Trump’s TikTok delay is ‘against the law’ top Senate Intelligence Democrat says

Importance Score: 85 / 100 🟢

TikTok Ban Deadline Extended: Trump Administration Faces Scrutiny Over Further Delay

President Trump’s administration has further extended the TikTok ban deadline by 75 days, a move that intensifies uncertainty for technology companies such as Apple, Google, and Oracle and has been labeled “illegal” by a prominent Democrat. This delay of the TikTok sale raises national security concerns and the question of user data protection.

Republican Committee Members Issue Joint Statement

Following the President’s announcement of the extension, 12 Republican members of the House Select Committee on China, including Chairman John Moolenaar, issued a collaborative statement. While the statement did not directly address the legal concerns surrounding the second extension, it emphasized the need for adherence to U.S. law. The committee stressed that “any resolution must ensure that U.S. law is followed, and that the Chinese Communist Party does not have access to American user data or the ability to manipulate the content consumed by Americans.” The signatories indicated they anticipate further clarification on the proposed agreement.

House Energy and Commerce Republicans Echo Security Apprehensions

In a separate declaration, three Republican members of the House Energy and Commerce Committee, including Chairman Brett Guthrie, voiced similar sentiments. They stated that “any deal must finally end China’s ability to surveil and potentially manipulate the American people through this app,” underscoring the ongoing security risks associated with TikTok.

Senator Warner Highlights Algorithm Concerns

Senate Intelligence Committee Vice Chairman Mark Warner expressed stronger criticism in an interview. He asserted, “The whole thing is a sham if the algorithm doesn’t move from out of Beijing’s hands.” Warner questioned Republican resolve, stating, “And close to 80 percent of Republicans knew this was a national security threat — will they find their voice now?” His remarks highlight ongoing doubts about the effectiveness of proposed solutions if the core technology remains under foreign control.

Legal Experts Question Legality of Delays

President Trump had previously signed an executive order on his first day in office postponing enforcement of the TikTok divestiture law, a decision already deemed questionable by legal scholars. The failure to announce an agreement by the initial April 5th deadline, amidst global tariff disputes, further complicated the situation. Allowing the delay to lapse would have significantly heightened the risk of substantial penalties for US companies servicing TikTok post-deadline.

Bipartisan Support for Original Law

The original Protecting Americans from Foreign Adversary Controlled Applications Act received overwhelming bipartisan support, driven by lawmakers’ insistence on addressing a critical national security threat. The law was subsequently upheld by the Supreme Court in January. TikTok has consistently refuted claims that the Chinese government can access U.S. user data or influence content recommendations via ByteDance. However, numerous lawmakers remain unconvinced by these assurances.

Congressional Silence Amidst Executive Actions

Despite the Trump administration’s effective disregard for the law, Congress has maintained relative silence on the issue.

Democrat Senator Warns Against “Illegal” Extension

Senator Ed Markey and other Senate Democrats had previously cautioned President Trump that further extensions would only increase legal uncertainty. They also expressed skepticism regarding whether reported deal structures adequately addressed the app’s legal vulnerabilities. Following the second extension, Senator Markey released a statement acknowledging his preference for deadline extensions but denouncing President Trump’s action. He declared, “Trump’s unilateral extension is illegal and forces tech companies to once again decide between risking ruinous legal liability or taking TikTok offline.” He characterized the delay as “unfair to those companies and unfair to TikTok’s users and creators.” Senator Markey advocated for Congressional action to extend the deadline through his proposed bill.

Representative Khanna Calls for Repeal, Sees Delay as “Good Step”

Representative Ro Khanna, a member of the China Committee who has previously criticized the law and cautioned against potential harm to free expression and creator livelihoods, similarly supports Congressional solutions but advocates for a full repeal of the law. Nonetheless, he described President Trump’s delay as a “good step,” suggesting a nuanced perspective on the ongoing situation.

Republicans Draw “Firm Line in the Sand”

The recent statements from Republican members of the China Committee and the House Energy and Commerce Committee appear to represent the first concerted effort to establish a firm stance on the TikTok issue. Prior to this, some Republicans who support divestment or a ban had individually urged President Trump to comply with the law. Chairman Moolenaar had previously cautioned in an opinion piece that any acceptable agreement must sever all ties with ByteDance, especially following reports of a potential deal with Oracle that might leave some connections intact. Senator Josh Hawley told reporters earlier in the week that if a deal does not fully adhere to the statute, he would advise the President against it. Senator Hawley asserted that if a deal ensuring full compliance cannot be reached, President Trump “ought to enforce the statute and ban TikTok,” dismissing middle-ground solutions as untenable.

Lawmakers Advocate for US Ownership

Senator Warner reiterated that lawmakers desire a TikTok sale that keeps the app under US ownership. He also suggested that the Biden administration should have pursued negotiations more proactively. His underlying concern remains TikTok’s ownership structure, which he believes could enable a foreign adversary government to influence young Americans.

Concerns Over Content Bias and Public Opinion

Senator Warner highlighted instances of “enormous bias in TikTok on things like the Uyghurs, the Hong Kong protests, the conflict in Gaza” during negotiations. He explained that these concerns contributed to the overwhelming bipartisan support for action. While data security remains a concern, Senator Warner considers the potential for TikTok to “shape public opinion” as the more pressing threat. However, lawmakers seem unlikely to take significant action beyond potentially attempting to pass new legislation if President Trump continues to disregard the existing law. Senator Hawley noted the limitations of Congressional power, stating, “Congress, we don’t have an enforcement arm of our own.”


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