Trump's 75-Day Reprieve: TikTok's US Fate Hangs in the Balance

Trump's 75-Day Reprieve: TikTok's US Fate Hangs in the BalanceOn January 21st, newly inaugurated US President Trump signed over 40 executive orders, among the most notable being a 75-day reprieve on the "ban unless sold" order targeting TikTok. This executive order suspends any enforcement action by the Department of Justice under the "ban unless sold" law against TikTok, and promises not to enforce penalties up to $850 billion against tech companies like Apple, Google, and Oracle, instructing the Attorney General to issue exemption letters to these companies

Trump's 75-Day Reprieve: TikTok's US Fate Hangs in the Balance

On January 21st, newly inaugurated US President Trump signed over 40 executive orders, among the most notable being a 75-day reprieve on the "ban unless sold" order targeting TikTok. This executive order suspends any enforcement action by the Department of Justice under the "ban unless sold" law against TikTok, and promises not to enforce penalties up to $850 billion against tech companies like Apple, Google, and Oracle, instructing the Attorney General to issue exemption letters to these companies. However, this seemingly time-buying move has sparked significant legal controversy and its effectiveness is far from guaranteed.

The Wall Street Journal editorial board frankly stated that all of Trump's demands regarding TikTok are legally flawed. The paper points out that Congress is co-equal with the President, not a subordinate branch. After years of studying national security issues, Congress passed the "ban unless sold" law. This law explicitly states that the President can only grant a one-time 90-day reprieve if TikTok can demonstrate "a qualified divestiture pathway," "evidence of substantial progress toward divestiture," and "relevant legal agreements in place for enforcement." Currently, TikTok doesn't meet any of these conditions.

Following the January 19th enactment of the "ban unless sold" law, Senator Tom Cotton warned that any company facilitating TikTok could face hundreds of billions of dollars in penalties. This warning wasn't an exaggeration; as of this writing, US users still cannot download TikTok on Apple and Android devices. Apple confirmed on its website that it had removed TikTok and its parent company ByteDance's other apps, Capcut and Lemon8, from the US App Store, stating that the company is obligated to comply with the laws of its jurisdictions.

Reuters and other media outlets analyze that Trump's executive order doesn't fully eliminate the legal risks for Apple, Google, and other companies. Alan Rozenshtein, a professor at the University of Minnesota Law School, points out in his analysis that Trump using an executive order to delay the TikTok ban "provides almost no assurance" for service providers because courts don't consider such presidential promises legally binding. "Trump could change his mind at any time, or selectively enforce against companies that fall out of political favor," Rozenshtein wrote.

Media reports also indicate that while Trump can instruct the Department of Justice to "defend the exclusive authority of the executive branch to enforce," the Department of Justice can't prevent others from filing lawsuits. This means state attorneys general can sue Apple, Google, and others under the "ban unless sold" law; similarly, shareholders of Apple, Google, and other companies facing massive penalties could also sue them.

Currently, although TikTok has gradually resumed operation after a 14-hour shutdown, this is merely a temporary halt to the ban. Because legal risks remain, Apple and Google haven't restored TikTok's app listing. Trump's executive order, currently, appears to be no "shield" for TikTok.

Trump's 75-day reprieve essentially leaves TikTok's fate hanging in a state of profound uncertainty. While the ban is temporarily suspended, the underlying legal risks and political maneuvering deeply impact TikTok's future in the US.

First, the legal validity of Trump's executive order is severely questionable. The Wall Street Journal's commentary accurately points to the core issue: presidential executive power is subject to legal constraints and cannot override Congressional legislation. The "ban unless sold" law was passed after rigorous Congressional review, and its legal validity is unquestionable. Trump's attempt to circumvent Congressional legislation through an executive order inherently carries significant legal risk; whether its effectiveness will be ultimately upheld by the courts remains a major question mark.

Second, Trump's promises lack legal binding force. Professor Rozenshtein's analysis incisively points out that presidential promises and the effectiveness of executive orders are entirely different concepts. Presidential promises lack legal binding power and can be reneged on at any time. This means that even if Trump currently promises to exempt Apple, Google, and other companies, he can still change his mind and penalize these companies in the future. This uncertainty undoubtedly creates significant operational risks for these companies, forcing them to treat TikTok cautiously.

Third, the risk of lawsuits from state attorneys general and shareholders persists. Even if the Department of Justice doesn't act, state attorneys general and shareholders can still file lawsuits against Apple, Google, and others based on the "ban unless sold" law. This undeniably increases the legal risks for these companies, forcing them to remain cautious and avoid entanglement in complex legal disputes.

Finally, the 75-day reprieve is not a fundamental solution. These 75 days are merely a brief respite, not a fundamental solution to TikTok's predicament. TikTok still needs to meet all the conditions in the "ban unless sold" law to obtain a longer reprieve or ultimately avoid the ban. Whether TikTok can meet these conditions remains uncertain.

In short, Trump's 75-day reprieve is not a "protective charm" for TikTok in the US. TikTok's fate still hangs in the balance, and the future is full of uncertainty. The ultimate outcome depends not only on TikTok's own efforts but also on the trajectory of the US legal system and future political developments. These 75 days will be crucial for TikTok's continued survival in the US market, and its ultimate fate remains to be seen. This legal and political battle surrounding TikTok is far from over.

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