Richard Painter, who served as chief ethics lawyer under President George W. Bush, has escalated his criticism of the Trump administration's use of taxpayer money for television advertisements promoting the president, suggesting the move could rise to the level of an impeachable offense.
In a post on the social platform X on Sunday, Painter wrote: "As I told @baylisswagner of the @nytimes here, this could be an impeachable offense. @POTUS has no right to use taxpayer money for campaign ads." His remarks echoed comments he made to The New York Times, and he further warned that "Congress has expressly prohibited government sponsored political propaganda, which is dangerous for democracy."
Ads Draw Bipartisan Rebuke
The advertisements, which have aired on multiple networks in recent days, come with roughly five weeks remaining before the midterm elections. Republicans are fighting to preserve their narrow control of Congress. One spot features audio of Trump declaring, "Together, we will defeat communism, socialism and Marxism in America," set to the song "Love Me" by JMSN. The ad concludes with UFC CEO Dana White praising Trump as "the toughest, most resilient person that I've ever met."
Another clip shows Trump during his 2024 presidential campaign vowing to "demolish the deep state" and "expel the warmongers from our government." That reference comes as the U.S.-led war in Iran, launched in late February, has now entered its seventh month. In the same ad, Trump says, "We will rout the fake news media, and we will liberate America from these villains once and for all."
Both spots carry disclaimers stating "Paid for by the U.S. Government." Under the Federal Election Campaign Act of 1971, public officials are barred from using taxpayer dollars for campaign purposes.
Lawmakers from both parties have voiced outrage. Democratic Sen. Chris Murphy of Connecticut wrote on X last week, "Every taxpayer, no matter your party, should be outraged by this." Republican Sen. John Kennedy of Louisiana told CBS's "Face the Nation" on Sunday that the use of public money for ads promoting the president was "probably" illegal. "I don't think any public official, including President Trump ... or John Kennedy, should spend public money ... on private ads for themselves," Kennedy said.
White House Defends Spots as 'Public Education'
The White House has pushed back, arguing in a Friday release that the commercials "are clearly not campaign ads" because Trump is not on the ballot in November. However, Trump has instructed voters to "pretend" as if he were on the ballot in the midterms, a stance that critics say undermines the administration's defense.
The administration also pointed to past examples of federal public service announcements, such as those by the Bush and Obama administrations explaining Medicare changes and Affordable Care Act enrollment. "When prior Administrations utilized the airwaves, it was called 'public education,'" the release said. "When this Administration promotes pride in our country, many of those same voices call it 'propaganda.' Patriotism isn't partisan. These public service announcements are unapologetically American, clearly disclosed, and aimed at the country — not a line on the ballot."
The controversy adds to a pattern of ethics concerns surrounding the Trump administration, including recent legal challenges over Trump's name being engraved at a government institute and questions about oligarch-funded events linked to the Trump family. The situation also echoes broader debates over government ethics, as seen in recent Senate clashes over ethics rules.
