Trump’s executive order instructs the U.S. attorney general not to take any action to enforce the TikTok ban for 75 days.
The Future of TikTok
The Associated Press reports Trump issues an executive order to suspend the US TikTok ban. But can it stick?
President Donald Trump signed an executive order Monday to keep TikTok operating for 75 days, a relief to the social media platform’s users even as national security questions persist.
TikTok’s China-based parent ByteDance was supposed to find a U.S. buyer or be banned on Jan. 19. Trump’s order could give ByteDance more time to find a buyer.
“I guess I have a warm spot for TikTok,” Trump said.
Shou Zi Chew, TikTok’s CEO, attended Trump’s inauguration earlier in the day, seated with American tech heavyweights.
Business leaders, lawmakers, legal scholars, and influencers who make money on TikTok are watching to see how Trump tries to resolve a thicket of regulatory, legal, financial and geopolitical issues with his signature.
In 2020, Trump issued executive orders banning dealings with ByteDance and the owners of the Chinese messaging app WeChat. Courts ended up blocking the orders, but less than a year ago Congress overwhelmingly passed a law citing national security concerns to ban TikTok unless ByteDance sold it to an approved buyer.
Trump on Sunday said he had asked TikTok’s U.S. service providers to continue supporting the platform and app while he prepared to sign an executive order to stop the ban for now.
“The order will also confirm that there will be no liability for any company that helped keep TikTok from going dark before my order,” Trump posted on Truth Social, his social networking site.
The law that Congress passed and now-former President Joe Biden signed in April allowed for a 90-day extension if there had been progress toward a sale before the statute’s effective date. Less certain is whether that provision can be applied retroactively, according to Sarah Kreps, director of Cornell University’s Tech Policy Institute.
“Executive orders cannot override existing laws,” Kreps said. “It’s not clear that the new president has that authority to issue the 90-day extension of a law that’s already gone into effect.”
Kreps also doubts the conditions for a delay exist at this point without so much as even a potential buyer being named to prove that a sale was moving along.
But Alan Rozenshtein, a University of Minnesota law professor, has written that the law also empowers the president to decide what constitutes a “qualified divestiture” — suggesting Trump could have discretion to say whether or when ByteDance meets the terms of the Protecting Americans from Foreign Adversary Controlled Applications Act.
Although ByteDance spent months repeating it wasn’t interested in selling, Beijing on Monday also signaled a possible easing on China’s stance on TikTok to allow it to be divested from its Chinese parent company. China’s vice president held meetings with Vice President JD Vance and Tesla tech titan Elon Musk on Sunday.
Until now, it was widely believed that Beijing would not allow the sale of TikTok, which had come to embody China’s defiance in the face of “U.S. robbery.” However, TikTok was among several issues brought up in a phone call between Chinese President Xi Jinping and Trump on Friday, though details were not available.
Trump on Monday said he is looking to have the U.S. government broker a deal for 50% control of TikTok, adding that “every rich person” has called him about acquiring the social media platform.
“I think the U.S. should be entitled to get half of TikTok and, congratulations, TikTok has a good partner and that would be worth, you know, could be $500 billion,” Trump said. “The numbers are crazy, but it’s worthless” without a U.S. buyer.
The Justice Department is generally tasked with enforcing the laws of the federal government. Trump’s executive order instructs the U.S. attorney general not to take any action to enforce the TikTok ban for 75 days “to allow my Administration an opportunity to determine the appropriate course forward in an orderly way that protects national security while avoiding an abrupt shutdown of a communications platform used by millions of Americans.”
Such a move might itself be subject to legal scrutiny but would buy time for TikTok.
Trump’s efforts to save TikTok may put him at odds with some of the House members and senators who voted for the law, which received broad bipartisan support. House Speaker Mike Johnson called ByteDance’s ownership “a very dangerous thing,” and said he expected a full sale to happen.
“I think we will enforce the law,” Johnson told NBC News’ “Meet the Press” on Sunday.
Legislators now stand to “look a little bit silly” if the ban doesn’t last, Kreps said.
Sen. Tom Cotton of Arkansas, in a message posted on X, listed a number of state and federal agencies, and private entities, that might be willing to go to court to get the ban enforced.
“Any company that hosts, distributes, services, or otherwise facilitates communist-controlled TikTok could face hundreds of billions of dollars of ruinous liability under the law, not just from DOJ, but also under securities law, shareholder lawsuits, and state AGs,” Cotton noted.
I don’t believe Trump had legal authority to retroactively change the law given that there was no negotiation in progress.
If not, this is a certified circus. But is Senator Cotton going to challenge Trump? Anyone?
However, I also think the law was misguided in the first place.
Regardless, a 75-day clock is ticking. It could take take that long for any court challenge, so all these points are likely moot.
What difference does it make if TikTok is 50% US owned?
Owner ByteDance is estimated to be 60% owned by investors, mostly American; the other 40% are the employees and founders.
If tiktok is 51% owned by US, they can get under the kimono and see what behaviours are being programmed into USA youth and other tiktokers. The ultimate goal will be severing of TIKTOK from Bejing’s intelligence apparatus.
Tiktok is a shiny toy for leading morons around with, the morons will continue to be led around, but by U.S. interests like the Stated Department et al.
Trump is mostly at his best when an issue can be broken down into something that approximates a real estate transaction and its component parts. Some issues align nicely with
Trumps strong suit. Other things do not and it is here that Trump will mostly stumble. Viewing the Middle East and Ukraine as mostly a real estate negotiation may actually bring quick and positive results. Everything else: a 4 year slog for the most part. I expect these early weeks and months will be the “pray and spray” period: throw everything that you can against the wall and see what sticks. Some things will stick but a lot will not.
Maybe some negotiations are taking place but we are not hearing about them. These things by necessity take place in the shadows especially since there are national security issues. It is not about who is going to own TikTok. It’s about if TikTok is allowed in the US then FB and X must be allowed in China also. That is the real issue. Now it could be a Red Herring to put the failure on China’s back or maybe it’s a way to get US social media back into China. It’s a long shot but one worth taking if the conditions are right.
Shadow government Is best government!
As Biden famously said, we must uphold the “rule of law”, and pardons fall within the rules.
Trump can issue a blanket pardon for “any and all persons who may or may not have anything to do with promoting TikTok, retroactive to 2014 when Hunter Biden got a job at Burisma and continuing to infinity”.
I was wondering… Does a Presidential Blanket Pardon get rid of parking and speeding tickets as well? Maybe a specialist here can answer that for me.
No
Only federal crimes
So they can still get Fauci at that level.
Also when pardoned you lose your right to the 5th amendment.
So Congress can now demand answers.
So if Fauci has enough outstanding speeding and parking tickets he is toast.
Are you quoting a procedural law attorney that told you or a news service this info of losing your 5th Amendment rights? Because I’d like to see the argument and case law laid out.
So many of your commenters want to go after Fauci in some other way now that he’s been pardoned like in state or local court cases. Thus Fauci may still have the 5th Amendment right at the federal/Congressional level because his testimony could be utilized in state courts against him.
To date, I’ve heard arguments from both sides. So I’d like to hear the opinion of a ‘real’ procedural law attorney with clout and experience that would probably defend or prosecute Fauci, if you can link to one. Thanks
you need to get an attorney if you want competent legal advice, if you’d just like opinions, the internet is your place.
Decide what you really want to know and then pursue the appropriate venue to find your information.
We can expect to hear this phrase routinely going forward:
“It’s not clear that the new president has that authority“.
And Johnson appears lost:
“I think we will enforce the law.”
But fear not, all is going according to plan:
“every rich person” has called Trump.
Don’t worry, us rich are about to get much richer!
US gets half of TikTok, and China gets half of Fakebook.
The art of the deal.
Read this somewhere.It’s obvious Jesus lost control of the wheel.
Nah, all is unfolding just as Intended. ☮️✝️
The money key ingredient on this potion, but is there any understanding what this clown is vomiting ,the ending birth rights,if by any stretch of imagination was to pass anybody can be sent somewhere because everyone is holding some stupid idea like I am Irish or Lithuanian and the question remains when will the U.S will turn into a country because otherwise your future fate would be at the whims of the next idiot in power.
Trump Demands the US Get Half of TikTok “Otherwise It’s Worthless”
Sounds like socialism to me
Just for the rich.
It’s not socialism. It’s business.
For the rich, they are the same.
Follow the money. How does Trump stand to benefit from this?
How can US presidents’ words be trusted?
Next guy will change if the current guy doesn’t change his words.
It can’t. The metric to weigh his words against are this: what’s the maximum benefit to Trump? That is what he will do.
if his interest align with most of the U.S. population, then that is a good thing. He is president of the USA, not People’s Republic of China.
President needs act to fulfill his campaign pledges to electorate.
Once those promises made become promises kept, then as policies work out positively
more people will come on board.
More people on board and Congress goes same way with additional Representation.
Once that occurs things get codified into Law for a longer term outlook.
As long as three branches of government stay in their lane then long term direction is established.
This is how US Constitution which is supreme is organized to operate.
Preamble starts with “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”
So it is up to the People to make sure things go as they want. They are given this chance to do so by organizing Government to be servant of the people not master over the people.
Red pill or Blue pill still is choice of people to make.
He’s not able to run again… I’ll have to buy another one.
What are you referring to ?
just block president musk, he rarely does anything but trolling.
His running mate will be there to follow through. Trump was right to pick Vance.
No way, that guy wears more eyeliner than Motley Crue! Creeps me out!
Hey! Motley Crue ROCKS!!
Vance, not so much!
Government is a 1,000,000-Ring Circus, bloated with different interests….this is but one ring of many rings that we will be hearing about.
NO ONE cares about TikTok but its users…who happen to be Citizens and others. This is one of the DANGLED CARROTS that no one in Congress truly cares about.
“If not, this is a certified circus. But is Senator Cotton going to challenge Trump? Anyone?”
And now you hit the crux of the problem. With a spineless GOP in Congress, Trump’s antics will turn American government into a 100% circus.
Can’t wait to get to the Golden Age, any day now.
13 years of DACA and now you’re worried about deferred action?
Doesn’t that help your full-on social security and medicare collapse position?
Here I thought you were a progressive.
Yet “Tradition, Tradition, for without it Life would be as shaky as a Fiddler on the roof”
Poor soul, You are heavily burdened by what has gone before.
500 billion coming right up from the sale of TicTok.
That will help pay for all the extra things Trump wants to do over the next 4 years.
That money is for Trump and I, not the filthy poors.
You provide more than enough entertainment and ridiculous comments for you to be your circus.
Let’s review how the CCP treats US companies in China … Forced tech transfer, etc. etc. Why not make it evens Stevens?
And the other half goes to…ELON?
Exactly!
Not to take away from the media’s latest talking point, but a much more important event yesterday was the full pardon of almost all J6 political prisoners.
And unlike Joe Biden’s pardons that will be under review for a very long time to come, I believe the J6 pardons will be proven unnecessary as the convictions were illegal. The J6 committee will be shown as the criminals, despite Biden’s pardons.
“…as the convictions were illegal”.
Agreed. No due process. Liz and Kitz can’t take over a local traffic court, either.
Biden’s worst pardon was that of Mary McCord – Queen of the Deep State. I’d hoped Biden would somehow forget that one, but she probably wrote it herself and got it signed. At least Trump has yanked the security clearance of the 51 IC liars who helped bury the Hunter laptop scandal.
“… this is a certified circus. “
The only circus here has officially left the Whitehouse yesterday. Physically anyway because mentally, Brandon left the WH a couple of years ago.
Let’s break this down. I believe the play here is to not be blamed for the shutdown of what has turned out to be a very popular platform among young people in the US.
Trump might be partially blamed anyway, but at least he can say he tried to save the day. And if the US becomes a “partner” in a “$1 trillion” venture, well that’s just icing on the cake.
The media is choosing to dwell on this, but a much more important event yesterday is Biden’s pardon of his accomplices in crime. Not enough can be said about this dastardly act that will haunt democrats and their lapdog media for a long time.
Those pardons are a gift to Republicans that will keep on giving for years and years.
So it’s worth 500 billion? Half will be sold to US buyers for X billion and then the other half can be sold piecemeal to get another 250 billion. That is a hell of a lot of money that China can reinvest in other Chinese controlled websites to replace TikTok.
Do any of these social sites last forever? I can remember when MySpace was big, I can remember when Bebo was big. Where are they now?
It’s just grift, don’t read more into it.
China doesn’t own all of it. I don’t think they even own half of it, but they do control it.
i don’t think you understand how banking flows in China, the People’s Party controls who gets money to invest in what, as reward for being good party members. And they get spanked, imprisoned or killed when they go over the line or start hiding assets and parking money overseas.
This is just how Trump negotiates.
He got in only yesterday and now has to make decision about what will be kept and what gets dumped coming from Biden.
Appears he is taking Harris statement about being unburdened by what has gone before to heart.
Everybody should be celebrating continuity of policy decision making approach. After all isn’t that the Beef with Trump, he is too independent. Here is acting in a manner consistent with how decision making was preached as gospel just a few short days before.
In any case there is a time limit applied for action.
Taking same approach with Canada and Mexico about dealing with Border invasion and Drug flows. Feburary 1 gives a window for these countries to do what is in their interests to do.
So rejoice and be unburdened by what has gone before.
On top of enriching himself with worthless cryptocurrency, Trump is trying to steal (foreign-owned) property, pure and simple. The people who applaud these Banana republic moves shouldn’t be surprised when their properties are grabbed next. Never has this country seen lawlessness and grift like this coming straight from the White House. But what is worst is that Democracts, Conservatives, and Libertarians are just watching in embarrassed silence.
Somehow Trump has these people convinced he is a God-like savior. President Musk himself said yesterday that it is because of Trump that the survival of society is assured. False prophet. And yet all religious folk can’t see anything wrong with this false idol
Agree….
Trump said yesterday “I was saved by God to make America great again.”
That’s some divine right of kings BS.
For a president to say something like that shows the US has gone full retard. Biden was simply the nail in the coffin.
“As democracy is perfected, the office of president represents, more and more closely, the inner soul of the people. On some great and glorious day the plain folks of the land will reach their heart’s desire at last and the White House will be adorned by a downright moron.:
H.L. Mencken
Well it is a sure fact that blogs are inhabited by morons. Proof is here every day and your post is a perfect example.
Hard to see anything false when you got criminals like the Biden’s or Clinton’s. The politicians are a sad commentary on the electorate. We got ourselves to blame.
This person gets it.
The Court has ordered TikTok to divest or be shut down, according to US law. Not Trump, who is trying to throw China a bone. It may not survive the courts. But then the Chinese think he was trying to help them out.
Dude, America politicians have been sending money to the Ukraine for years and getting it kicked right back to them. Biden has been the most egregious, but there have been Romney and Pelosi kids also “running” Ukrainian oil companies. Talk about grift – do you think Hunter was flying around China teaching painting courses?
tiktok for rare earth minerals.
Well, we got Greenland for that!
that’s just a future superhighway for ships
Welcome back. Were you on tour?
or did you just get a presidential pardon? if so from which president?