With Only 72 Hours Left, TikTok Ban Throws Washington into Disarray
Both parties and two administrations are working to evade the repercussions of a law that received near-unanimous support from Congress.
TroibNews 
As a historic TikTok ban approaches, lawmakers are exploring potential avenues to preserve the app, navigating uncharted waters for Congress, the White House, and potentially federal regulators.
A contingent of Democrats, including Senate Minority Leader Chuck Schumer, has reached out directly to President Joe Biden’s administration, urging a delay of the Jan. 19 deadline for TikTok to separate from its parent company, Beijing-based ByteDance, or face exclusion from U.S. app stores.
Former President Donald Trump, who attempted to ban TikTok via executive order, is now advocating against the ban, potentially placing his Justice Department in a position of non-enforcement of federal laws. Even some congressional members known for their hardline stance on China appear more open to solutions that could allow the app to remain online temporarily.
“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,” Schumer stated, having remained largely silent on the matter until recently. “TikTok should survive, but under new ownership.”
Despite overwhelming bipartisan support for the TikTok legislation, which Biden promptly signed into law, both parties seem reluctant to face a backlash from the public regarding a ban on a widely-used app with 170 million American users.
Rep. Mike Waltz, who is set to be Trump’s national security adviser, remarked on Fox News, “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.”
At the same time, Democratic lawmakers continue to advocate for a reprieve for TikTok, pressing Biden to leverage his legal authority to grant an extension.
“I’ve been calling” the Biden White House, Rep. Ro Khanna stated to PMG. "They're coming around, I think the President's gonna [intervene]," he added.
However, a White House official downplayed the idea of delaying the ban, affirming to PMG, “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. The company has not only not advanced such a plan, they have signaled they have no intention of selling it to an American owner.”
Caitlin Legacki, a former official from the Biden Commerce Department, characterized the situation as a “game of chicken,” noting that both parties are seeking a last-minute solution to avoid political repercussions.
“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.”
In a notable shift in TikTok's political environment, TikTok CEO Shou Zi Chew—who previously faced intense scrutiny from lawmakers during an extended House hearing—has reportedly been invited to Trump's inauguration, where he will have a seat at the dais, according to sources familiar with the planning.
Despite this, Congress remains divided on how to address the evolving situation. Sen. Ed Markey, who had initially supported the inclusion of TikTok provisions in a Senate foreign aid bill but voiced concerns at the time, has also contacted Biden, according to an aide.
Markey attempted unsuccessfully to introduce a bill extending the deadline for TikTok’s sale, expressing that the threat of Chinese influence must be weighed against the “serious hardship” and “unintended consequences” of a ban. “With the impending TikTok ban, Congress has gotten that balance wrong,” he said on the Senate floor.
Senate Intelligence Chair Tom Cotton and Sen. Pete Ricketts blocked Markey’s proposal. Cotton remarked, “TikTok’s owners had plenty of time to find a buyer. And there were plenty of willing buyers as well.”
Sen. John Hoeven expressed his doubt about circumventing the law to allow the app to remain connected to Beijing. “It's not about not having TikTok. It's just about not having the PRC — the Chinese Communist Party — own and operate it for propaganda,” he explained.
Congress enacted the TikTok law in April, citing concerns over the app’s connections to China as a national security threat. TikTok has denied these allegations and has challenged the law at the Supreme Court, where justices heard arguments last week.
Trump, who unsuccessfully tried to ban TikTok in 2020, has pledged during his campaign to “save” the app. He submitted a friend-of-the-court brief urging the justices to delay the Jan. 19 ban so he could negotiate a deal to keep the app operational. The Supreme Court agreed to streamline the case but has yet to issue a stay or postpone the law’s enforcement.
Allen M Lee contributed to this report for TROIB News
A contingent of Democrats, including Senate Minority Leader Chuck Schumer, has reached out directly to President Joe Biden’s administration, urging a delay of the Jan. 19 deadline for TikTok to separate from its parent company, Beijing-based ByteDance, or face exclusion from U.S. app stores.
Former President Donald Trump, who attempted to ban TikTok via executive order, is now advocating against the ban, potentially placing his Justice Department in a position of non-enforcement of federal laws. Even some congressional members known for their hardline stance on China appear more open to solutions that could allow the app to remain online temporarily.
“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,” Schumer stated, having remained largely silent on the matter until recently. “TikTok should survive, but under new ownership.”
Despite overwhelming bipartisan support for the TikTok legislation, which Biden promptly signed into law, both parties seem reluctant to face a backlash from the public regarding a ban on a widely-used app with 170 million American users.
Rep. Mike Waltz, who is set to be Trump’s national security adviser, remarked on Fox News, “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.”
At the same time, Democratic lawmakers continue to advocate for a reprieve for TikTok, pressing Biden to leverage his legal authority to grant an extension.
“I’ve been calling” the Biden White House, Rep. Ro Khanna stated to PMG. "They're coming around, I think the President's gonna [intervene]," he added.
However, a White House official downplayed the idea of delaying the ban, affirming to PMG, “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. The company has not only not advanced such a plan, they have signaled they have no intention of selling it to an American owner.”
Caitlin Legacki, a former official from the Biden Commerce Department, characterized the situation as a “game of chicken,” noting that both parties are seeking a last-minute solution to avoid political repercussions.
“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.”
In a notable shift in TikTok's political environment, TikTok CEO Shou Zi Chew—who previously faced intense scrutiny from lawmakers during an extended House hearing—has reportedly been invited to Trump's inauguration, where he will have a seat at the dais, according to sources familiar with the planning.
Despite this, Congress remains divided on how to address the evolving situation. Sen. Ed Markey, who had initially supported the inclusion of TikTok provisions in a Senate foreign aid bill but voiced concerns at the time, has also contacted Biden, according to an aide.
Markey attempted unsuccessfully to introduce a bill extending the deadline for TikTok’s sale, expressing that the threat of Chinese influence must be weighed against the “serious hardship” and “unintended consequences” of a ban. “With the impending TikTok ban, Congress has gotten that balance wrong,” he said on the Senate floor.
Senate Intelligence Chair Tom Cotton and Sen. Pete Ricketts blocked Markey’s proposal. Cotton remarked, “TikTok’s owners had plenty of time to find a buyer. And there were plenty of willing buyers as well.”
Sen. John Hoeven expressed his doubt about circumventing the law to allow the app to remain connected to Beijing. “It's not about not having TikTok. It's just about not having the PRC — the Chinese Communist Party — own and operate it for propaganda,” he explained.
Congress enacted the TikTok law in April, citing concerns over the app’s connections to China as a national security threat. TikTok has denied these allegations and has challenged the law at the Supreme Court, where justices heard arguments last week.
Trump, who unsuccessfully tried to ban TikTok in 2020, has pledged during his campaign to “save” the app. He submitted a friend-of-the-court brief urging the justices to delay the Jan. 19 ban so he could negotiate a deal to keep the app operational. The Supreme Court agreed to streamline the case but has yet to issue a stay or postpone the law’s enforcement.
Allen M Lee contributed to this report for TROIB News
