GOP Sen. John Kennedy Says White House Trump Ad Spending Is Likely Illegal

A Republican senator says the White House probably broke the law by using taxpayer money to air ads promoting President Trump ahead of the November midterms, though he stopped short of calling for the spending to stop.

Sen. John Kennedy of Louisiana told CBS News' Margaret Brennan on "Face the Nation" Sunday that "there ought to be a rule" against the ad campaign, which the White House has labeled public service announcements, according to The Guardian. When Brennan pressed him on whether the spending was legal, Kennedy conceded it was "probably" not.

What did Kennedy say on CBS?

Brennan asked Kennedy directly whether the ads were "the best use of taxpayer money." She described a 30-second spot airing on major broadcast and cable networks that features Trump and a voice-over calling him "the toughest, most resilient person I ever met," ending with the line "paid for by the US government," the Guardian reported.

"This looks like a commercial about President Trump," Brennan said. Kennedy replied that "I don't think any public official, including President Trump or Kristi Noem" should be using taxpayer funds this way, per the Guardian's account of the interview.

Kennedy compared the Trump ads to a $220 million ad campaign that then-Homeland Security Secretary Kristi Noem ran earlier this year to raise her own public profile. He had criticized that spending in March, calling it "masterclass dumb," according to the Guardian.

What's actually in the ads?

One spot in the series is a 30-second highlight reel of Trump's second term, using on-screen text to push his political agenda and suggesting Democrats are communists, the Guardian reported. At least one ad now airing was originally produced for Trump's 2024 campaign, not for any government messaging purpose, according to the Guardian.

How does this compare to the Noem ad controversy?

Kennedy publicly rebuked Noem in March for the $220 million campaign built around her image while she led Homeland Security. He applied a similar standard to the Trump ads on Sunday, telling Brennan he does not think any public official — Trump included — should use government money this way, the Guardian reported. Kennedy did not lay out what legal rule he thinks should apply or say whether he would push for legislation.

What happens next?

Kennedy's comments came as the ad campaign was expanding, not winding down, ahead of the November midterms, according to the Guardian's reporting.

What to watch:

• Whether Kennedy or other Republicans follow through with any formal proposal or oversight request over the ad spending
• Whether the White House changes or expands the "public service announcement" framing as more ads air on network and cable television
• Whether Democrats or watchdog groups file legal challenges questioning whether the spending violates existing rules on government-funded political messaging
• Whether additional 2024 campaign ad footage gets reused in the government-funded rotation before November

The White House has defended the campaign as public service messaging rather than political advertising, according to the Guardian, which separately reported that the administration made the same claim about a Trump ad it paid Fox to air.