB and DHS. She did not rule on its separate claim against the White House Office, and noted the DNC does not seek relief against the president himself. The order does not cover other videos the DNC says White House staff produced, some posted on the White House YouTube channel. There has been no final ruling on the merits.
According to DHS declarations filed in the case, the vendor, LMD Agency, ran media buys costing about $19 million, and the last ads under the purchase order aired on the evening of Oct. 11.
Video: The White House YouTube channel (file, Sept. 11, 2026), "American Military Power," one of the five ads covered by the court's order
What the Administration Says
In court, government lawyers argued that no order was needed because DHS had already stopped the ad buys, and that neither OMB nor DHS took a "final agency action" that courts can review. The judge wrote that the government did "not challenge the substantive merits" of the DNC's claims at that stage.
When the suit was filed, a White House spokesperson told Fox News Digital that "presidential public service announcements are nothing new" and that "administrations of both parties have used public service announcements to explain policy," pointing to ad campaigns under the George W. Bush and Obama administrations.
On Oct. 5, Trump said on Truth Social that he would pay for the ads himself and with money raised for the super PAC MAGA Inc., according to the court's opinion. That is his claim, not verified. The DNC alleges the ads continued to air with the government disclaimer after that post.
DNC Chair Ken Martin called the Oct. 28 order "a victory for the rule of law and for American taxpayers" in a statement released by the party.
What Comes Next
The temporary restraining order runs 14 days from Oct. 28 unless extended. The judge also told both sides to propose a preliminary-injunction briefing schedule by Nov. 2; that filing had not appeared on the public docket as of publication. A separate case brought by Common Cause and others in federal court in New York has its own temporary restraining order, extended through Nov. 20.
The Digital Free Press has reached out to the White House for comment and will update this story with any response.
Sources: DNC v. Trump, No. 1:26-cv-03506 (D.D.C.), docket, https://www.courtlistener.com/docket/74932638/democratic-national-committee-v-trump/ ; Complaint (Oct. 7, 2026), https://storage.courtlistener.com/recap/gov.uscourts.dcd.297432/gov.uscourts.dcd.297432.1.0_1.pdf ; Memorandum Opinion and Order (Oct. 28, 2026), https://storage.courtlistener.com/recap/gov.uscourts.dcd.297432/gov.uscourts.dcd.297432.26.0_1.pdf ; Supplemental Declaration of Holly C. Mehringer (filed Oct. 30, 2026), https://storage.courtlistener.com/recap/gov.uscourts.dcd.297432/gov.uscourts.dcd.297432.27.1.pdf ; Fox News, "DNC sues Trump over $20M in taxpayer funds used for 2026 midterm ads" (Oct. 7, 2026), https://www.foxnews.com/politics/dnc-lawsuit-accuses-trump-admin-diverting-20m-federal-funds-propaganda-ads ; DNC statement (Oct. 28, 2026), https://democrats.org/breaking-court-blocks-trump-from-illegally-using-taxpayer-dollars-on-propaganda-ads/ ; The White House, "American Military Power" (YouTube, Sept. 11, 2026), https://youtu.be/SviB6yBIBkc
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