Former ethics lawyer says taxpayer-funded Trump ads are ‘impeachable offense’ as Kean faces similar criticism

A former White House ethics lawyer said taxpayer-funded television ads promoting President Donald Trump could amount to an impeachable offense, while a New Jersey congressman faces similar criticism over publicly funded communications that mimic his campaign themes.

Richard Painter, who served as chief ethics lawyer in the White House counsel’s office under former President George W. Bush, wrote Sunday that Trump has no right to use taxpayer money for campaign ads.

“As I told @baylisswagner of the @nytimes here, this could be an impeachable offense,” Painter wrote. “Congress has expressly prohibited government sponsored political propaganda, which is dangerous for democracy.”

Multiple networks have aired the ads in recent days, with roughly five weeks remaining before the midterms.

White House Defends Ads

One ad features audio of Trump saying, “Together, we will defeat communism, socialism and Marxism in America,” as singer JMSN’s “Love Me” plays in the background.

It concludes with UFC CEO Dana White calling Trump the “toughest, most resilient person that I’ve ever met.”

Another clip features Trump saying during his 2024 campaign that he and his supporters “will demolish the deep state” and “expel the warmongers from our government.”

Both spots include disclaimers saying “Paid for by the U.S. Government.” Under the Federal Election Campaign Act of 1971, public officials cannot use taxpayer dollars for campaigning purposes.

Lawmakers from both parties criticized the advertisements. Democratic Sen. Chris Murphy of Connecticut wrote on X that “every taxpayer, no matter your party, should be outraged by this.”

Republican Sen. John Kennedy of Louisiana said Sunday the use of taxpayer money for the ads 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 told CBS’s “Face the Nation.”

The White House has defended the commercials, saying in a Friday release that they “are clearly not campaign ads” because Trump is not on the ballot in November.

The administration noted past examples of federal public service announcements, i2 ⅜ncluding spots during the Bush and Obama administrations explaining Medicare legislation and Affordable Care Act enrollment.

“When prior Administrations utilized the airwaves, it was called ‘public education,'” the release said.

Kean Used Taxpayer Funds for Social Media Posts

In New Jersey, Republican Rep. Tom Kean Jr. has used taxpayer money to fund social media posts that appear to promote his reelection campaign, according to an NJTODAY.NEWS report.

Kean, who is seeking a third term, missed more than 140 roll call votes during an unexplained absence from March 5 to June 30, 2026. He later revealed on the House floor that he had been hospitalized after suffering a nervous breakdown. During his absence, Kean won an uncontested primary on June 2.

His office issued publicly funded email messages and social media posts highlighting district visits and funding announcements while he was away, including a $900,000 check to a local police department his office had already touted a month earlier.

Kean has used the congressional franking privilege, which allows members to fund official communications using taxpayer dollars. A 90-day blackout period barring such communications before elections was reduced to 60 days at the end of the 117th Congress.

Representative Tom Kean Jr. is using taxpayer money to fund his campaign ads

Painter also criticized Kean’s use of taxpayer funds in the NJTODAY.NEWS report.

“They’re playing games here. They’re getting up close to the deadline, using our money,” Painter said. “This stuff on social media is so obviously targeted for political campaigns.”

Kean has defended his record, citing a $40,000 cap on the state and local tax deduction he said he secured for middle-class families.

He has drawn criticism for his vote supporting the “One Big Beautiful Bill,” which cut more than $1 trillion from Medicaid and the Supplemental Nutrition Assistance Program.

The Cook Political Report has shifted Kean’s race from leaning Republican to a toss-up. His Democratic opponent is Rebecca Bennett, a former Navy helicopter pilot.