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TRUMP EXPECTED TO TRY TO HALT TIKTOK BAN, ALLIES SAY

The president-elect promised to ‘save’ the social media app, which faces a
deadline early next year to find a non-China-based owner.

7 min
33

A TikTok sign hangs on their building in Culver City, California, in March.
(Damian Dovarganes/AP)
By Jeff Stein
, 
Drew Harwell
and 
Jacob Bogage
November 12, 2024 at 10:53 a.m. EST

President-elect Donald Trump is expected to try to halt a potential U.S. ban of
TikTok next year, after he promised on the campaign trail to save the popular
social media app if he won, according to people familiar with his views on the
matter.


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The video-sharing app faces a January deadline to find a new owner not based in
China or lose access to U.S. users, under a law passed in April with bipartisan
support.



“He appreciates the breadth and reach of TikTok, which he used masterfully along
with podcasts and new media entrants to win,” said Kellyanne Conway, who ran
Trump’s first presidential campaign, served in the White House and remains close
to him and now also advocates for TikTok. “There are many ways to hold China to
account outside alienating 180 million U.S. users each month. Trump recognized
early on that Democrats are the party of bans — gas-powered cars, menthol
cigarettes, vapes, plastic straws and TikTok — and to let them own that
draconian, anti-personal choice space.”

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The president-elect has not yet announced a decision on if, or how to proceed,
but some advisers expect him to intervene on TikTok’s behalf if necessary —
including Conway and three others, who spoke on the condition of anonymity to
discuss private conversations. Trump promised during the campaign to protect the
app even though he also signed an executive order in his first term that would
have effectively banned it: “I’m gonna save TikTok,” he said in one of his first
videos on the app this June.

The deadline in the law for TikTok’s China-based owner ByteDance to divest is
Jan. 19 — the day before Trump’s inauguration. But the firm has challenged the
ban as unconstitutional, and even if TikTok doesn’t win, the litigation could
push the question into Trump’s second term, giving him more latitude.

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The law, called the Protecting Americans from Foreign Adversary Controlled
Applications Act, grants the president the power to extend the divestment
deadline by 90 days if the administration sees that “significant progress” has
been made toward a sale. If the deadline comes after Trump takes office and he
wanted to halt the ban outright, Trump could push Congress to repeal the law or
encourage his attorney general to refrain from enforcing it, according to Alan
Rozenshtein, a former national-security adviser to the Justice Department.

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If Trump does try to halt the ban, it would amount to a significant policy shift
for an incoming president who has spared almost no opportunity to attack China.
Toward the end of his first term, Trump presided over a federal investigation
into ByteDance that also sought to orchestrate TikTok’s sale.

The Trump transition team did not immediately respond to a request for comment.
TikTok declined to comment.

ByteDance recognized months ago that a Trump victory was its best chance to
retain control of TikTok, said one person familiar with the firm’s internal
discussions, speaking on the condition of anonymity to discuss private talks.

“The outcome of the election puts him in an even better place than he was
already trending. And that’s what the company is hoping for,” the person said.

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Halting the ban without formal action might be tricky, Rozenshtein said. The law
is enforced against app stores offered by tech giants including Apple and Google
— subjecting them to fines if they continue to offer TikTok — and those internet
giants may be leery of disobeying a law based on the whims of an inconsistent
president.

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“If you’re the general counsel of Apple and [chief executive] Tim Cook turns to
you and says, ‘Can we host TikTok on our app stores,’ you’re in a very awkward
position if the answer is ‘Trump said we could’ in a random tweet,” Rozenshtein
said. “How much do you trust Trump? If he changes his mind, are they
retroactively liable? Do they really want to be in that position?”



Repealing the law outright would leave TikTok under ByteDance’s ownership and
could reignite concerns in Washington, including among top Republicans, over
China’s potential influence on the app. But ByteDance in 2022 offered the Biden
administration an extensive proposal, known as Project Texas, that would grant
the U.S. government enormous sway over its workforce and technical underpinnings
in exchange for continued operation in the United States, which the
administration declined.

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ByteDance has previously said the proposal is still on the table, and the Trump
administration could agree to it as part of a potential compromise.

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On Capitol Hill, lawmakers in both parties continue to argue that TikTok
represents a national-security threat to Americans. They fear its popularity
could open the door for the Chinese government to collect U.S. users’ data and
manipulate the videos that Americans see in their feeds — a charge that TikTok
strenuously denies.

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Trump’s early picks for national security posts in his second term include China
hawks who have supported the TikTok ban. His choice for secretary of state, Sen.
Marco Rubio (R-Florida), wrote in The Washington Post in 2022 that TikTok gave
the Chinese government “a unique ability to monitor” American teens and that “we
must ban this potential spyware before it is too late.” Trump’s pick for
secretary of homeland security, South Dakota Gov. Kristi L. Noem (R), was the
first governor to order TikTok banned on state-owned devices.

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Trump shared some of those concerns during his first term in office, even
signing an executive order in 2020 that declared TikTok a “national emergency” —
and warned it could enable China “to track the locations of Federal employees
and contractors, build dossiers of personal information for blackmail, and
conduct corporate espionage.” His administration even tried to foster a
last-minute sale of TikTok in a process led by then-Treasury Secretary Steven
Mnuchin, but it never came to fruition — and Mnuchin later declared his interest
in acquiring pieces of the company.

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But Trump has tempered his views in recent months, breaking with his party as he
emerges as one of the app’s biggest defenders on the right. The incoming
president has argued that a ban would only help TikTok’s social-media rival,
Facebook, who he has said “cheated in the [2020] Election” and is a “true Enemy
of the People.”

After debating whether Trump should join TikTok this spring, his campaign
ultimately staffed a small TikTok team to help play him up as “the biggest
celebrity entertainer … on the planet.” By the time he declared victory this
week, the incoming president had amassed more than 14 million followers on the
app.

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“For all of those who want to save TikTok in America, vote for Trump. The other
side is closing it up, but I’m now a big star on TikTok,” he said in a video
monologue this September posted on his own social media site, Truth Social.

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Trump has told allies that he is impressed by his popularity on TikTok and
recognized it to be a major political asset over the summer, according to two
people familiar with his attitude toward the app. Others have told Trump that
the national security establishment “unfairly targeted” TikTok with allegations
of Chinese state influence, one person involved with those conversations said,
adding that the message appeared to personally resonate with Trump because it
mirrors Trump’s own views about investigations into his personal and business
activities.

Support for a TikTok ban has crumbled in the United States, including among
Republicans, falling from 50 percent last year to 32 percent this summer, the
Pew Research Center said in September.

Tony Romm contributed to this report.


TRUMP’S SECOND PRESIDENCY

The latest: Follow live updates on the transition to Donald Trump’s second
presidency and return to the White House. Here’s the inside story of Trump’s
remarkable comeback to defeat Kamala Harris.

What we know: We’re tracking Trump’s incoming administration. So far, Trump
named Susie Wiles to serve as White House chief of staff, and Gov. Kristi Noem
will be homeland security secretary. Trump also picked Rep. Elise Stefanik
(R-New York) to be U.S. ambassador to the United Nations, and Tom Homan will
serve as “border czar.”

What could happen: Here’s what a second Trump presidency could mean for America
and key global issues. Also, see how women feel about another Trump term and how
Project 2025 could reshape America under a Trump presidency.



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33 Comments
Election 2024
HAND CURATED
 * Live updates: Trump picks South Dakota Gov. Kristi Noem as homeland security
   secretary
   1 hour ago
   
   Live updates: Trump picks South Dakota Gov. Kristi Noem as homeland security
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 * How Donald Trump found his footing and fought his way back to the White House
   November 6, 2024
   
   How Donald Trump found his footing and fought his way back to the White House
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