Congress hawks insist: TikTok must sell or face ban

One lawmaker stated, “TikTok has no one to blame but themselves for this outcome."

Congress hawks insist: TikTok must sell or face ban
China hawks in Congress are rallying behind their legislation that mandates TikTok to either divest or face a ban in the U.S., following the Supreme Court's ruling affirming the law's constitutionality on Friday. They are optimistic that the incoming president will negotiate a deal that prevents the app from shutting down.

“Hopefully they’ll figure out a way to get it sold,” Senate Majority Leader John Thune commented to PMG. He added that if President-elect Donald Trump were to enforce a ban, “I would think so.”

The Supreme Court's decision arrived just days before a ban is scheduled to start on January 19. Trump has vowed to “save” the app and is set to host TikTok CEO Shou Zi Chew at his inauguration. Additionally, TikTok is sponsoring an inauguration event for MAGA influencers.

In a conversation with China's leader Xi Jinping, Trump anticipated “to solve many problems together.” He later noted that “everyone must respect” the Supreme Court's ruling. Trump remarked, “My decision on TikTok will be made in the not too distant future, but I must have time to review the situation.”

TikTok CEO Shou Zi Chew expressed gratitude to Trump in a video statement shared on the platform, stating, “We are grateful and pleased to have the support of a President who truly understands our platform — one who has used TikTok to express his own thoughts and perspectives, connecting with the world and generating more than 60 billion views of his content,” and added, “more to come.”

Deputy Attorney General Lisa Monaco welcomed the Court's ruling and acknowledged the uncertainty around the ban. "The next phase of this effort — implementing and ensuring compliance with the law after it goes into effect on January 19 — will be a process that plays out over time,” she stated.

White House spokesperson Karine Jean-Pierre declared that President Joe Biden would not enforce the looming ban that levies significant penalties on platforms hosting TikTok. “Given the sheer fact of timing, this Administration recognizes that actions to implement the law simply must fall to the next Administration, which takes office on Monday,” she said.

On Capitol Hill, Republicans balanced their support for the law's objectives with a willingness to negotiate a resolution to prevent an app ban. Sen. Mike Rounds, a member of the Senate Armed Services Committee, emphasized the pressing national security concerns surrounding the issue. He remarked on the Trump administration's ability to delay the ban, stating, “They do. They have the power to extend it — I believe the time period is 90 days — if there is a legitimate reason, such as a pending sale. But I would think there would have to be a legitimate reason for that.”

Other Republicans offered the new administration limited flexibility, even as Trump’s attorney general nominee Pam Bondi hesitated to commit to enforcing the TikTok legislation during her confirmation hearing. Sen. Rick Scott stated that U.S. app store providers like Google and Apple “need to comply with the law” and cease hosting TikTok.

ByteDance, TikTok's parent company, has asserted that it will not sell the app. Nonetheless, billionaire Frank McCourt indicated on Friday that he has made a formal offer to acquire TikTok. His proposal would exclude the underlying algorithm that contributes to the app’s popularity, which is restricted from export by Chinese law.

“We are ready to work with the company and President Trump to complete a deal,” McCourt said in a statement. “Together, we can transition TikTok to a clean tech stack and turn this national security problem into a big win for Americans.”

Meanwhile, some Democrats attempted unsuccessfully to persuade Biden to prolong the deadline. Rep. Ro Khanna mentioned that he reached out to the president, while Sen. Ed Markey drafted a bill to extend the deadline that ultimately did not gain traction. Sen. Elizabeth Warren voiced her concern about targeting a single company, stating, “Targeting one company makes no sense. We need a level set of rules for all social media companies.”

Sen. Richard Blumenthal opined to PMG on Friday that it “is more than possible, it’s likely” and “legally should be done” for Biden to pursue the extension. Despite the law’s impending enforcement over a weekend, he pointed out that he had previously conveyed his thoughts to Biden's staff but acknowledged that reaching the administration on the “Friday before the inaugural” would be challenging.

Blumenthal also expressed understanding towards the White House's decision to delay immediate enforcement of the ban, stating, “I would be fine as long as the requirements of the law are followed.” He indicated that some form of certification or declaration regarding the non-enforcement would be necessary, arguing against an arbitrary decision to “not enforce the law.”

Sen. Mark Warner, vice chair of the Senate Intelligence Committee, shared that it was anticipated there might need to be an additional 90 days, saying, “if there are serious bidders, I hope the ByteDance management will get serious now as well.”

Conversely, other party members were more critical of TikTok. House Energy and Commerce ranking member Frank Pallone urged ByteDance to acknowledge the necessity of divesting TikTok. He emphasized that “Spending lavishly to celebrate the President-elect's inauguration, and sending the CEO to sit on the dais does not change federal law or override a unanimous decision by the highest court in the land.”

Pallone and TikTok clashed on X Thursday, with the TikTok team asserting, “you want to silence and censor over 170 million Americans' right to free speech.”

Rep. Bob Latta expressed frustration toward TikTok, stating, “TikTok has no one to blame but themselves for this outcome,” and remarked, “No matter how TikTok spins this, it’s clear they cannot or simply refuse to sever ties with the Chinese Communist Party.” He noted, “It should disturb every single American that they chose this path instead of working to divest and keep the app operational in the United States.”

Sen. Marco Rubio, who is Trump's nominee for Secretary of State and has previously supported the ban, weighed in on the issue, stating, “I hope there’s a deal on the table.” When asked about Trump's authority to refrain from enforcing the law, Rubio explained, “On the 19th, he has 90 days if there's a deal on the table to purchase TikTok” but added, “I don't know what he's going to do. You have to ask them, but I'm just telling what the law is."

Mark B Thomas contributed to this report for TROIB News