Trump considers executive order to save TikTok

The president-elect prepares a move to suspend the ban on the Chinese platform and negotiate an alternative solution

Donald Trump, who will take office as the new US president on Monday, is considering signing an executive order to suspend for 60 to 90 days the law passed by Congress last year forcing ByteDance, the Chinese owner of TikTok, to divest the platform. The measure would aim to save the popular app and buy time to negotiate an alternative deal.

Trump, who recently praised TikTok for the support he received from young voters during his campaign, now seems to want to build a new relationship with the app after the harsh attacks on it in his first term. As proof of this change of direction, TikTok CEO Shou Zi Chew will attend the inauguration ceremony and will be seated in the box of honour next to prominent figures such as Elon Musk, Mark Zuckerberg and Jeff Bezos.

Legal and political hurdles

Trump’s executive order could raise quite a few legal questions. The law, signed by outgoing President Joe Biden, had been passed with strong bipartisan support and is based on national security concerns, including the risk that TikTok could be used by the Chinese government to spy or spread propaganda.

The Supreme Court is currently considering an appeal filed by TikTok against the law, which the company accuses of violating the First Amendment. However, legal experts believe that the executive order cannot completely nullify a law passed by Congress.

Alan Rozenshtein, a legal expert and former Justice Department advisor, points out: ‘Executive orders cannot override a law. At most, the order can make the president’s intention not to enforce it more official, but TikTok would still be banned and the ban on Apple and Google collaborating with the app would remain in place’.

Trump’s negotiating strategy

The possible suspension of the ban would allow Trump to buy time to negotiate an alternative solution, reinforcing his image as a ‘skilled negotiator’. According to his political allies, Trump would be the only one capable of saving TikTok, due to his business experience and strong electoral mandate.

Whether the move will succeed or turn into a new legal and political confrontation remains to be seen. However, this initiative already marks a significant change of approach from the policies adopted against TikTok in previous years.

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