U.S. Rep. Alexandria Ocasio-Cortez (D-NY)†listens to the testimony of former Trump personal attorney Michael Cohen at a House Committee on Oversight and Reform hearing on Capitol Hill in Washington, U.S., February 27, 2019. REUTERS/Kevin Lamarque – RC156828F730
In a dramatic turn of events, TikTok flickered back to life in the United States on Sunday, January 19, just hours after it had gone dark due to a federal ban. The app’s sudden return was attributed to President-elect Donald Trump, who announced on Truth Social that he would issue an executive order to stall the ban. However, Trump is not yet president—his inauguration is scheduled for January 20—and his premature intervention has sparked widespread confusion, legal scrutiny, and mistrust.
This article explores the chaotic circumstances surrounding TikTok’s relaunch, the legal and political ramifications of Trump’s actions, and the reactions from lawmakers, tech companies, and the public.
The Ban and the Premature Relaunch
On January 19, TikTok ceased operations in the U.S. following a Supreme Court ruling that upheld a federal law requiring the app to divest from its Chinese parent company, ByteDance, or face a ban. The law, signed by President Joe Biden in April 2024, was designed to address national security concerns over data collection and potential Chinese government influence.
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Hours after the ban took effect, Trump posted on Truth Social that he would issue an executive order to extend the divestment deadline, allowing TikTok to remain operational while negotiations continued. In response, TikTok’s service providers, including Oracle and Akamai, reinstated the app, and users were greeted with a message thanking “President” Trump for his intervention.
The problem? Trump was still a private citizen at the time of his announcement. His inauguration was scheduled for January 20, and he lacked the legal authority to issue executive orders or override federal law.
Confusion and Mistrust
The premature relaunch of TikTok has generated significant confusion and mistrust among lawmakers, tech companies, and the public.
Legal and Constitutional Concerns
Legal experts have pointed out that Trump’s actions violate the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACAA), which explicitly requires TikTok to divest or face a ban. The law allows the president to grant a 90-day extension only under specific conditions, none of which have been met.
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“This is a gross abuse of power and a blatant flouting of the law,” said Jill Goldenziel, a constitutional law expert. “Trump cannot legally stop this law as it is written, and corporations do not have the authority to defy U.S. law”.
Corporate Risk
Tech companies like Oracle and Akamai, which reinstated TikTok based on Trump’s announcement, are now at risk of facing significant fines. Oracle alone could be fined up to $850 billion for violating the ban.
Public Reaction
The public reaction has been mixed. While some TikTok users celebrated the app’s return, others expressed skepticism about Trump’s motives and the legality of his actions. “It’s great to have TikTok back, but this whole situation feels shady,” said one user on X. “Why is Trump acting like he’s already president?”
Political Backlash
The premature relaunch has also drawn sharp criticism from lawmakers, particularly Democrats.
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AOC’s Comments
Representative Alexandria Ocasio-Cortez (AOC) was among the most vocal critics. In a statement, she said, “This is a dangerous precedent. A private citizen cannot unilaterally override federal law, and corporations cannot be allowed to flout the rule of law based on the whims of a man who hasn’t even taken office yet. This is not how democracy works”.
AOC also highlighted the broader implications of Trump’s actions, warning that they could set a troubling precedent for the expansion of presidential power. “If we allow this to stand, we’re essentially saying that the president can ignore Congress and the courts whenever it suits him. That’s not a democracy—that’s authoritarianism”.
Republican Response
While some Republicans have expressed support for Trump’s efforts to “save TikTok,” others have raised concerns about the legal and constitutional implications. House Speaker Mike Johnson stated that he interprets Trump’s actions as an attempt to facilitate a true divestiture, but he emphasized that the law must be enforced.
The TikTok saga has far-reaching implications for U.S.-China relations, digital governance, and the balance of power between the executive and legislative branches.
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U.S.-China Relations
The ban and subsequent relaunch have further strained U.S.-China relations. China has consistently opposed the forced sale of TikTok, and the premature relaunch has added a layer of complexity to an already contentious issue.
Digital Governance
The TikTok ban and its chaotic aftermath highlight the need for comprehensive digital governance and privacy regulations. As Kenton Thibaut of the Atlantic Council noted, “Privacy regulations are the things that will actually solve the problem that this TikTok issue is trying to solve”.
Presidential Power
The episode has sparked a broader debate about the limits of presidential power. Legal experts warn that Trump’s actions could set a dangerous precedent, allowing future presidents to bypass Congress and the courts.
Test for Democracy
The premature relaunch of TikTok has exposed deep fissures in the U.S. political and legal systems. While the app’s return has been welcomed by millions of users, the circumstances surrounding its reinstatement have raised serious questions about the rule of law, corporate accountability, and the balance of power.
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As Donald Trump takes office on January 20, the TikTok saga will serve as a litmus test for his administration’s approach to governance. Will he uphold the rule of law, or will he continue to flout it in pursuit of his agenda? The answer will have profound implications for the future of democracy in the United States.