Trump’s Plan to Save TikTok Faces Legal Challenges

President-elect Donald Trump is considering extraordinary measures to delay the U.S. ban on TikTok, including issuing an executive order to push back enforcement deadlines. However, such a move may face significant legal obstacles and scrutiny under federal law.

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Executive Order as a Temporary Fix

Reports indicate that Trump might issue an executive order delaying the enforcement of the TikTok ban for 60 to 90 days. Legal analysts, however, are skeptical of this approach. According to Mark Rosen, a constitutional law professor at Kent Law School, the move rests on uncertain legal grounds.

This skepticism stems from the 1952 Supreme Court ruling in Youngstown Sheet & Tube Co. v. Sawyer, which restricted presidential power. In that case, the court struck down President Truman’s attempt to seize steel mills during the Korean War, emphasizing that even in times of crisis, the president’s powers must align with existing laws.

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For Trump’s executive order to hold, he would need to prove that the TikTok law is unconstitutional or demonstrate an overriding executive authority. Both arguments are unlikely to succeed, as Congress passed the TikTok ban citing national security concerns.

Impact on Major Tech Companies

The TikTok ban would require app store operators like Apple and Google to remove TikTok from their platforms and prevent further downloads. Additionally, cloud service providers like Amazon and Microsoft would be prohibited from hosting the app. Noncompliance could result in fines of up to $5,000 per violation.

Even if Trump directs his attorney general not to enforce the ban, companies would need to carefully weigh the risks of violating the law, especially under future administrations.

Alternative Solutions

Trump has several options beyond issuing an executive order:

1. Extend the Deadline: He could encourage Congress to pass legislation delaying the ban. For example, Senator Ed Markey recently proposed a bill to extend the deadline by 270 days.

2. Facilitate a Sale: ByteDance, TikTok’s parent company, could sell its U.S. operations to a domestic buyer to avoid the ban.

Could Elon Musk Buy TikTok?

Reports suggest ByteDance is considering contingency plans, including selling TikTok’s U.S. business to Elon Musk. While ByteDance prefers to retain ownership, a sale to Musk could address national security concerns.

Musk, the billionaire owner of X (formerly Twitter) and CEO of Tesla, SpaceX, and other ventures, has strong ties to both Trump and China. Tesla’s significant business presence in China and Musk’s close relationship with Trump—highlighted by his contributions to Trump’s campaign—could make this deal feasible.

The estimated cost of acquiring TikTok’s U.S. operations ranges from $40 billion to $50 billion. Legal experts believe Musk could navigate antitrust hurdles due to TikTok and X serving different audiences. However, questions remain about whether Musk would need to sell other holdings, gain U.S. regulatory approval, or satisfy concerns from Chinese authorities.

The Future of TikTok

With the January deadline fast approaching, Trump faces limited options to prevent TikTok’s ban. Whether through legislative action, an executive order, or facilitating a sale, the resolution of this issue will have far-reaching implications for U.S.-China relations, national security, and the regulation of foreign-owned digital platforms.

Also Read: Elon Musk Eyed as Potential Buyer for TikTok as Trump Pushes to Secure Platform's U.S. Future