Trump wants to pause the TikTok ban, sources suggest
TikTok's potential shutdown in the US might be sidestepped thanks to Donald Trump's plans. According to reliable sources mentioned in the "Washington Post," Trump is considering issuing an executive decree, granting TikTok a temporary reprieve of 2 to 3 months.
The looming deadline for TikTok to change ownership falls on January 19. As per the US law, the app would then be removed from American app stores and lose access to necessary infrastructure. Insiders suggest that TikTok is prepared to cease operations from January 20, following Trump's inauguration. The "Washington Post" reports that Trump intends to halt the enforcement of the law for 60 to 90 days, though the method of execution remains unclear.
During his first term, Trump attempted to force a TikTok sale, using a ban threat. However, these efforts failed in court. Subsequently, a law passed under Biden last year required Bytedance to hand over control of TikTok within 270 days. Amidst this legal landscape, Trump has endorsed the continuation of TikTok in the US, citing its potential contributions to his re-election campaign.
Mike Waltz, Trump's incoming National Security Advisor, expressed his support for TikTok's preservation on Fox News. "TikTok itself is a remarkable platform," Waltz stated, asserting that the US would find a means to protect user data. Trump petitioned the Supreme Court for extended negotiation time around TikTok. The Supreme Court's response is still pending.
Alegal Maneuvering
However, Trump's options are limited due to the law's effectiveness. He could propose a repeal in Congress, where his Republican Party holds a majority in both chambers. Yet, the law's bipartisan approval through both Democrats and Republicans makes such an approach seem improbable.
The extent to which a presidential decree can override a law passed by Congress remains unclear. Legal expert Alan Rozenshtein argued in the "Washington Post" that decrees are not magic letters and would require cooperation from Apple and Google to maintain business relations with TikTok even under the pretext of a decree.
TikTok and Bytedance face accusations of espionage due to their links with the Chinese government. Fears of data misuse by Beijing for propaganda purposes persist, despite TikTok and Bytedance denying these allegations. TikTok boasts around 170 million US users, meaning a ban would affect half the country's population.
Enrichment Data Sparingly Integrated:-
TikTok's potential August reprieve could depend on Trump's executive order if it meets the following conditions:
- Attorney General Involvement: Trump could order the Attorney General and DOJ to suspend the enforcement of the Act against TikTok for a defined period, like 60 to 90 days.
- Suspension Period: The order would likely direct the Attorney General to ensure that no entities bear liability for actions during this suspension period or before the order's issuance.
- Legal Quandaries: Legally, the order's validity relies on interpretations of executive authority, with debates about its basis raised by the Act's lack of clear provisions for the president to modify deadlines or compliance timelines.
- Supreme Court Ruling: The Supreme Court's decision on TikTok's ban upholds the federal law, suggesting the executive branch may have limited power to postpone the ban.
- Resistance: The potential for resistance or challenges from the incoming Biden administration during the ban's enforcement might pose additional complications.
- Legislative Actions: Ongoing legislative attempts, such as Senator Markey’s bill, to extend the TikTok sale deadline may further complicate the executive order's effectiveness.
In light of the potential legal challenges, Trump might utilize social media platforms to rally support for TikTok's continued operation in the US. Given the app's significant user base of approximately 170 million in the country, any ban could spark a social media backlash.
Regarding the future of TikTok, legal experts suggest that Trump's executive decree might need cooperation from Apple and Google to bypass the law's provisions, implying that social media platforms could play a crucial role in preserving TikTok's presence in the US.
