The Article Tells The Story of:
- TikTok faces a Sunday deadline to avoid a U.S. ban.
- Biden can extend the deadline by 90 days.
- Trump could use legal discretion or an executive order.
- Supreme Court intervention remains a long shot.
TikTok, the popular Chinese social media app, is once again at the center of U.S. national security concerns. In 2020, Donald Trump initiated steps to ban the app, citing risks to national security. Now, as a critical Sunday deadline looms, both President Joe Biden and the incoming Trump administration have limited options to prevent the app from being shut down in the U.S.
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Biden’s Option: A 90-Day Extension
The TikTok law grants the president the authority to extend the divestment deadline by up to 90 days. To do this, the president must certify that ByteDance, TikTok’s parent company, is actively working toward a sale and making progress. This requirement could potentially be met by signing a preliminary agreement with a prospective buyer.
Legal expert Colin Costello suggests that even a simple “term sheet” could fulfill the binding legal agreement criteria, though no such deal has been announced. By granting an extension, Biden could provide ByteDance the necessary time to finalize a sale, keeping TikTok operational for millions of American users.
Trump’s Potential Moves: Legal Discretion or Executive Order
The incoming Trump administration has other tools at its disposal. One possibility is for Trump to direct the Justice Department to deprioritize enforcement of the TikTok ban. This strategy, similar to Obama’s use of prosecutorial discretion in immigration cases, would delay enforcement, giving ByteDance more time to comply with the law.
Alternatively, Trump could issue an executive order under the International Emergency Economic Powers Act. This order could assert that keeping TikTok in the U.S. serves national security interests. Such a move might also reassure tech giants Apple and Google that they won’t face penalties for allowing TikTok on their app stores, despite potential legal violations.
However, this approach raises legal and ethical questions. Experts warn that bypassing a direct mandate of the law could set a controversial precedent, leaving Congress and the courts in a tough position.
The Supreme Court’s Role
A final possibility lies with the Supreme Court. TikTok has filed a lawsuit challenging the ban, and the Court could issue a stay on the divestment order. This would allow the incoming administration to argue that TikTok does not pose the threat previously claimed.
However, the clock is ticking, and the Court has limited time to act. With just one business day remaining before the law takes effect, this path is uncertain.
A Race Against Time
The looming deadline has sparked debates about the balance between national security and consumer rights. While both Biden and Trump have options to intervene, each carries challenges and risks. With millions of users eagerly awaiting the outcome, the question remains: Can TikTok be saved before time runs out?
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