In a court brief Friday, President-elect Trump said he would decide whether TikTok can continue operating in the U.S., citing the unique national security and First Amendment issues raised in the case. said that it should be done.
Trump’s argument comes weeks before the Supreme Court is scheduled to hear oral arguments on Jan. 10, 2025, on a law that would require TikTok to be divested from control of a foreign enemy. The parties do not support it either,” the court filing states.
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TikTok is owned by ByteDance, a Beijing-based company with ties to the Chinese Communist Party.
“Today, President Donald J. Trump filed an amicus brief with the U.S. Supreme Court, extending the deadline causing TikTok’s impending shutdown and giving Trump an opportunity to resolve the matter in a way that saves and preserves TikTok. “The national security of the United States will be protected when Mr. Trump returns to the position of President of the United States on January 20, 2025,” said Stephen Chan, President Trump’s press secretary and incoming White House communications director, on FOX. He told News Digital.
“President Donald J. Trump (President Trump) is the 45th President of the United States and will soon become the 47th President of the United States,” the briefing states. “On January 20, 2025, President Trump will assume responsibility for the United States’ national security, foreign policy, and other critical executive functions.”
President-elect Donald Trump speaks at America Fest in Phoenix on Sunday, December 22, 2024. (AP Photo/Rick Scutelli)
“This case presents new, unprecedented and difficult tensions between free speech on the one hand and foreign policy and national security concerns on the other,” Trump said. “As the next Chief Executive, President Trump has a particular interest in and responsibility for national security and foreign policy issues, and is constitutionally well-suited to resolve disputes through political means.
“President Trump also has a unique interest in the First Amendment issues raised in this case. Through his historic victory on November 5, 2024, President Trump… “We have received a strong electoral mandate from American voters to protect the right to free speech.” Total of all Americans, including 170 million Americans who use TikTok. ”
“President Trump is uniquely positioned to justify these interests because ‘the President and Vice President of the United States are the only elected officials who represent all of America’s voters,'” the brief continues. are.
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President Trump said, “Due to the paramount responsibility for the national security and foreign policy of the United States, President Trump opposes banning TikTok in the United States at this time, and will continue to do so through political means after taking office.” We’re looking for the ability to solve problems.” . ”
“On September 4, 2024, President Trump posted on Truth Social: ‘If you want to save TikTok in America, vote for Trump!'” the brief states.
President Trump has “impeccable deal-making expertise in negotiating resolutions that uphold the platform while addressing the government’s stated national security concerns, which President Trump himself has acknowledged.” “I am the only one with the power to vote and the political will.”
“Indeed, President Trump’s first term was marked by a series of policy victories achieved through historic agreements, and he has great prospects for success in this latest national security and foreign policy effort. “I have it,” the brief states.
Trump noted that the 270-day deadline imposed by the new TikTok law will expire “on January 19, 2025, the day before President Trump is sworn in as the 47th President of the United States.”
March 17, 2023 at the TikTok Inc. building in Culver City, California. (AP Photo/Damian Dovarganes, File)
The bill, signed into law this spring, requires ByteDance to divest TikTok by January 19th. If ByteDance doesn’t sell by the deadline, Google and Apple will no longer be able to list TikTok in their U.S. app stores.
“This unfortunate timing is a popular means for President Trump to control U.S. foreign policy, protect national security, and allow 170 million Americans to exercise their core First Amendment rights.” “This would impede the ability to pursue a solution to preserve social media platforms that have become “Furthermore, the law imposes deadline constraints without specifying the government’s mandatory interest in specific deadlines.”
President Trump said he was “considering extending the deadline by 90 days under certain circumstances.”
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The Supreme Court justices announced that they will hold a special session on January 10 to hear oral arguments in the case. This provides an expedited timeline that allows the case to be heard just nine days before the ban is scheduled to go into effect on January 19th. The law allows the president to extend the deadline by up to 90 days if ByteDance is in the process of being sold.
“Therefore, as the embodiment of the incoming executive branch, President Trump has a compelling interest in meeting statutory deadlines to give the incoming administration the opportunity to seek negotiated solutions to these issues.” It is stated in “If such a resolution were successful, it would obviate the need for this court to decide the historically difficult First Amendment issues raised here so quickly today.”
Earlier this month, TikTok and ByteDance filed an emergency motion with the high court asking the justices to temporarily block enforcement of the law while they appeal the U.S. Court of Appeals for the District of Columbia Circuit’s ruling.
View of the United States Supreme Court building. (Anna Moneymaker/Getty Images)
Lawyers for TikTok argue that the law passed earlier this year violates the First Amendment, and in the Supreme Court’s request, it “singles out applicants and shuts down one of the country’s most important speech platforms.” “This is an unprecedented attempt by Congress to prohibit the operation of…” “Significant constitutional questions are being raised that this court will probably never accept.”
Last year, TikTok created its “Project Texas” initiative dedicated to addressing U.S. national security concerns.
TikTok CEO Shou Zi Chew said “Project Texas” will create a standalone version of the TikTok platform for the US, isolated on servers in Oracle’s US cloud environment. It was developed by CFIUS and cost approximately $1.5 billion to implement.
Although Chu maintains that TikTok is not beholden to any particular country, executives have said in the past that even when U.S.-based TikTok officials did not have access to Americans’ data, Chinese authorities admitted that a person had accessed the data of Americans. TikTok claims the new initiative will keep U.S. user data safe, telling Fox News Digital that the data is controlled “in the United States by American persons.”
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President Trump has expressed support for TikTok. Earlier this month, he met with Thieu at Mar-a-Lago and told reporters at a press conference ahead of the meeting that the next administration would take a look at TikTok and its impending U.S. ban. Ta.
“I have a warm spot for TikTok,” President Trump told reporters.
Brooke Singman is a political correspondent and reporter for Fox News Digital, Fox News Channel and FOX Business.