Trump considers an executive order to stop TikTok ban

President-elect Donald Trump opposes the TikTok ban set to take effect, his lawyers stated in a recent court filing. Trump himself questioned the necessity of the ban on Truth Social, posting, “Why would I want to get rid of TikTok?” alongside a graphic highlighting his popularity on the platform, including billions of views garnered by his official accounts and associated hashtags.

The legislation, which would prohibit U.S. app stores from hosting TikTok unless its Chinese parent company, ByteDance, divests ownership, is scheduled to go into effect one day before Trump’s January 20 inauguration. Trump has requested the Supreme Court to delay the ban until after his inauguration, arguing he needs time to address the issue before it is implemented.

It remains unclear whether the Supreme Court will grant Trump’s request. If the law is upheld and takes effect before his inauguration, Trump will have limited options to prevent the ban from being enforced.

Under the legislation, the president is authorized to pause the ban for 90 days if TikTok demonstrates active steps toward separating from ByteDance. Trump could use this provision to delay the ban once in office. However, without concrete evidence of ByteDance divesting, such a pause could face legal challenges, potentially resulting in the ban being reinstated.

Alternatively, Trump could declare TikTok in compliance with the law, regardless of whether ByteDance has truly divested. This approach, as noted by University of Minnesota law professor Alan Rozenshtein, might temporarily keep TikTok operational but would also likely invite legal scrutiny if compliance claims prove unfounded.

Beyond these measures, Trump’s options are limited. He could attempt to negotiate a deal for TikTok’s sale to a U.S. company, ensuring compliance with the law. However, ByteDance has thus far resisted selling the platform, leaving the ban in place unless Congress repeals the legislation.

Crucial Quote

“President Trump opposes banning TikTok in the United States at this juncture and seeks the ability to resolve the issues at hand through political means once he takes office,” stated Trump’s lawyer, Dean John Sauer.