
Donald Trump is studying an executive order to save TikTok’s skin in the US.
Time is running out for TikTok in the United States and if the Supreme Court does not rule in its favor, it will disappear from application stores across the seas this Sunday. However, Donald Trump, the next tenant of the White House, who has always been against the (forced) closure of TikTok in the United States, could finally save the social network’s skin. According to The Washington Post, Trump would be considering the approval of an executive order to grant TikTok a grace period of between two and three months and thus promote the postponement of the entry into force of the federal law that condemns the social network to stop operating in the United States. if its subsidiary in this country does not change hands before January 19.
This Sunday the deadline for TikTok to divest itself from its US subsidiary expires. Otherwise, and as provided for by the federal law approved by Congress in April 2024, the social network will disappear from application stores in the United States. And in fact, the ByteDance subsidiary would already be preparing for its fade to black this Sunday in the North American country.
Donald Trump will be inaugurated as the new president of the United States on November 20, just one day after the deadline for TikTok to spin off its business in the United Statess and hand it over to another owner who has no ties to the Beijing Government. According to reports The Washington PostTrump would be weighing the possibility of suspending the application of the law that condemns TikTok to extinction in the United States for a period of between 60 and 90 days. Still, even if Trump finally approves an executive order, TikTok will disappear from app stores across the pond for at least a day
During his first term as head of the White House, Trump tried to force the sale of TikTok in the United States by threatening the social network with a ban on US soil. However, the courts at that time ruled out the reason of the then president of the United States. And last year his successor Joe Biden signed a federal law that forced ByteDance, TikTok’s parent company, to sell its US subsidiary within 270 days.
Donald Trump beat Joe Biden in the presidential elections held on November 5 on the other side of the pond and now, unlike four years ago, The president is in favor of TikTok being able to continue operating in the United Statess. The next tenant of the White House has, in fact, expressly requested the Supreme Court to postpone the entry into force of the federal law aimed at banning TikTok in the United States.
The executive order that Donald Trump is considering issuing would not solve all of TikTok’s problems in the United States at once
Before the Supreme Court, TikTok has argued that this rule violates the First Amendment of the Constitution. In a hearing held last Friday, the judges of the highest judicial body in the United States seemed, however, to be favorable to the theses of the American authorities. The Supreme Court has not yet ruled on this matter and must issue a ruling before January 19.
Biden would also have the power to give TikTok more time before leaving the White Housebut this possibility would be considered only and exclusively if the social network was involved in serious negotiations with a view to the sale of its business in the United States (which does not seem to be the case).
It should be noted that Trump’s hands are tied by law in any case. And although he could try to get Congress, where he currently has a majority, to reverse the rule, it was approved by members of both the Republican Party and the Democratic Party, so his efforts in this regard could come face to face with failure.
At the same time, it is not clear to what extent an executive presidential order would be effective when it specifically concerns a norm approved by Congress.. In statements to The Washington Postlegal expert Alan Rozenshtein argues that executive orders are not “magic documents” and that Apple and Google would still be prohibited from sheltering TikTok in their respective app stores.
Besides, The US Department of Justice is ultimately responsible for ensuring that the rule is enforced. And Pam Bondi, Trump’s nominee for attorney general, recently refused to speak in the Senate on whether or not she would apply the law.
US authorities are concerned that the Chinese government could rely on TikTok to have access to the data of American users of the partner networkly disseminate propaganda through this platform.
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