Opinion: Trump’s TikTok save is illegal – does anyone care?

Donald Trump and TikTok’s owners are defying the law in their plot to save the popular app. Tom Minear argues it is a reminder of how deeply unserious US politics has become.

TikTok’s decision to restart the app in the US after shutting it down is illegal. So is Donald Trump’s proposal to give its Chinese owners time to divest and save TikTok for good.

But does anyone care?

Here are the facts. ByteDance, which owns TikTok, had 270 days to sell it off or face a ban after legislation was passed by Congress and signed by Joe Biden last year. The company never bothered to find a deal, especially not after Mr Trump – who once tried to ban TikTok himself and then changed his mind when it helped his campaign – won November’s election.

Yes, the law gave the president the power to issue a 90-day extension before the ban was implemented. But that was only an option before January 19, the day it came into force, rather than January 20, which is the day Mr Trump returns to the White House.

A law banning TikTok has been enacted in the US, said a message to users attempting to use the app. Picture: AFP

Even if he was somehow returning to power a day earlier, the law also required “evidence of significant progress” towards ByteDance’s divestment – including “relevant legal agreements” – for the extension to be issued. There is simply no basis for Mr Trump to act.

Among younger voters, the returning president is a hero. Their favourite app went dark and he saved it. It is hard not to suspect, however, that TikTok’s actions are part of a broader play to curry favour with him and seek a more favourable deal rather than comply with the law.

It is surely no coincidence Mr Trump discussed TikTok with Chinese President Xi Jinping, having threatened to hit China with sweeping tariffs. Like always, he wants to make a deal.

US President-elect Donald Trump and Vice President-elect J.D. Picture: AFP

But Congress already made a deal, with emphatic bipartisan support. Politicians decided TikTok threatened national security – which Mr Trump once agreed with – and took action.

Few Republicans were brave enough to point this out as Mr Trump sailed in to save the day, arguing that “Americans deserve to see our exciting inauguration” on the popular app.

Perhaps no one will bother challenging the incoming president and ByteDance by trying to uphold the law in court. Either way, the whole episode shows just how deeply unserious the business of politics can be in Washington DC these days.

Consider this. Mr Biden recently blocked Japanese giant Nippon Steel taking over the struggling US Steel. He cited national security concerns, despite the fact Nippon is owned by Japan – one of America’s closest allies – and in the face of opposition from his own national security adviser. Mr Trump, eager to please the steelworkers’ union, backed the decision.

But apparently it is fine for TikTok to keep operating, openly defying the law, and despite clear evidence of how its users’ data is misused by America’s biggest adversary in China.

As I said: deeply unserious.