The inbound Trump administration insists that TikTok will avoid a ban, but the long-term prospects of the social media app staying alive hinge on there being a deal for divestiture to a US company.
TikTok owner ByteDance has until January 19 to divest its ownership of the U.S. elements of the app, or otherwise face it being banned from the country. The situation is precarious and messy to observers, due partly to timing complications.
While the ban technically comes into force on January 19, one day before President-elect Donald Trump takes office, it seems that the incoming administration wants TikTok to survive. This despite the law enforcing the ban applying just before the team can do anything about it preemptively.
It appears that there could be a lot of activity taking place soon after the ban comes into force, to keep the prospect of a TikTok sale alive.
“We will put measures in place to keep TikTok from going dark,” said U.S. representative Mike Waltz to Fox News. One of those ways is an exception included in the law.
According to Reuters, Waltz explained that there is a provision within the law that allows for a 90-day extension to be applied if there is “significant progress” made to divest the app. In short, if there’s a viable deal to be made, that could be enough to secure another 90 days.
“Essentially that buys President Trump time to keep TikTok going,” Waltz continued. This is, of course, depending on there being a suitable buyer interested, and it’s not clear that there is one waiting in the wings in the next few days.
So long as a sitting president can certify to congress that there’s evidence of significant progress, as well as legal agreements, for a divestiture within three months, the one-time 90-day delay can be implemented.
Multiple safety nets
The built-in extension seems like the most plausible way for TikTok to be saved, but there are others also underway.
There have already been reports of lawmakers attempting to change the law to allow for an extra 270-day extension. However, there’s no guarantee that it will go through rapidly enough at this very late stage.
Another way is potentially more direct, with claims that Trump himself could issue an executive order to allow TikTok to continue its operations, even though it could be banned by the existing law. However, it is unclear whether Trump would have the authority to pull that off, given the requirements to certify a possible divestiture under the law.
The less likely way that TikTok will be saved is through the Supreme Court, which has yet to weigh in on a December decision by the U.S. Court of Appeals that blocked an attempt to overrule the law. Such an intervention could introduce a small extension, but the Supreme Court has seemingly signaled it has little interest in ruling on the case.
Pro-TikTok-life
Trump’s administration and loyal lawmakers are quite positive on keeping TikTok alive despite the prospect of a ban, and in a seemingly big way.
Karoline Leavitt, a Trump transition spokesperson, said “President Trump has repeatedly expressed his desire to save TikTok, and there’s no better deal maker than Donald Trump.”
Senate Democratic leader Chuck Schumer said on Thursday that it’s “clear that more time is needed to find an American buyer and not disrupt the lives and livelihoods of millions of Americans.” Schumer insisted he will “work with the Trump administration and with both parties to keep TikTok alive while protecting our national security.”
In December, Trump’s request to the Court of Appeals insisted a political resolution as possible. “President Trump alone possesses the consummate dealmaking expertise, the electoral mandate, and the political will to negotiate a resolution to save the platform while addressing the national security concerns expressed by the Government,” the legal brief read.
This is, of course, an about-face from August 2020, when Trump signed an executive order in an attempt to ban TikTok. Trump then went on to cause issues for an attempted divestiture, which fell through despite eventually agreeing to terms.
As for TikTok’s leadership, CEO Shou Zi Chew is set to be one of the guests invited by Trump to the inauguration. Chew is anticipated to sit alongside other high-profile guests on the dais, a position of honor.
