Trump signs executive order to delay TikTok ban

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President Trump signed an executive order on Monday to delay enforcement of a federal ban on TikTok for 75 days, although the law took effect on Sunday and it is unclear whether such a move could override it.

The order, one of Mr. Trump’s first acts after taking office, directs the attorney general not to take action to enforce the law so that his administration “has the opportunity to determine the appropriate path forward.” The order applies retroactively to Sunday.

As he signed the order, Mr. Trump told reporters that “the U.S. should be entitled to get half of TikTok” if a deal for the app goes through, without going into detail. He said he believes TikTok could be worth a trillion dollars.

The order could face immediate legal challenges, including over whether a president has the authority to stop enforcement of a federal law. Companies subject to the law banning the provision of services to China’s TikTok may find the order offers no protection from legal liability.

The federal law banning TikTok, owned by ByteDance, required the app to be sold to a non-Chinese owner or it would be blocked. The only workaround provided by the law is a 90-day extension if a likely buyer is found. Even then, it is unclear whether this option is viable since the law is already in force. The law also limits how much of a TikTok share can remain in foreign ownership.

By attempting to override federal law, Mr. Trump raised serious questions about the limits of presidential power and the rule of law in the United States. Some lawmakers and legal experts have raised concerns about the legality of an executive order, particularly in the wake of a Supreme Court ruling upholding the law on Friday and the national security concerns that led lawmakers to draft it in the first place.

Former President Joseph R. Biden Jr. signed the law, which passed Congress overwhelmingly last year and forced ByteDance to sell TikTok or face a ban. TikTok had security concerns that the Chinese government could use it to spread propaganda or collect US user data. The law imposes fines on app stores and cloud computing providers if they do not stop working with the app.

TikTok was briefly disabled for US users over the weekend but returned on Sunday after Trump announced on social media that he was planning an executive order. While the app started working again for people who had already downloaded it, it disappeared from the Google and Apple app stores on Saturday and was no longer available on Monday.

Mr. Trump’s efforts to keep TikTok online are having a significant impact on its users. The app has transformed the social media landscape, defined popular culture and created livelihoods for millions of influencers and small businesses that rely on the platform.

In the executive order, Mr. Trump said his constitutional responsibilities include national security. It said he plans to consult with consultants to review the concerns raised by TikTok and the remedial actions the company has already taken.

The administration will “pursue a resolution that protects national security while saving a platform used by 170 million Americans,” the order said, calling the legislation’s timing “unfortunate.”

The attorney general will send letters to companies covered by the law to inform them “that there has been no violation of the law” and that they will not be held liable for providing services to TikTok during the 75 days, it said Arrangement.

That may not be enough security, some legal experts said.

“I do not believe that directing the attorney general not to enforce it for a period of time is consistent with the faithful implementation of the law,” said Zachary Price, a professor at the University of California College of the Law in San Francisco. “And even if that is OK, the president does not have the authority to repeal the law itself and eliminate liability for those who violate it as long as it is not enforced.”

TikTok and Apple did not immediately respond to requests for comment. Google declined to comment.

TikTok’s ties to China have long raised national security concerns, including from Mr. Trump. Near the end of his first term in 2020, Mr. Trump issued an executive order that would ban app stores from making TikTok available for download. He then pushed for an American company to buy the app, but that effort failed when he lost his re-election bid.

Last year, the effort was revived by Congress and Mr. Biden signed it into law in April. The law targeted app stores like those of Apple and Google as well as cloud computing companies. It said those companies would not be able to distribute or host TikTok unless the app was sold to a non-Chinese owner by Jan. 19.

Mr. Trump then reversed positions. He joined the app in June and said on television in March that there were young people who were “going crazy” without TikTok.

“I guess I have a soft spot for TikTok that I didn’t originally have,” Trump said as he signed executive orders Monday night.

TikTok has challenged the law in federal court, saying it restricts its users’ right to free speech as well as the company’s own First Amendment rights. The Court of Appeals for the D.C. Circuit upheld the law in December. TikTok appealed to the Supreme Court, which also upheld the law on Friday.

TikTok and some Democrats made a final attempt to stop the law from taking effect. But on Saturday, TikTok ceased operations in the United States and disappeared from the Apple and Google app stores a few hours before midnight. Users regretted his disappearance.

On Sunday morning, Mr. Trump announced on Truth Social that he would “issue an executive order on Monday to extend the time before the Act’s prohibitions take effect so that we can reach an agreement to protect our national security,” he said will not penalize companies that broke the law to keep the app online.

Hours later, TikTok restored its service to US users and welcomed them with a message: “Due to President Trump’s efforts, TikTok is back in the US!”

As he signed executive orders in the Oval Office, Mr. Trump was asked why he had changed his mind about the app.

“Because I was allowed to use it,” he said.

Tripp Mickle and Nico Grant contributed reporting.

Sapna Maheshwari contributed to the reporting