By David McCabe
On Monday, President Donald Trump enacted an executive order postponing the enforcement of a federal ban on TikTok for 75 days, despite the law taking effect on Sunday, with uncertainty over whether such a directive can legally supersede it.
This order, among Trump’s initial actions upon assuming office, directs the attorney general not to move forward with enforcement of the law, allowing the administration “an opportunity to ascertain the appropriate path ahead.” The order is effective retroactively from Sunday.
As he endorsed the order, Trump informed reporters that “the U.S. should be entitled to half of TikTok” if an agreement concerning the app is achieved, though he did not elaborate further. He indicated he believed TikTok could hold a value of $1 trillion.
The order could quickly encounter legal challenges, including questions regarding the extent of presidential authority to suspend enforcement of a federal statute. Companies affected by this law, which prohibits offering services to the Chinese-owned TikTok, might conclude that the order does not absolve them from legal accountability.
The federal statute banning TikTok, owned by ByteDance, required the app to be divested to a non-Chinese owner or face a ban. The law allows for a 90-day extension if a likely purchaser is identified, although it remains unclear whether this option is feasible given that the law is already in effect. Additionally, the law imposes limits on the share of TikTok that may remain under foreign ownership.
By attempting to supersede the federal statute, Trump raised significant inquiries concerning the scope of presidential power and the rule of law in the United States. Some lawmakers and legal scholars have voiced apprehensions about the legitimacy of an executive order, especially following a Supreme Court ruling that upheld the law last Friday alongside the national security issues that led to its creation.
Former President Joe Biden had approved the law, which received overwhelming support in Congress last year, compelling ByteDance to divest TikTok or face prohibition. TikTok faced scrutiny over concerns that the Chinese government could utilize it for disseminating propaganda or for collecting user data from the U.S. The law imposes financial penalties on app stores and cloud services unless they cease operations with the app.
Over the weekend, TikTok was temporarily unavailable to U.S. users but was reinstated on Sunday following Trump’s announcement via social media that he would issue an executive order. While the app functioned again for individuals who had previously downloaded it, it was removed from the app stores of Google and Apple on Saturday and remained inaccessible on Monday.
Trump’s initiatives to keep TikTok operational have significant consequences for its user base. The app has transformed the social media ecosystem, influenced popular culture, and provided livelihoods for millions of influencers and small enterprises that depend on the platform.
In the executive order, Trump stated that his constitutional duties encompassed national security. The order expresses his intention to consult with advisors to evaluate the concerns surrounding TikTok and the measures the company has already undertaken to address them.
The administration will “seek a solution that safeguards national security while preserving a platform utilized by 170 million Americans,” as stated in the order, which criticized the law’s timing as “unfortunate.”
The attorney general will dispatch letters to the companies affected by the law informing them “that there has been no breach of the statute” and that they will not be held accountable for offering services to TikTok during the 75-day period, according to the order.
However, some legal experts indicated that this reassurance may not be sufficient.
“I don’t view it as consistent with the faithful execution of the law to instruct the attorney general not to enforce it for a specified duration,” remarked Zachary Price, a professor at the University of California College of the Law, San Francisco. “And even if that were acceptable, the president lacks the authority to abolish the law and exempt individuals who contravene it while it is not being enforced.”
TikTok and Apple did not respond promptly to requests for comment. Google opted not to comment.
The connections between TikTok and China have long sparked national security concerns, including under Trump. Towards the conclusion of his first term in 2020, Trump enacted an executive order that would prevent app stores from allowing TikTok downloads. He subsequently advocated for an American company to acquire the app, but those efforts dwindled following his electoral defeat.
Last year, Congress reinstated the initiative, and Biden signed it into law in April. The legislation targeted app stores, like those operated by Apple and Google, as well as cloud computing firms, dictating that these companies could not distribute or host TikTok unless it was sold to a non-Chinese owner by January 19.
Trump then shifted his stance. He joined TikTok in June and stated on television in March that young people would go “crazy” without TikTok.
“I suppose I have developed a fondness for TikTok that I didn’t initially possess,” Trump remarked while signing executive orders on Monday evening.
TikTok legally challenged the statute, arguing that it infringed upon users’ rights to free speech and the company’s own First Amendment rights. The Court of Appeals for the D.C. Circuit affirmed the law in December. TikTok petitioned the Supreme Court, which also upheld the law on Friday.
TikTok and certain Democrats made a final attempt to prevent the law from coming into force. However, on Saturday, TikTok ceased operations in the United States and vanished from Apple and Google’s app stores a few hours prior to midnight. Users mourned its absence.
On Sunday morning, Trump declared on Truth Social that he would “issue an executive order on Monday to prolong the period before the law’s prohibitions become effective, to facilitate a deal that will safeguard our national security.” He stated he would not penalize companies that had failed to comply with the law to keep the app operational.
Shortly thereafter, TikTok resumed its services for U.S. users, welcoming them back with a message: “Thanks to President Trump’s efforts, TikTok is once again operational in the U.S.!”
As he executed the executive orders in the Oval Office, Trump was questioned about his change of heart concerning the app.
“Because I got to use it,” he replied.
