Trump Vows Executive Order to ‘Save TikTok,’ But Experts Say He Lacks the Power”

 Trump Vows Executive Order to ‘Save TikTok,’ But Experts Say He Lacks the Power”

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President-elect Donald Trump has vowed to sign an executive order to block a law requiring TikTok’s Chinese parent company, ByteDance, to sell the platform or face a ban. However, tech experts, including Kara Swisher, argue that Trump lacks the authority to overturn the law, which was passed by Congress last year.

During oral arguments this month, the Supreme Court appeared reluctant to strike down the law, leaving Trump with limited options. In a conversation with CNN, Swisher dismissed the feasibility of Trump’s proposed executive order.

“The Washington Post is reporting that President-elect Trump is considering an executive order to ‘save TikTok,’” said anchor Jake Tapper. “How would that — I mean, would that even work?”

“No,” Swisher replied. “The Post correctly said … that an executive order like this is just a press release on nicer stationery. No, he can’t do that. This is a law. He’s got to have the law overturned. He doesn’t have to enforce the law when he’s president — he’s not president when it gets banned. So he has another day before that. But it’s a law of Congress. They have to decide whether to follow Congress or to follow the president.”

Former President Donald Trump
Former President Donald Trump asked a New York judge to set aside his hush money trial conviction. /Seth Wenig Via Reuters

Swisher noted that the Supreme Court would likely uphold the law, meaning TikTok would have to pursue a sale or a workaround, such as the proposed “Project Texas,” which would shift U.S. user data to servers in the United States to address national security concerns.

Adding to the irony, Swisher pointed out that Trump initially advocated for the TikTok divestiture, only to reverse his stance later. Some speculate the reversal is tied to Jeff Yass, a prominent Trump donor and a major stakeholder in TikTok.

“What’s ironic here is that Trump is the one who started this off,” Swisher said. “He was for the ban before he was against it, essentially.” Trump’s pivot has sparked questions about his motivations, especially as he takes aim at a law he once supported. The unfolding drama underscores the tension between political interests, national security, and the influence of major donors in shaping policy.

As the Supreme Court’s decision looms, it remains unclear how Trump’s executive order rhetoric will impact the future of TikTok and ByteDance’s compliance with U.S. law. For now, experts agree that his authority to override Congress is limited, and the fate of the platform will likely rest with the courts and legislative solutions.

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