President-elect Trump says he should be the one to make the decision on whether TikTok can continue operating in the United States due to the unique national security and First Amendment issues raised by this case, he said in an amicus brief Friday.
Trump’s argument comes in an amicus brief “supporting neither party,” filed Friday, weeks before the Supreme Court is expected to hear oral arguments on Jan. 10, 2025 on the law that requires a divestment of TikTok from foreign adversary control.
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TikTok is owned by ByteDance, a company based in Beijing and connected to the Chinese Communist Party.
“Today, President Donald J. Trump has filed an amicus brief in the U.S. Supreme Court asking the Court to extend the deadline that would cause TikTok’s imminent shutdown, and allow President Trump the opportunity to resolve the issue in a way that saves TikTok and preserves American national security once he resumes office as President of the United States on January 20, 2025,” Trump spokesman and incoming White House Communications Director Steven Cheung told Fox News Digital.
“President Donald J. Trump (“President Trump”) is the 45th and soon to be the 47th President of the United States of America,” the brief states. “On January 20, 2025, President Trump will assume responsibility for the United States’ national security, foreign policy, and other vital executive functions.”
Trump argues that “this case presents an unprecedented, novel, and difficult tension between free-speech rights on one side, and foreign policy and national-security concerns on the other.” “As the incoming Chief Executive, President Trump has a particularly powerful interest in and responsibility for those national-security and foreign-policy questions, and he is the right constitutional actor to resolve the dispute through political means.
President Trump also has a unique interest in the First Amendment issues raised in this case,” the brief states. “Through his historic victory on November 5, 2024, President Trump received a powerful electoral mandate from American voters to protect the free-speech rights of all Americans—including the 170 million Americans who use TikTok.”
“President Trump is uniquely situated to vindicate these interests, because ‘the President and the Vice President of the United States are the only elected officials who represent all the voters in the Nation,’” the brief continues.
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Trump argues that due to his “overarching responsibility for the United States’ national security and foreign policy— President Trump opposes banning TikTok in the United States at this juncture, and seeks the ability to resolve the issues at hand through political means once he takes office.”
“On September 4, 2024, President Trump posted on Truth Social, ‘FOR ALL THOSE THAT WANT TO SAVE TIK TOK IN AMERICA, VOTE TRUMP!’” the brief states.
Trump argues that he “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—concerns which President Trump himself has acknowledged.”
“Indeed, President Trump’s first Term was highlighted by a series of policy triumphs achieved through historic deals, and he has a great prospect of success in this latest national security and foreign policy endeavor,” the brief states.
Trump notes that the 270-day deadline imposed by the new TikTok law “expires on January 19, 2025—one day before President Trump will assume office as the 47th President of the United States.”
That legislation, which was signed into law in the spring, requires a sale of TikTok from ByteDance by Jan. 19. If ByteDance does not divest by the deadline, Google and Apple are no longer able to feature TikTok in their app stores in the U.S.
“This unfortunate timing interferes with President Trump’s ability to manage the United States’ foreign policy and to pursue a resolution to both protect national security and save a social-media platform that provides a popular vehicle for 170 million Americans to exercise their core First Amendment rights,” the brief states. “The Act imposes the timing constraint, moreover, without specifying any compelling government interest in that particular deadline.”
Trump points to the law, which “contemplates a 90-day extension to the deadline under certain specified circumstances.”
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Supreme Court Justices said they will hold a special session on Jan. 10 to hear oral arguments in the case — an expedited timeline that will allow them to consider the case just nine days before the Jan. 19 ban is slated to take effect. The law allows the president to extend the deadline by up to 90 days if ByteDance is in the process of divesting.
“President Trump, therefore, has a compelling interest as the incoming embodiment of the Executive Branch in seeing the statutory deadline stayed to allow his incoming Administration the opportunity to seek a negotiated resolution of these questions,” the brief states. “If successful, such a resolution would obviate the need for this Court to decide the historically challenging First Amendment question presented here on the current, highly expedited basis.”
TikTok and ByteDance filed an emergency application to the high court earlier this month asking justices to temporarily block the law from being enforced while it appealed a decision from the U.S. Court of Appeals for the District of Columbia Circuit.
Lawyers for TikTok have argued that the law passed earlier this year is a First Amendment violation, noting in their Supreme Court request that “Congress’s unprecedented attempt to single out applicants and bar them from operating one of the most significant speech platforms in this nation” and “presents grave constitutional problems that this court likely will not allow to stand.”
TikTok, last year, created its “Project Texas” initiative, which is dedicated to addressing concerns about U.S. national security.
TikTok CEO Shou Zi Chew says “Project Texas” creates a stand-alone version of the TikTok platform for the U.S. isolated on servers in Oracle’s U.S. cloud environment. It was developed by CFIUS and cost the company approximately $1.5 billion to implement.
Chew has argued that TikTok is not beholden to any one country, though executives in the past have admitted that Chinese officials had access to Americans’ data even when U.S.-based TikTok officials did not. TikTok claims that the new initiative keeps U.S. user data safe, and told Fox News Digital that data is managed “by Americans, in America.”
Trump has signaled support for TikTok. Earlier this month, he met with Chew at Mar-a-Lago, telling reporters during a press conference ahead of the meeting that his incoming administration will “take a look at TikTok” and the looming U.S. ban.
“I have a warm spot in my heart for TikTok,” Trump told reporters.
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