Biden Hands Off TikTok Dilemma to Trump
As politicians in Washington rush to address TikTok, President Joe Biden's opportunity to intervene and save the platform seems to be quickly disappearing.
TroibNews 
A last-ditch effort by Democratic lawmakers to persuade President Joe Biden to grant TikTok a reprieve appears to have faltered on Thursday, as the White House stated that the president lacked the authority to do so. This development leaves a significant gap just three days before the deadline for the app to either be sold or banned in the U.S.
“Our interpretation of the law that Congress passed is that absent a credible plan from the company on how they will divest, the President does not have statutory authority to trigger the 90-day extension,” a White House official told PMG, speaking on condition of anonymity. “The company has not only not advanced such a plan, they have signaled they have no intention of selling it to an American owner.”
This announcement dampened the enthusiasm of Congressional Democrats, who had introduced an unsuccessful bill and sent a letter to Biden late Thursday, signed by Democratic Senators Ed Markey, Chris Van Hollen, and Cory Booker. Representative Ro Khanna from California also made a phone appeal. If Biden decides not to extend the deadline, the only options left to prevent a ban on the app the day before inauguration day would be a sale or intervention by the Supreme Court.
The lack of a clear plan to avert the ban has placed Congress, the White House, and federal enforcement agencies in uncharted territory.
Biden's administration suggested that it would not enforce the ban, which includes heavy fines for companies such as Apple and Google if they continue to host the app.
“Given the timing of when it goes into effect over a holiday weekend a day before inauguration, it will be up to the next administration to implement,” the White House official said.
Incoming President Donald Trump, who previously attempted to ban TikTok via executive order, has expressed a desire to “save” the app, potentially putting his Justice Department in a position where it may not enforce federal law. Indications of Trump's connection to TikTok include the CEO Shou Zi Chew being invited as a guest of honor at the inauguration and the company sponsoring an event for influencers during the festivities.
The bipartisan rush to provide TikTok with an extension comes less than a year after lawmakers from both sides of the aisle overwhelmingly supported the TikTok bill, which Biden promptly signed, citing concerns over national security due to the app’s Chinese ownership.
TikTok has consistently refuted these allegations and is challenging the law in the Supreme Court, where justices heard arguments last week.
It now seems neither political party is eager to face the public backlash associated with banning an immensely popular app that boasts 170 million U.S. users.
Senate Minority Leader Chuck Schumer, who had remained largely silent on the issue for several months, voiced his own appeal for an extension. “It's clear that more time is needed to find an American buyer and not disrupt the lives and livelihoods of millions of Americans, of so many influencers who have built up a good network of followers,” said Schumer.
Trump has already requested the Supreme Court for additional time to negotiate a deal. However, legal uncertainties surround whether the incoming president can utilize the 90-day extension if the ban has already been enacted, and the justices have yet to issue a stay following last week's hearing on TikTok’s challenge.
Rep. Mike Waltz, who is set to become Trump’s national security advisor, stated on Wednesday during a Fox News segment, “We’re going to find a way to preserve [TikTok] but protect people's data and that's the deal that will be in front of us.” Waltz had previously voted for the app's sale.
While some Democrats are advocating for a delay, several Republican lawmakers focused on China's threats have urged Biden to adhere strictly to the TikTok law. According to the law, for Biden to postpone it by 90 days, he would need to certify to Congress that TikTok has a viable plan for divestiture and provide “evidence of significant progress” toward that goal, including “relevant binding legal agreements.”
Sen. Mike Rounds, a member of the Senate Select Committee on Intelligence, told PMG, “Divestiture is the way it has to be done.” He set a rigorous standard for considering any extension from Biden or Trump. “No more time unless they actually have a legitimate buyer in the works, and then it'll be for an extension of not more than 90 days." Rounds noted that he hasn't discussed the possibility of an extension with Trump following Monday's inauguration.
Sen. John Kennedy remarked to reporters on Thursday that Biden would need to prove sufficient progress had been made toward a sale to justify granting TikTok an extension.
“Based on what I know at this time, I don’t see that the White House could do that,” he said. “It doesn’t mean they won’t.”
Markey's attempt on Wednesday to pass a bill extending the sale deadline for TikTok, citing “the serious hardship” and “unintended consequences” of a ban, was unsuccessful.
Senate Intelligence Chair Tom Cotton and Sen. Pete Ricketts blocked Markey's measure. “TikTok’s owners had plenty of time to find a buyer. And there were plenty of willing buyers as well,” Cotton affirmed.
Caitlin Legacki, a former Biden Commerce Department official, characterized the situation as a “game of chicken,” noting that both parties are seeking a last-minute solution to avoid political fallout.
“Somebody is going to find a way to strike a deal, and they will be regarded as the hero of a TikTok generation,” she said. “Democrats see the writing on the wall here, but I do think it speaks to a failure of both parties to actually explain to voters why this was necessary, and as a result, we're going to probably roll back what was the correct policy.”
Emily Johnson contributed to this report for TROIB News
“Our interpretation of the law that Congress passed is that absent a credible plan from the company on how they will divest, the President does not have statutory authority to trigger the 90-day extension,” a White House official told PMG, speaking on condition of anonymity. “The company has not only not advanced such a plan, they have signaled they have no intention of selling it to an American owner.”
This announcement dampened the enthusiasm of Congressional Democrats, who had introduced an unsuccessful bill and sent a letter to Biden late Thursday, signed by Democratic Senators Ed Markey, Chris Van Hollen, and Cory Booker. Representative Ro Khanna from California also made a phone appeal. If Biden decides not to extend the deadline, the only options left to prevent a ban on the app the day before inauguration day would be a sale or intervention by the Supreme Court.
The lack of a clear plan to avert the ban has placed Congress, the White House, and federal enforcement agencies in uncharted territory.
Biden's administration suggested that it would not enforce the ban, which includes heavy fines for companies such as Apple and Google if they continue to host the app.
“Given the timing of when it goes into effect over a holiday weekend a day before inauguration, it will be up to the next administration to implement,” the White House official said.
Incoming President Donald Trump, who previously attempted to ban TikTok via executive order, has expressed a desire to “save” the app, potentially putting his Justice Department in a position where it may not enforce federal law. Indications of Trump's connection to TikTok include the CEO Shou Zi Chew being invited as a guest of honor at the inauguration and the company sponsoring an event for influencers during the festivities.
The bipartisan rush to provide TikTok with an extension comes less than a year after lawmakers from both sides of the aisle overwhelmingly supported the TikTok bill, which Biden promptly signed, citing concerns over national security due to the app’s Chinese ownership.
TikTok has consistently refuted these allegations and is challenging the law in the Supreme Court, where justices heard arguments last week.
It now seems neither political party is eager to face the public backlash associated with banning an immensely popular app that boasts 170 million U.S. users.
Senate Minority Leader Chuck Schumer, who had remained largely silent on the issue for several months, voiced his own appeal for an extension. “It's clear that more time is needed to find an American buyer and not disrupt the lives and livelihoods of millions of Americans, of so many influencers who have built up a good network of followers,” said Schumer.
Trump has already requested the Supreme Court for additional time to negotiate a deal. However, legal uncertainties surround whether the incoming president can utilize the 90-day extension if the ban has already been enacted, and the justices have yet to issue a stay following last week's hearing on TikTok’s challenge.
Rep. Mike Waltz, who is set to become Trump’s national security advisor, stated on Wednesday during a Fox News segment, “We’re going to find a way to preserve [TikTok] but protect people's data and that's the deal that will be in front of us.” Waltz had previously voted for the app's sale.
While some Democrats are advocating for a delay, several Republican lawmakers focused on China's threats have urged Biden to adhere strictly to the TikTok law. According to the law, for Biden to postpone it by 90 days, he would need to certify to Congress that TikTok has a viable plan for divestiture and provide “evidence of significant progress” toward that goal, including “relevant binding legal agreements.”
Sen. Mike Rounds, a member of the Senate Select Committee on Intelligence, told PMG, “Divestiture is the way it has to be done.” He set a rigorous standard for considering any extension from Biden or Trump. “No more time unless they actually have a legitimate buyer in the works, and then it'll be for an extension of not more than 90 days." Rounds noted that he hasn't discussed the possibility of an extension with Trump following Monday's inauguration.
Sen. John Kennedy remarked to reporters on Thursday that Biden would need to prove sufficient progress had been made toward a sale to justify granting TikTok an extension.
“Based on what I know at this time, I don’t see that the White House could do that,” he said. “It doesn’t mean they won’t.”
Markey's attempt on Wednesday to pass a bill extending the sale deadline for TikTok, citing “the serious hardship” and “unintended consequences” of a ban, was unsuccessful.
Senate Intelligence Chair Tom Cotton and Sen. Pete Ricketts blocked Markey's measure. “TikTok’s owners had plenty of time to find a buyer. And there were plenty of willing buyers as well,” Cotton affirmed.
Caitlin Legacki, a former Biden Commerce Department official, characterized the situation as a “game of chicken,” noting that both parties are seeking a last-minute solution to avoid political fallout.
“Somebody is going to find a way to strike a deal, and they will be regarded as the hero of a TikTok generation,” she said. “Democrats see the writing on the wall here, but I do think it speaks to a failure of both parties to actually explain to voters why this was necessary, and as a result, we're going to probably roll back what was the correct policy.”
Emily Johnson contributed to this report for TROIB News
