WASHINGTON — The musical artist whose song "Love me" is featured prominently in a taxpayer-funded television ad promoting President Donald Trump and his agenda ahead of the midterm election is demanding the Trump administration stop using his song.
Attorneys for Christian Berishaj,who performs as JMSN, sent a cease-and-desist letter on Monday, Sept. 28, to White House Chief of Staff Susie Wiles also demanding the ad be withdrawn from all scheduled airings and removed online.
JMSN's objections comes as the "Love me" ad and a separate Trump ad, also funded by the federal government, have raised questions about the use of public dollars to pay for political advertisements, which is prohibited under federal laws. The White House argues the ads are
"public service announcements," not political ads, because Trump is not on the ballot in November and the ads don't mention the election.
Berishaj's attorneys, led by the left-leaning advocacy group Democracy Defenders Action, accuse the White House of breaking federal copyright law by using JMSN's song and violating a federal law that prohibits the representation of false endorsements or associations.
"To be absolutely clear, JMSN does not want to be viewed as directly or indirectly affiliated with the President or his Administration," the cease-and-desist letter, signed by attorney Norm Eisen, reads. "The use of the song in this context, as part of an overtly partisan, political advertisement, is particularly damaging, as it could cause others to call into question JMSN’s artistic independence and integrity."
The letter also cites concerns about the legality of the ads. Federal law and annual appropriations acts approved by Congress prohibit public money paying for political advertisements, and the Hatch Act restricts federal employees from engaging in political activity.
"The unauthorized use does further harm because it associates JMSN and the Song with apparent violations of federal laws prohibiting the use of taxpayer dollars for political purposes," the letter says.
The White House did not immediately respond to a request for comment on the cease-and-desist letter.
The ad at issue features Trump urging Americans to "defeat communism, socialism and Marxism in America," as a choir in the background recites the verse "Love me" from JMSN's song.
Several messages are flashed across the screen ‒"LARGEST TAX CUTS IN HISTORY. REIGNITING AMERICAN MANUFACTURING. DEFEND LAW AND ORDER" ‒ and a repeated line that, "AMERICA WILL NEVER BE A COMMUNIST COUNTRY."
The voice of Ultimate Fighting Championship CEO Dana White, a close ally of Trump, then emerges: "This is the toughest, most resilient person that I've ever met, and nothing is going to stop him from fighting so hard for the country that he loves," White says, referring to Trump, before the ad ends.
The White House has not disclosed how much the government has paid to air the ad, which has aired on Fox News.
Although Trump is not on the November ballot, the president has urged his supporters to "pretend" he's on the ballot in a bid to energize them about an election that is showing signs of a potential blue wave for Democrats. At the end of a Republican midterm convention in Dallas this month, he had attendees raise their hands and recite a pledge of allegiance to Trump.
A White House spokesperson, who discussed the government-funded ads on the condition of anonymity, said the commercials are intended to remind Americans to love the United States and remind them why it's worth defending. The official called the ads “educational and unapologetically patriotic,” adding that Americans should be proud of their country.
Reach Joey Garrison on X @joeygarrison.
This article originally appeared on USA TODAY: 'Love me' artist demands Trump stop using song in taxpayer-funded ad
