TikTok Ban Temporarily Halted by Trump Executive Order
On Monday, President Donald Trump issued an executive order granting a 75-day reprieve to TikTok from a US ban. The order comes as part of a flurry of activity on Trump's first day back in office.
Limited Legal Basis
Experts have questioned the legality of the executive order, citing the "narrow chance" it has of protecting TikTok from the Protecting Americans from Foreign Adversary Controlled Applications Act. This law requires TikTok parent company ByteDance to divest its ownership or face a nationwide ban.
Trump's Authority
Trump based his authority for the order on his "unique" responsibilities as president, stating that the timing of the law "interferes with his ability to assess national security and foreign policy implications."
Potential Compromise
Trump has proposed a joint venture involving a 50% stake for the US in TikTok's operations. He has also threatened tariffs against China if a suitable buyer is not approved.
Congressional Opposition
Despite Trump's actions, several Republican allies have expressed opposition to any concessions to TikTok. Senators Tom Cotton and Pete Ricketts have stated that "there's no legal basis for any kind of 'extension'" of the effective date of the ban.
US-China Tensions
The back-and-forth between Trump, TikTok, and US lawmakers highlights the ongoing tensions between the US and China over technology and national security.
Precedent and Legal Challenges
The Truman-era case of Youngstown Sheet & Tube Co. v. Sawyer established limits on presidential power, suggesting that Trump's executive order could face legal challenges. However, some Supreme Court justices have shown sympathy to a "unitary executive theory" that could provide support for the order.