The issue focused on federal policy and laws that prohibit financial institutions from advertising services in ways that allow illegal activity.

But Justice Department lawyers told Judge Richard Leon the practice was legal under state law. In court papers, prosecutors say criminal attorneys know there's a constitutional right to buy political ads. And courts have consistently ruled they can legally prosecute political speech as crimes.

In court filings, Attorney General Eric Holder said Americans would not be prosecuted for shopping at conservative sites like Breitbart or Judicial Watch if those sites had