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Former ethics lawyer says taxpayer-funded White House ads may be impeachable

Former ethics lawyer Richard Painter said taxpayer-funded ads promoting President Trump could be impeachable as lawmakers debate the legality of the spots.

By The Plain RecordUpdated September 28, 2026 at 11:36 AM EDT
Published September 28, 2026 at 9:46 AM EDT

The short answer

Former ethics lawyer Richard Painter said taxpayer-funded ads promoting President Trump could be impeachable as lawmakers debate the legality of the spots. Former White House ethics attorney Richard Painter stated on Sunday, September 27, 2026, that the use of taxpayer-funded television advertisements by the White House to promote President Trump could constitute an impeachable offense.

Updates (1)

  • Update — September 28, 2026 at 11:36 AM EDT: NPR's Leila Fadel speaks with former White House ethics czar Norman Eisen about the ethical and legal questions raised by new Trump administration advertisements, which are funded by taxpayer money.
Former ethics lawyer says taxpayer-funded White House ads may be impeachable

The Facts

Who
Richard Painter, President Donald Trump, Sen. John Kennedy, Sen. Chris Murphy, and the White House administration.
What
Former White House ethics lawyer Richard Painter stated that taxpayer-funded television advertisements promoting President Trump could be an impeachable offense.
When
Sunday, September 27, 2026 and Monday, September 28, 2026
Where
Washington, D.C.
Why
Critics argue the use of public funds for advertisements featuring the president's political rhetoric violates federal campaign finance laws, while the administration maintains the ads are non-partisan public service announcements.

Former White House ethics attorney Richard Painter stated on Sunday, September 27, 2026, that the use of taxpayer-funded television advertisements by the White House to promote President Trump could constitute an impeachable offense. Painter, who served as chief ethics lawyer under President George W. Bush, argued on social media that the president does not have the legal right to use public money for campaign purposes. The advertisements include disclaimers stating they were "Paid for by the U.S. Government."

The dispute arises with roughly five weeks remaining before the midterm elections. The White House has defended the clips, asserting in a Friday, September 25, release that they are public service announcements rather than campaign ads because the president is not on the November ballot. However, the president has previously instructed voters to "pretend" he is on the ballot.

The advertisements feature audio of President Trump discussing the defeat of "communism, socialism and Marxism" and his intent to "demolish the deep state." One clip includes praise from UFC CEO Dana White, while another addresses the war in Iran, which began in late February 2026 and hit the seven-month mark on Tuesday, September 22. Critics, including Sen. Chris Murphy (D-CT) and Sen. John Kennedy (R-LA), have questioned the funding. Kennedy noted on Sunday that the use of public funds for such ads was "probably" illegal.

The White House separately ordered the rescission of over $800 million in funds on September 26. The precedent for using taxpayer money to communicate with the public includes the George W. Bush administration explaining Medicare changes and the Obama administration’s enrollment ads for the Affordable Care Act. If these new ads are found to violate the Federal Election Campaign Act of 1971, which prohibits public officials from using taxpayer dollars for campaigning, it could lead to legal challenges.

What happens next depends on whether Congress or federal agencies take formal action to investigate the expenditures. While Painter suggested the ads could be an impeachable offense, no formal articles of impeachment have been introduced. The immediate focus remains on the November midterm elections. The war in Iran continues following the president's rejection of a recent Iranian proposal.

Timeline of what happened

Key dates and decisions, in the order they occurred.

  1. 1971

    Federal Election Campaign Act enacted

  2. April 30, 2018

    Richard Painter announces U.S. Senate bid as a Democrat

    Painter predicted future Democratic hearings on presidential misconduct.

  3. February 28, 2026

    U.S. and Israel launch war in Iran

  4. September 21, 2026

    Presley Gerber dies at 27

  5. September 22, 2026

    War in Iran reaches seven-month mark

  6. September 25, 2026

    White House releases statement defending ads as public service announcements

  7. September 26, 2026

    White House orders over $800M in funds rescinded

  8. September 27, 2026

    Richard Painter states on social media that ads could be impeachable

  9. September 28, 2026

    US and China agree to cut tariffs on $60B in products

Summaries are written by The Plain Record to state the facts of a story plainly and without political slant. Drafted with AI assistance and checked against the source record before publication. See how we report, or report a correction.

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Questions readers ask

What happened: Former ethics lawyer says taxpayer-funded White House ads may be impeachable?

Former White House ethics lawyer Richard Painter stated that taxpayer-funded television advertisements promoting President Trump could be an impeachable offense.

Who is involved?

Richard Painter, President Donald Trump, Sen. John Kennedy, Sen. Chris Murphy, and the White House administration.

When did this happen?

Sunday, September 27, 2026 and Monday, September 28, 2026

Where did this happen?

Washington, D.C.

Why does this matter?

Critics argue the use of public funds for advertisements featuring the president's political rhetoric violates federal campaign finance laws, while the administration maintains the ads are non-partisan public service announcements.